Township of Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Township Council of the Township of Dover (now Toms River) 6-22-2004 by Ord. No. 3884-04. Amendments noted where applicable.]
GENERAL REFERENCES
Adoption of Administrative Code — See Ch. 1, Art. III.
Defense and indemnification — See Ch. 94.

§ 104-1 General policy.

There is hereby established in and for this municipality the following personnel policy relating to all present and future municipal employees of this Township:
A. 
To seek, and to obtain for each position to be filled, the highest type and best-qualified person available.
B. 
To provide for all employees the best possible direction, leadership, supervision, guidance, instruction and working conditions.
C. 
To base promotion and job security on ability, performance, experience, character, integrity, attitude, interest and personality.
D. 
To make the best possible use of employee skills and abilities, in order to have each job performed by the best-qualified person.
E. 
To first consider qualified Township personnel for promotion whenever there is an opportunity for advancement.
F. 
To treat every employee with the justice, respect, courtesy and consideration properly due him.
G. 
To expect and require every employee consistently to do the best work of which he is capable; to be loyal and conscientious at all times; to conduct himself in a proper manner; and to treat all with whom he comes in contact with the same considerations and courtesy that he could reasonably expect from them.
H. 
To urge the self-betterment of every employee; and to encourage him to study and seek all possible means of increasing his value, both to his community and to himself.
I. 
To pay fair and adequate salaries for each position, and in return to expect and require a consistently good job from the employee.
J. 
To impress on all employees that at all times they are serving and responsible to the citizens and taxpayers of their community and the general public.
K. 
To inculcate and to maintain in every employee of the Township of Toms River a feeling of pride in himself and his employer, as well as job satisfaction, because he serves, lives in and is an important part of the finest community in the State of New Jersey.
L. 
It shall continue to be the public policy of this municipality that no discrimination shall be permitted in Toms River Township against an employee because of race, color, creed, origin, religion or political affiliation.
M. 
To hire a veteran applicant whenever all the applicants' qualifications are equal. If two or more veterans with equal qualifications apply for one position, preference shall be accorded to the veteran with the longest period of military service.

§ 104-2 General employment practices. [1]

The following general employment practices shall be followed in this municipality:
A. 
The Township Council must formally effect the creation of any new position and authorize the filling of it, prior to any employment or engagement of an employee. In addition, there must be provided in the current budget, or otherwise, specific and adequate funds to compensate the appointee before the employee is engaged.
B. 
The Township Council must formally approve by resolution the filling of any vacancy which has existed for over six months in any previously authorized or established full-time position before any action is initiated to fill the same. In addition, there must be provided in the proper current budget, or otherwise, specific and adequate funds to compensate the employee before the employee is engaged.
C. 
Whenever a vacancy exists or a new position is created, all Township employees who believe they possess the necessary qualifications may apply for the position if they so desire. Such applications should be by letter, addressed to the Township Clerk and filed before the deadline specified. Due consideration shall be given by the department head or heads affected and by the Township Council of each requested transfer of employee from one department to another, and said parties shall also consider the overall welfare of the Township in considering and making employee transfers from one position to another.
D. 
The "Application for Employment" form, obtained at the office of the Township Clerk, shall be completed by all persons applying for positions with the Township of Toms River. In addition to completing the application form, each applicant will submit a short letter in his or her handwriting, stating the type of work applied for and the reason for desiring to join the Township staff.
E. 
As soon as practical after the final date specified for filing, all such applications received, including those from Township employees, will be considered by the department head involved and the Councilman in charge.
F. 
The Township Council, upon receipt of the recommendation received from the Councilman in charge, may prefer to interview personally the applicants who appear to be best qualified and most desirable for the position and will tentatively select the one to be appointed, subject to a satisfactory medical examination and any further investigation of references as deemed necessary by the Township Council.
G. 
Prior to the medical examination, the selected applicant will receive a copy of the personnel policies and practices of the Township of Toms River. If, after a careful study of the policies, practices and rules set forth therein, he or she agrees to conform to them, he or she will sign the form of statement provided for that purpose and will proceed with the medical examination. Any applicant who will not agree to conform to the authorized personnel policies, practices and rules of the Township of Toms River is thereby considered ineligible for employment and will be so notified.
H. 
All tentatively selected applicants will be advised by the Township Clerk that their appointments are being considered on the basis of information contained in the application for employment and given in the personal interview. Consequently, any misstatements or pertinent information withheld will be considered as sufficient cause for immediate separation from the service of the Township.
I. 
The Township Clerk will then arrange to have the selected applicant examined by a physician designated by the Township for a complete medical examination at the expense of the Township.
J. 
If the medical examination is satisfactory, the entire file is to be referred to the Councilman in charge, for reference to the Township Council for final action.
K. 
Except when statutory requirements direct otherwise, all new employees, or old employees transferred to new jobs, shall be considered as being on trial or probation for a minimum period of three months.
L. 
The Township Clerk or the department heads, as designated by the Township Council, will check all papers and records for completeness and set up a personal history file for each and every employee.
M. 
Medical examination will not normally be required for casual, temporary, extra or hourly employees, unless the Township Council specifically so directs; but the Township shall have the right to have any Township employee given a physical or mental examination at any time it elects.
N. 
The foregoing requirements and practices are intended to cover permanent or steady employees. Such requirements may be waived where emergent matters of employment so require or where the proposed employment is temporary only and the circumstances require immediate employment.
O. 
Such requirements and practices shall not interfere with or replace more stringent employment requirements and practices presently or hereafter established, as, for instance, in the Department of Law Enforcement.
P. 
Each and every applicant for a position in Toms River Township shall be in good health and free of any infectious or contagious disease and shall so certify in his or her application.
Q. 
Any provision herein contained requiring an employee to receive approval from or report to a department head when applied to a department head shall require said department head to receive approval from or report to the Township Council or its designee.
[1]
Editor's Note: On 1-24-1967, the Township Council adopted the following resolution:
Whereas, in the interest of the Township of Dover and its employees, that complete and adequate records be maintained, covering in detail reasons for absence of any employees; and whereas, such reports are necessary and required in connection with the fulfillment of terms and conditions of Dover Township's Ordinance No. 720, and other ordinances pertaining to personnel and employment practices of the Township of Dover; now, therefore, be it resolved by the Township Council of the Township of Dover, in the County of Ocean and State of New Jersey, that:
1. The Township Clerk shall cause to be prepared and make available to each department head the form of "Absence Report" which is attached to this resolution. Said form shall be completed by each department head respecting any employee under his supervision and control who may be absent from his appointed duties in said department.
2. Each department head shall report immediately, on said forms, details respecting any absent employee, and copies shall be forwarded to the offices thereon indicated under "Routing Instructions."
3. The Township Clerk shall send a copy of this resolution and a sufficient supply of forms to each department head of the Township of Dover affected hereby.

§ 104-3 Working time and attendance on job.

The following regulations are hereby established relative to working time and attendance on the job by municipal employees:
A. 
Accurate and complete time and attendance records will be maintained by each department head of the Township of Toms River. The person in charge of the department or office or unit will certify as to the accuracy of the time report or record, at least monthly.
B. 
All Township employees will be at their assigned posts or points of duty at 8:30 a.m. each working day unless on vacation, ill, absent or on leave, except when their assigned tours of duty require some other starting hour, such as the Department of Law Enforcement, which works on three shifts: 12:00 midnight to 8:00 a.m.; 8:00 a.m. to 4:00 p.m.; and 4:00 p.m. to 12:00 midnight. The regular hours of the Public Works Department shall be from 8:00 a.m. to 4:30 p.m. unless otherwise designated by the Superintendent of Public Works in an emergency or required exception.
C. 
Being punctual and on time is of utmost importance. Consequently, any lateness and the reason for it will be noted on the time report. Recurring or chronic tardiness or unexplained absences from post of duty shall be referred to the Township Council by the department head for appropriate action and will be the basis for disciplinary action against the offending employee.
D. 
When a lunch period is authorized during a normal work period, one hour is allowed for this purpose, with a specific time assigned to each employee by the department head, in order that duty stations will be covered as necessary during the lunch period. Tardiness in returning from lunch is not permitted unless specifically authorized in advance by the department head, who in all cases is required to note all such instances of lateness on the time report and whether or not authorized.
E. 
The regular closing hour for the Township offices (other than those requiring tours of duty ending at some other hour) is 4:30 p.m. on weekdays, Monday through Friday. Employees are expected to complete their assigned tours of duty unless excused by the department head, in which case a suitable notation will be made on the time report. Department heads shall have the responsibility of varying or changing this in a particular instance where necessity requires such change.
F. 
Any change in the approved Township office hours must be authorized in advance by the Township Council, except in emergency matters or times.
G. 
Unless a department or certain positions within a department are regularly assigned a greater number of hours per week, the normal number of hours of work for full-time Township employees is 35, except for hourly employees, police and detective forces and public works employees; and during an emergency, the head of each department may vary the work hours as necessity dictates. The regular workweek or normal workweek is considered to start Monday and end Sunday and normally consists of five working days of seven hours each, Monday through Friday, except as aforesaid.

§ 104-4 Grievance procedures relating to employees.

The following grievance procedures relating to employees are hereby adopted:
A. 
It is the policy of the Township of Toms River that every employee shall always be treated fairly, courteously and with respect. Conversely, each employee shall always accord the same treatment to his fellow municipal employees, associates, department heads and to the general public.
B. 
It is of the utmost importance that every employee of this municipality shall always conduct himself or herself in a proper manner and in such a way as not to reflect unfavorably upon the employee or the municipality-employer. This provision pertains to off-duty times and hours as well as to times and hours of employment. Each employee shall be diligent in obeying all state and federal laws, and rules, regulations and ordinances of Toms River Township, and encourage others to do likewise. Each employee shall be careful that his or her behavior, actions, language, dress or conduct does not reflect to the detriment of the employee or his or her employer, the Township of Toms River.
C. 
Whenever an employee has a grievance, he shall first present it verbally to his department head or supervisor. It is the responsibility of the department head to arrange a mutually satisfactory settlement of the grievance as quickly as possible if it can, and in his opinion should, be made within the discretion permitted him. The supervisor must either conclude a mutually satisfactory solution to the grievance within 48 hours of the time it was first presented to him or, failing that, must within that time advise the employee of his inability to do so.
D. 
When an employee is informed by his supervisor that he is unable, within the discretion permitted him, to arrange a mutually satisfactory solution to the grievance, the employee must, if he wishes to present the grievance to higher authority, namely the Township Council, do so in writing in the manner set forth below.
E. 
The employee will prepare the grievance in writing, in duplicate. The grievance should be stated as completely and as clearly as possible in order to permit prompt processing. One copy of the grievance shall be immediately placed in the hands of the Township Clerk who will, without delay, forward it to the Township Council in order to advise the Township Council of the filing of the grievance.
F. 
The other copy of the grievance shall be presented by the employee to his immediate department head (to whom the grievance was made verbally). The department head shall report the facts and events which led up to its presentation in writing, including in his written report any verbal answer he may have previously given the employee concerning this grievance. Within 24 hours after receipt of the written grievance, the department head must present it, with the information required from him, to the Township Council via the Township Clerk. A true copy of the department head's written report concerning a grievance against an employee shall be presented to the employee forthwith.
G. 
The department head will attempt to find a mutually satisfactory solution to the grievance within 48 hours or, failing that, must forward the complaint accompanied by his written report on the matter to the Township Council. The Council will then consider and formally act on the complaint.
H. 
Since it is intended that most, if not all, grievances can and should be settled without the necessity of reference to the Township Council, no grievance will be heard or considered by the Township Council which has not passed through the above-described preliminary steps.
I. 
All papers and documents relating to a grievance and its disposition will be placed in the employee's personal history file.
J. 
The foregoing provisions shall apply to all employees not covered by the provisions of any grievance procedure under any collective bargaining agreement with the Township or as provided otherwise under ordinances of the Township.
K. 
For the purpose of this section, the term "employee" shall be defined to include all Township personnel other than elected officials and department heads.

§ 104-5 Absences and vacations of municipal employees.

The following regulations pertaining to absences and vacations of employees are hereby established:
A. 
Absences from duty are classified as "illness," "vacation" or "other" and are to be so noted on the daily time reports. An authorized leave of absence will be reported as "illness" or "other," depending on its nature.
B. 
Each employee must notify his or her department head of any absence from duty. If it is not possible to do so in advance of the working day, the report shall be made by telephone or otherwise as early as possible on the day the employee is absent. If it is impossible to contact his department head, the employee shall so notify the Township Clerk.
C. 
Every permanent full-time employee shall be granted three days' leave, with pay, upon the death of a member of his immediate family if burial is within the State of New Jersey and up to a maximum of five days if burial is outside of New Jersey, with the consent of the department head. The term "immediate family" shall include spouse, children, parents, brothers and sisters and spouse's parents, brothers and sisters and grandparents of the employee or spouse.
D. 
Leave of absence.
(1) 
A permanent employee may be granted a leave of absence without pay for a period not to exceed 30 days. The employer will not unreasonably deny an employee's request for such leave of absence. This leave is subject to renewal for reasons of personal illness or disability or for other reasons deemed proper and approved by the employer.
(2) 
At the expiration of such leave, the employee shall be returned to the position from which he is on leave with all increases granted for his job classification during his leave.
(3) 
Seniority shall be retained and shall accumulate during all leaves.
(4) 
When an employee has a break in service (as distinguished from a leave of absence) neither seniority nor any benefits shall be retailed or accumulated, provided that if any employee is rehired for the position from which he retired within six months of his retirement, he shall be restored to such position and retail all previously accumulated seniority and benefits for that position.
E. 
Vacations.
(1) 
Allocation of vacation time.
[Amended 12-10-2013 by Ord. No. 4417-13]
(a) 
Each permanent full-time employee hired prior to January 1, 2014, who has had the length of continuous service specified in the table following shall be entitled to the working time shown as a vacation with pay at his regular hourly rate of pay as of the week immediately prior to the start of such vacation:
Years of Employment
Weeks of Vacation
1 but less than 5
2
5 but less than 10
3
10 but less than 15
4
15 but less than 25
5
25 or more
6
(b) 
Each permanent full-time employee hired on or after January 1, 2014, who has had the length of continuous service specified in the table following shall be entitled to the working time shown as a vacation with pay at his regular hourly rate of pay as of the week immediately prior to the start of such vacation:
Years of Employment
Weeks of Vacation
1 but less than 5
2
5 but less than 10
3
10 or more
4
(2) 
Eligibility for vacations shall be computed on the first day of the month in which the employee was hired. Department heads shall receive an allotment of vacation days equivalent to the five-year employee. As determined by the Business Administrator on a case-by-case basis, employees not covered by a collective bargaining agreement may receive additional vacation time based on "qualified government service," defined as prior full-time employment with the government of any state or the United States, or any municipality or county.
[Amended 6-24-2014 by Ord. No. 4448-14]
(3) 
With the exception of the first annual anniversary date, vacations may be scheduled at any time within the calendar year of an annual anniversary date; that is, they need not be deferred until the actual anniversary date. Vacations will be scheduled so as not to interfere with the operations of the departments to which the employee is assigned and with due regard to seniority. Vacations shall be taken within the year of entitlement, except that if the first anniversary date occurs in December, the vacation to which an employee is entitled may be taken the following calendar year but not consecutively with the vacation to which such employee is entitled for the second anniversary date.
(4) 
An employee who has resigned or who has otherwise separated from employment in good standing shall be entitled to the vacation allowance pro-rated on the basis of the number of months worked in a calendar year in which the resignation or separation becomes effective.
[Amended 12-10-2013 by Ord. No. 4417-13]
(5) 
If an employee leaves the employ of the employer, for any reason, before the end of the calendar year after having taken a vacation allowance for the year, he or she will be charged with the unearned part of his or her vacation which will be deducted from his or her final pay check.
F. 
Subject to any legal requirements or limitations, effective with the passage of this article, annual vacations with pay are authorized on the following basis:
(1) 
All vacations will be chosen on the basis of position and then seniority.
(2) 
All vacation time must be used in the current year and cannot be accumulated.
(3) 
Unless specifically authorized in advance by the Councilman in charge, extra compensation will not be allowed in lieu of unused vacation. Each and every employee, without exception, must take the authorized annual vacation period for health, rest, relaxation and pleasure.
(4) 
All vacations are subject to the approval of the department heads and of necessity depend upon the work of the Township permitting such vacation leave.
G. 
In all cases of reported illness or disability, the Township reserves the right to have a physician designated by the Township examine and report on the condition of the patient-employee to the Township Council.
H. 
When absence on account of illness or disability does not exceed three days, normally the employee's statement of the cause will be accepted without a supporting statement from his attending physician, although the Township may have any employee examined by a licensed physician at any time it elects to do so. The Township also reserves the right to waive this requirement or to require the employee to be examined by a physician designated by the Township and to have the employee certified as fit for duty before the employee returns to work.
I. 
During protracted periods of illness or disability, the Township may require interim reports on the condition of the patient at weekly or biweekly periods, from the attending physician and/or a physician designated by the Township. When under medical care, employees are expected to conform to the instructions of the attending physician if they wish to qualify for salary payment during such period of illness or disability.
J. 
Sick leave.
[Amended 9-25-2012 by Ord. No. 4377-12]
(1) 
Eligibility for sick leave. All permanent full-time employees shall be granted sick leave with pay for one working day for each month of service during the remainder of the first calendar year of service. Thereafter, employees hired on or before December 31, 2013, shall receive 15 sick days for every calendar year of service, and employees hired on or after January 1, 2014, shall receive 12 sick days for every calendar year of service. Employees employed on a part-time or seasonable basis are not eligible for sick leave.
[Amended 6-24-2014 by Ord. No. 4448-14]
(2) 
Accumulation. The of sick leave not taken shall accumulate from year to year and employees shall be entitled to such accumulated sick leave when needed.
(3) 
Payment upon retirement. Subject to the provision of any applicable collective bargaining agreement, employment contract or superseding state law, employees who retire having reached eligibility to do so may receive upon retirement payment for accumulated, unused sick leave, in accordance with the following provisions:
[Amended 12-10-2013 by Ord. No. 4417-13]
(a) 
Employees not covered by Subsection J(3)(c), (d) and (e) below, who as of December 31, 2013, have 20 or more years of service with the Township, may receive payment upon retirement for the amount of sick leave accrued as of that date, up to a maximum of 130 days, payable in a lump sum on the effective date of retirement, or for department heads and Supervisors, subject to the approval of the Township Council, in payroll installments until the effective date of retirement, but without any salary increases that may take effect during that period. Sick leave accrued after December 31, 2013, is ineligible for payment upon retirement.
(b) 
Employees not covered by Subsection J(3)(c), (d) and (e) below, who as of December 31, 2013, have less than 20 years of service with the Township, or who, pursuant to N.J.S.A. 40A:9-10.4 (L. 2010, c. 3. § 2), commenced service on or after May 21, 2010, may receive payment upon retirement for payment for the amount of unused sick leave accrued as of December 31, 2013, or $15,000, whichever is less. Sick leave accrued after December 31, 2013, is ineligible for payment upon retirement.
(c) 
Pursuant to N.J.S.A. 40A:9-10.2 (L. 2007, c. 92, § 43) and Ordinance No. 4260-10,[1] the following officers and employees who commenced service on or after July 1, 2007, shall be eligible for payment for the amount of unused sick leave accrued as of December 31, 2013, or $15,000, whichever is less. Sick leave accrued after December 31, 2013, is ineligible for payment upon retirement.
[1] 
Mayor.
[2] 
Elected members of the Township Council.
[3] 
All department heads.
[4] 
Township Attorney and Assistant Township Attorneys.
[5] 
Township Engineer and Assistant Township Engineers.
[6] 
Municipal Prosecutors.
[7] 
Judges of the Municipal Court.
[8] 
Appointed members of local authorities created by the municipality and subject to the Local Fiscal Control Law, N.J.S.A. 40A:5A-1 et seq.
[1]
Editor's Note: See Ch. 141, Art. II, Supplemental Compensation for Accumulated Unused Sick Leave.
(d) 
Pursuant to N.J.S.A. 40A:9-10.2, the officers and employees designated in the preceding subsection, who commenced service prior to July 1, 2007, may receive payment upon retirement for the amount of unused sick leave accrued as of July 1, 2007, up to a maximum of 130 days; however, if as of July 1, 2007, the value of unused sick leave accrued by those employees was less than $15,000, then upon retirement those employees may receive payment upon retirement for the amount of unused sick leave accrued up to a maximum of $15,000, except that sick leave accrued after December 31, 2013, is not eligible for payment upon retirement.
(e) 
The following employees, not subject to N.J.S.A. 40A:9-10.2 and Ordinance No. 4260-10, are instead subject to the restrictions imposed under Subsection J(3)(a) or (b) above, as determined by the date they commenced service and their length of service:
[1] 
Municipal Certified Health Officer.
[2] 
Municipal Tax Collector.
[3] 
Chief Financial Officer.
[4] 
Construction Code Official.
[5] 
Qualified Purchasing Agent.
[6] 
Municipal Tax Assessor.
[7] 
Municipal Planner.
[8] 
Registered Municipal Clerk.
[9] 
Licensed Uniform Subcode Inspector.
[10] 
Principal Public Works Manager.
(f) 
Notwithstanding any of the preceding provisions, no employee commencing service on or after January 1, 2014, shall receive payment upon retirement for any accumulated, unused sick leave.
(g) 
The restrictions codified in this subsection affect only the amount payable upon retirement for accumulated, unused sick leave, not the year-to-year accrual of sick leave for use during employment as permitted under Subsection J(4).
(h) 
The restrictions codified in this subsection supersede any contrary provisions in the official Employee Handbook promulgated by the Township and are hereby incorporated therein by reference.
(i) 
The provisions governing payment for accumulated, unused sick leave upon retirement shall be implemented and applied in accordance with N.J.S.A. 40A:9-10.2 and 40A:9-10.4, as amended from time to time, any judicial rulings construing those provisions, and any regulations or guidelines issued by the Local Finance Board or Division of Pensions and Benefits.
(4) 
Permissible use of sick leave. The term "sick leave with pay" is hereby defined to mean a necessary absence from duty due to illness, injury or exposure to contagious disease and may include absence due to illness in the immediate family of the employee or necessary attendance upon a member of the family who is ill.
(5) 
Doctor's note required. An employee absent on sick leave for a period of three consecutive days shall submit acceptable medical evidence substantiating the illness, if requested by the Township.
(6) 
Notification. An employee who does not expect to report to work on any working day because of personal illness or for any of the permissible reasons set forth in Subsection J(4) must notify the appropriate office by telephone or personal messenger within one hour after the beginning hour of his or her tour of duty.
(7) 
Medical examination/certification of fitness. The Township reserves the right to have any employee reported or reporting as ill or sick to be examined by a physician designated by the Township. The Township may require any employee who has been off duty for a longer continuous period than 10 days to furnish the Township with a physician's certificate that the employee is physically fit and able to resume his or her duties, and the Township shall also have the right to have such employee examined physically by a physician of his or her own choice to determine whether not he or she may resume duties and employment.
K. 
Sick leave cannot be allowed for ordinary dental care or for the services of an oculist for normal eye care. As such, professional services are readily available outside of work hours.
L. 
An employee who is certified as absent on account of a disability or accident caused in the usual course of his employment and directly in line of duty shall not have such absence charged against his sick leave. All other provisions regarding absence on account of sickness or disability apply to employees suffering job disability or accident.
M. 
Any employee on sick leave and receiving his normal compensation, who in addition qualifies for payments under workers' 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 workers' compensation payments, equals his normal salary.
N. 
Nothing contained herein 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.
O. 
No employee, while on sick leave from the Township, shall be elsewhere or otherwise employed or engage in any outside work or employment whatsoever.
P. 
When sick leave due an ill employee has been used in full, the employee shall be given written notice of the expiration of his sick leave by his department head. If the employee is unable to or does not promptly return to work, he shall be removed from the municipal payroll. If the ill employee is the head of the department, said notice shall be given by the Township Clerk or any other person designated by the Township Council for that purpose.

§ 104-6 Separation.

The following regulations shall apply to the separation of employee-employer relations between employees of the Township of Toms River and the municipality as employer:
A. 
Separation from the service of the Township may result from voluntary resignation of the employee or by the termination of his services by the Township Council or as herein provided.
B. 
The resignation of an employee received by the department head will be attached to his personal history file and will be reviewed by the department head prior to the effective date of the employee's separation.
C. 
Employees who resign shall tender their resignations in writing and, if possible, at least two weeks prior to the requested effective date of the resignation, in order to provide sufficient time for appointing and breaking in the successor.
D. 
If an employee resigns, the department head shall interview him to determine, if possible, whether there is a reason other than that stated for the employee leaving the service of the Township. All resignations supported by all pertinent data available shall, whenever time permits, be referred to the Township Council before the effective date of the resignation.
E. 
Termination of a full-time employee's services for cause can only be accomplished after such recommendation in writing has been referred to, reviewed and approved by the Township Council or as herein provided.
F. 
All employees shall, upon leaving the services of the Township, complete and sign the "Termination Receipt" when receiving their final compensation. This receipt will be filed in the employee's personal history file as evidence of the satisfaction of all claims against the Township.
G. 
Except as hereinafter set forth, any municipal employee may elect early retirement after 25 years of service with the municipality without loss of Township pension or terminal leave benefits.
H. 
Where separation is caused by retirement, the employee shall give one year's notice of retirement in order that the proper budgetary appropriation and related matters can be provided, unless specifically waived by resolution of the Township Council.[1]
[1]
Editor's Note: Former Subsection H, regarding temporary and part-time employees, was repealed 10-23-2012 by Ord. No. 4382-12. See now § 104-20, Employment classifications. This ordinance also redesignated former Subsections I and J as Subsections H and I, respectively.
I. 
Upon the expiration of an employee's approved injury leave, the employee shall be notified of such expiration by the Personnel Office. If the employee cannot or does not return to duty, his employment shall be terminated by the Township Administrator, who shall notify the employee of such termination. This provision does not apply to employees who have tenure of office.
J. 
No employee who voluntarily resigns or whose services are terminated shall receive payment for any accumulated, unused sick leave.
[Added 12-10-2013 by Ord. No. 4417-13]

§ 104-7 Promotions and transfers.

The following regulations shall apply to promotions and transfers of municipal employees:
A. 
Whenever it is practical to do so, promotions will be made from within the ranks of the Township staff of municipal employees, provided that there are qualified employees available capable of performing the required duties in a satisfactory manner.
B. 
Transfers from one position or department to another will usually be made when it would be advantageous to the Township and/or the employee to make such transfer.
C. 
Employees are requested to file with their respective department heads a list of their skills and special training in order that the Township may make the best possible use of all of the capabilities and potentialities of its personnel.
D. 
The value of each employee, both to the Township and to himself, will be greatly increased by self-improvement, through on-the-job training as well as by outside study and instruction. It is the policy of the Township to encourage the self-improvement of every employee in order that he may qualify for a better position, if and when one is available.
E. 
Department heads will be responsible for on-the-job instructions, as well as for providing guidance for all employees under their leadership and supervision.
F. 
Promotions from within the ranks will be based on merit, character, qualifications and work habits, as determined by an impartial review of all available facts.
G. 
Recommendations for promotions or transfers will be processed by the department head through the Councilman in charge, before transmittal to the Township Council for consideration and action.
H. 
Employees may request transfer to another position or department without prejudice or loss of any seniority rights. Such requests will be considered on their merits, and any action taken will be without establishing a precedent in any case.
I. 
When an employee requests a transfer from one position or department to another, such proposed transfer and request shall be first referred to the department head or department heads involved with the proposed transfer, and the recommendation of such department head or department heads shall be received and considered before the transfer of employee is effected.
J. 
The foregoing provisions of this section shall apply to permanent transfers. Notwithstanding the foregoing provisions, and subject to the terms and conditions of any collective bargaining agreement and any other law, temporary transfers of employees may be directed by the Township Council as it shall deem in the best interest of the Township government. Such temporary transfers shall be for a reasonable period and shall not be of such a duration as to impede the operations of the department from which the employee is transferred on a temporary basis.

§ 104-8 Disciplinary actions.

The following regulations shall apply to disciplinary actions against Township employees in this municipality:
A. 
When a department head believes that an employee is not conforming to the letter or spirit of the Township policies and rules or to specific instructions given him or has acted improperly, dishonestly, immorally, illegally or in violation of any of the rules or regulations hereof, the department head shall first privately discuss the matter with the employee concerned in order to obtain the employee's view and side of the matter. The department head shall, if possible, then obtain assurance that there will not be a repetition of the incident, if it is one not sufficient to warrant the employee's dismissal from Township employment. A note or memorandum of the incident and its disposition shall be placed upon the employee's personal history file by the department head.
B. 
If the matter is not a serious one and the department head is satisfied to thereby close the incident, the matter may then be dropped.
C. 
Should the department head consider the offense sufficiently serious to warrant its consideration by the Township Council, the employee should be so advised and a meeting of those interested arranged at the earliest possible date. All facts should be presented at this meeting, which should, if possible, be conclusive. A written report of the meeting, and of the action taken, should be placed in the employee's personal history file.
D. 
In the event that it appears desirable to do so, the matter may be referred to the Township Council for review and/or action, as is warranted by the facts.
E. 
Disciplinary actions against employees shall be in the following forms:
(1) 
Informal private, verbal reproof by his supervisor or department head.
(2) 
Written memorandum of censure from his superior or department head.
(3) 
Letter of admonition from the Township Council.
(4) 
Suspension from duty without pay.
(5) 
Transfer or demotion of the employee.
(6) 
Separation from the service of the Township.
F. 
Suspension from duty of any employee may be ordered by the immediate department head if and when such summary action is considered as being necessary.
G. 
The suspension from duty of any employee must be reported by the person ordering it to the Councilman in charge without delay.
H. 
A fair and complete investigation of the case will be promptly made by the department head or by member of the Township Council to accumulate all facts and to interview all interested persons. A written report of such investigation will be made if circumstances warrant. After the conclusion of the investigation, the findings and recommendations, supported by all available data, will be referred to the Township Council.
I. 
The Township Council will weigh the facts and recommendations submitted, make such further investigation as is desired by it and at the earliest possible date make its decision as to whatever disciplinary action is to be considered or taken.
J. 
All papers in connection with a disciplinary action will be placed in the employee's personal history file.
K. 
Any employee may appeal a disciplinary action by means of the procedure set forth for handling grievances and as provided by law.
L. 
Nothing herein contained shall apply to the Department of Law Enforcement for reason that disciplinary actions in said Department are already provided for in a separate ordinance regulating the Department of Law Enforcement of this Township.[1]
[1]
Editor's Note: See Ch. 50, Department of Law Enforcement.
M. 
The foregoing provisions shall apply to all employees not covered by the provisions of any grievance procedure under any collective bargaining agreement with the Township or as provided otherwise under ordinances of the Township.
N. 
For the purpose of this section, the term "employee" shall be defined to include all Township personnel other than elected officials and department heads.

§ 104-9 Holidays.

[Amended 6-24-2014 by Ord. No. 4448-14]
Effective January 1, 2015, the following days are designated official holidays:
New Year's Day
Presidents' Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
General Election Day
Veterans' Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day

§ 104-10 Administration procedures and records.

[Amended 6-24-2014 by Ord. No. 4448-14]
A. 
Subject to the provisions of the Township Code and any applicable collective bargaining agreement, the Business Administrator is hereby authorized to implement uniform, reasonable policies and procedures governing employment with the Township.
B. 
The Business Administrator shall promulgate a manual setting forth the policies and procedures governing Township employment, as established pursuant to this Code or any administrative rules and regulations adopted pursuant to the authority granted hereunder. This manual shall be distributed and available to all employees in either paper or electronic format. All employees must certify, in writing, in either paper or electronic format, that they have received the manual and agree to comply with the rules and regulations set forth therein.
C. 
The policies and procedures governing Township employment may be altered, amended, supplemented, rescinded or modified from time to time, with approval by resolution of the Township Council. The policy and procedures manual shall be periodically updated to reflect any such changes. Employees must be given reasonable advance notice, in either paper or electronic format, of any such changes and must provide written certification to that effect as provided in the preceding subsection.
D. 
Personnel files will be established and maintained for every Township employee by the Department of Human Resources.
E. 
Personnel files are confidential records and shall be maintained by the Director of Human Resources in a locked file. The files shall be organized into two groups, one for active employees and another for employees no longer employed by the Township.
F. 
Unless otherwise required by law or court order, access to personnel files is restricted to the Business Administrator, the Director of Human Resources, or other official to whom they grant access. Review of personnel files is limited to official purposes. Individual employees may review their own personnel files with the approval of, and at a time established by, the Director of Human Resources.
G. 
Personnel files shall be carefully maintained and permanently safeguarded. Nothing placed therein shall be removed.

§ 104-11 Jury duty.

It is the public policy of this Township to encourage Township employees to perform all their duties and responsibilities of citizenship, and accordingly, if any municipal employee is legally selected for jury duty, every effort shall be made to enable such employee to serve as juror. To that end, the department heads of the Township government shall use every reasonable endeavor to aid said employee in performing jury duty. Each employee shall be paid for time served as juror, in such amount as will compensate the employee for any loss sustained by the employee, being the difference between the amount of salary and the juror's compensation for the days required in service as juror. Any travel allowance paid to the employee for jury service outside of Ocean County shall not be deducted from the compensation paid to the employee.

§ 104-12 Scope.

This chapter shall not supersede the provisions of any ordinance regulating the Department of Law Enforcement of this municipality nor of any collective bargaining agreement between this municipality and any bargaining unit of employees, this chapter being intended to be general in character, except as to those employees not specifically provided for by separate ordinance or collective bargaining agreement. Only those provisions hereof not inconsistent with such ordinance or collective bargaining agreement shall apply to the employees covered thereby.

§ 104-13 Employee misconduct; financial affairs.

A. 
No Township employee of this municipality shall permit his financial affairs to be in such condition that any work, trouble, responsibility or involvement therein shall be placed upon the Township of Toms River or any of its officials or employees.
B. 
No Township employee shall suffer any judgment against such employee which shall result in any garnishment of wages or salaries due from the Township of Toms River.
C. 
In the event that any municipal employee violates any of the provisions of this chapter with the result that any garnishment of wages or salaries shall be placed against the money due such employee from the Township of Toms River, the governing body of this municipality shall have the right to forthwith dismiss such employee from his job or position with this Township.

§ 104-14 Employee health benefits.

Extended health benefits may include but shall not be limited to the following:
A. 
This municipality is hereby authorized to purchase and furnish Hospital Service Plan of New Jersey (Blue Cross) and Medical-Surgical Plan of New Jersey (Blue Shield) contracts of insurance for full-time municipal employees and their eligible dependents, who are, as to each employee, his or her spouse and children, under 25 years of age, at the expense of the Township of Toms River.
B. 
The coverage of insurance referred to in Subsection A shall become effective May 1, 1964, and shall remain effective until the amendment or repeal of this section.
C. 
This municipality is hereby authorized to purchase and furnish major medical, dental, and prescription insurance for full-time municipal employees and their eligible dependents at municipal expense, subject to any required employee premium contributions.
[Amended 12-10-2013 by Ord. No. 4417-13]
(1) 
For full-time employees hired, and newly-elected officials assuming office, on or after January 1, 2014, health coverage is limited to the EPO Advantage Plan in effect on January 1, 2014, or the successor to that plan, as designated by the Business Administrator.
(2) 
For full-time employees hired, and newly-elected officials assuming office, on or after January 1, 2014, dental coverage is limited to Horizon Dental Fee Service Plan in effect on that date, or the successor to that plan as designated by the Business Administrator.
(3) 
For full-time employees hired, and newly-elected officials assuming office, on or after January 1, 2014, prescriptions will be covered under the Benecard Prescription Plan in effect on that date, or the successor to that plan as designated by the Business Administrator. Co-pays will be established annually by the Business Administrator and may be changed upon 90 days' notice.
D. 
The coverage of insurance referred to in Subsection C shall become effective May 1, 1966, and shall remain effective until this section is amended or repealed.
E. 
All full-time employees hereafter starting employment with the municipality shall serve a probationary period of three months in such employment before the employees shall be eligible to receive any of the benefits referred to in this section.
F. 
The term "full-time employees," as referred to previously in this section, shall be construed to mean those employees of this Township who have been in its employment steadily prior to the adoption of this section and those employees who are subsequently engaged to work steadily who shall have served their probationary period referred to in Subsection E.
G. 
The members of the governing body of this municipality shall be covered by and receive the aforesaid benefits.
H. 
Continuation of benefits.
[Amended 7-14-2009 by Ord. No. 4211-09]
(1) 
All regular full-time employees of the Township of Toms River receiving medical benefits from the Township shall be eligible for a continuation of such health benefits, as defined hereinafter in the event that they suffer an on-the-job traumatic accidental injury which precludes them from continuing their full-time employment with the Township. The intent of this subsection is to allow the covered employee and his family to receive medical and hospital insurance, prescription drugs, and dental health insurance benefits, in the event that it is determined by the New Jersey Division of Pensions that a covered employee has suffered a traumatic on-the-job accidental injury of such significance that the employee is permanently disabled from continuing employment with the Township. The decision of the New Jersey Division of Pensions, based upon its interpretation of the appropriate regulations and law, shall be final in making this determination. The employee and his family shall continue to receive the benefits until the death of the covered employee. In the event the employee was required to pay a co-pay on medical insurance while the employee was a full-time employee immediately prior to the accident leading to the disability, the employee shall continue to pay such co-pay; however, future modifications in the co-pay arrangements with other employees shall not increase the co-pay responsibility of a covered employee. The definition of a full-time covered employee shall be determined by this chapter of the Township Code. The definition of a permanent accidental traumatic injury shall be determined by the New Jersey Division of Pensions.
(2) 
If the Division of Pensions denies an accidental disability claim, and the employee immediately files an appeal for that decision, benefits shall remain in full force and effect for six months; provided that proof of filing the appeal is submitted to the Department of Personnel. The employee shall pay the co-pay during this six-month period.
(3) 
In the event that an employee is killed in the line of duty, or dies from a traumatic on-the-job-related injury, medical benefits, as above described, will continue for the spouse until there is a change in marital status, and dependents will be covered until they are no longer considered to be eligible dependents.
I. 
Retirees with 25 years of service credit with the Township of Toms River and of age 55 years or more. Pursuant to N.J.S.A. 40A:10-23, all retirees, except those enrolled in PFRS, who have 25 years of service with the Township, and are eligible for full retirement based upon pension system requirements, and are of age 55 years or more, shall have the entire cost of health benefits assumed by the Township, subject to co-pay provisions in the employment contract of the respective bargaining units and nonunion employees.
[Amended 7-14-2009 by Ord. No. 4211-09; 9-22-2009 by Ord. No. 4224-09]
J. 
Retirees with 25 years of service credit and of age 55 years or more; 20 or more years of service credit of which are with the Township of Toms River. Pursuant to N.J.S.A. 40A:10-24, all retirees who have 25 or more years of service credit with PERS, SPRS or TAPF retirement systems, 20 years or more of which were with the Township of Toms River, and who were employed by the Township prior to September 2, 1999, and who are of age 55 years or more, shall have the entire cost of health benefits assumed by the Township, subject to co-pay provisions in the employment contract of the respective bargaining units and nonunion employees, provided that:
[Amended 7-14-2009 by Ord. No. 4211-09; 9-22-2009 by Ord. No. 4224-09]
(1) 
The employee provides the employer with at least one year advance written notice of the employee's effective date of retirement, except for those employees who are eligible to retire with health benefits under the conditions set forth herein prior to September 1, 2000. The employee shall provide the employer with such advance written notice as is practicable, except in instances where the employee is unable to do so due to an emergency or extraordinary circumstances.
(2) 
Employees of the unit shall notify the employer of any service credit which they may have accumulated in any of the above-designated retirement systems prior to September 2, 1999, with an employer other than the Township of Toms River. Any employee purchasing back retirement system service credit after September 2, 1999, shall not be eligible for the retirement health benefits provided for herein unless, as of the date of the employee's retirement, the employee has 25 years or more service with the employer and is of age 55 or more.
(3) 
The employee must submit information sufficient for the Township to verify the other prior employment.
K. 
Employees suffering certain on-the-job-accidental injuries. Any employee employed by the Township as of September 2, 1999, who suffers an on-the-job accidental injury, which does not otherwise qualify as an on-the-job traumatic accidental injury covered under § 104-14, and which is of such significance that the employee is permanently disabled from continuing employment with the Township, shall be entitled to retirement health benefits specified herein, subject to co-pay provisions in the employment contract of the respective bargaining units and nonunion employees, as long as the employee has 20 years of service with the Township. The decision of the New Jersey Division of Pensions, based upon its interpretation of the applicable regulations and law, shall be final with regard to whether the injury permanently disabled the employee. Any employee of the Township employed after September 2, 1999, shall not be entitled to retirement health benefits specified in this section, unless the employee has 25 years or more service with the Township.
[Amended 7-14-2009 by Ord. No. 4211-09]
L. 
A Business Administrator having 25 or more years of service in a state or locally administered retirement system, including but not limited to PFRS, PERS, SPRS or TAPF retirement systems, and who was employed by the Township of Toms River, at the date of the employee's retirement, shall have the entire cost of health benefits assumed by the Township subject to co-pay provisions in the employee's employment contract.
[Added 7-14-2009 by Ord. No. 4211-09]
M. 
Full-time employees may waive any or all of the health benefits provided under this section in exchange for a monetary payment. The amount of the waiver payment shall be established by the Business Administrator based on budgetary considerations but, in accordance with N.J.S.A. 40A:10-17.1, shall not exceed the lesser of either: 1) 25% of the amount saved by the Township as a result of the waiver; or 2) $5,000.
[Added 10-11-2016 by Ord. No. 4518-16]

§ 104-15 Personal leave days.

Employees are entitled to three days' leave with pay for personal business. The granting of personal days off shall be for religious purposes and for personal business. Where possible, requests for leave shall be asked for and obtained in advance of the requested date or dates from the employee's department head. Dates requested and the reason for the leave shall be subject to the approval of the employee's department head, which approval shall not be unreasonably withheld. Leave days must be used within the one-year period and shall not be cumulative from year to year. Leave days requested at the beginning of or the end of a vacation or weekend will not be granted except under extraordinary circumstances.

§ 104-16 Seniority.

A. 
It is hereby agreed that the Township hereby recognizes and accepts the principle of seniority in all cases of transfer, promotions, assignment of schedules, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner will be a factor in designating the employee involved.
B. 
An employee shall be deemed probationary following his regular appointment to a permanent position during his trial period of three months. After the probationary period, employees shall be classified as permanent employees. An employee may be dismissed without recourse during the probationary period.
C. 
The term "seniority of an employee" is defined as the length of service as an employee of the employer dating back to his or her first day of hire and by his or her job classification.
D. 
In the event of layoffs and rehiring, the last person hired in the job classification affected shall be the first to be laid off and the last person laid off shall be the first to be recalled in accordance with his seniority in his classification, provided that the more senior employee is able to do the available work in a satisfactory manner.
E. 
An employee who has broken service with the employer (as distinguished from an authorized leave of absence) shall not accrue seniority credits for the time he was not employed by the employer.
F. 
If a question arises concerning two or more employees who were hired on the same date, the following shall apply:
(1) 
For employees hired prior to the effective date of this agreement, seniority preference among such employees shall be determined by the order in which such employees are already shown on the employer's payroll records, i.e., first name, first preference, etc.
(2) 
For employees hired on the same date subsequent to the effective date of this article, preference shall be given in alphabetical order of the employee's last name.
G. 
The employer shall maintain an accurate up-to-date seniority roster showing the date of hire, classification and rate of pay of each employee covered by this article.

§ 104-17 Overtime and compensatory time.

[Amended 2-25-2014 by Ord. No. 4425-14]
A. 
Overtime.
(1) 
Overtime is time worked in addition to an employee's regularly scheduled hours during a workweek.
(2) 
Overtime in the amount of time and one-half shall be paid to all employees eligible therefor for time worked in excess of 40 hours in the standard workweek.
(3) 
Employees with a thirty-five-hour workweek shall be paid as straight time for hours worked above 35 and up to and including 40 in the workweek. Hours worked above 40 shall be paid as time and one-half in accordance with the preceding subsection.
(4) 
Overtime is not payable unless authorized by a supervisor.
(5) 
To the extent reasonably practical, overtime shall be equally distributed among employees in their respective departments capable of performing the additional work.
(6) 
Pyramiding of overtime is prohibited.
B. 
Compensatory time.
(1) 
The following, nonunion, executive-level employees may accrue and use compensatory time:
(a) 
Director of Public Works.
(b) 
Director of Parks, Buildings, Grounds and Code Enforcement.
[Amended 1-24-2017 by Ord. No. 4524-17]
(c) 
Director of Recreation.
(d) 
Director of Engineering, Construction Services and Community Development.
[Amended 1-24-2017 by Ord. No. 4524-17]
(e) 
Chief Financial Officer.
(f) 
Township Engineer.
(g) 
Construction Official.
(h) 
Municipal Clerk.
(i) 
Municipal Court Administrator.
(2) 
In addition to the employees listed in the preceding subsection, other nonunion, executive-level employees who in unique or extraordinary circumstances must work beyond the normal workday or workweek may receive compensatory time as determined by the Business Administrator.
(3) 
The Business Administrator shall develop and implement policies and procedures consistent with this subsection governing the accrual and use of compensatory time which shall be incorporated into the Employee Handbook. Additionally, the Business Administrator shall provide, on an annual basis, a report to the Township Council detailing the amount of compensatory time awarded to and used by eligible employees.
(4) 
Eligible employees may accrue and use a maximum of one workweek (35 hours or 40 hours, depending on the particular employees' designated workweek) of compensatory time annually; except that the Business Administrator may increase this allotment to a maximum of two weeks (70 hours or 80 hours, depending on the particular employees' workweek) in extraordinary circumstances.
(5) 
Compensatory time must be used within the calendar year in which it is earned, or if earned within the last four months of the calendar year, by the succeeding April 30; otherwise, it is forfeited.
(6) 
Accrued, unused compensatory time is not compensable upon retirement, resignation, or discharge, cannot be used to extend an employee's termination date, and cannot be converted into any other form of leave time.
(7) 
Eligible employees may accrue compensatory time only upon the written request to, and written approval of, the Business Administrator or his designee.
(8) 
Accrual and use of compensatory time shall be recorded in the electronic time and attendance system.
(9) 
Compensatory time may be scheduled in the same manner as vacation and sick time.

§ 104-18 Call-in pay.

A. 
An employee who is called in to do work in emergencies outside of his or her regular hours shall be entitled to "call-in pay" as hereinafter set forth.
B. 
The employee called in shall be guaranteed a minimum of 2 1/2 hours, payable and credited at the rate of time and one-half, and such employee shall be entitled to payment at the appropriate overtime rate for all hours actually worked in excess of 2 1/2 hours.
C. 
This call-in guaranty shall not apply if the hours worked are prior to or immediately following an employee's regular hours. In addition, this call-in guaranty shall not apply to scheduled overtime, including but not limited to scheduled meetings of all public bodies, boards or commissions, in which event the regular overtime provision of this agreement shall apply.

§ 104-19 Longevity.

A. 
Longevity increment.
[Amended 12-10-2013 by Ord. No. 4417-13]
(1) 
Employees hired before January 1, 2014, shall be paid, in addition to their base pay, a longevity increment based upon years of service in the employ of the Township in accordance with the following schedule:
Employees Hired Prior to November 29, 1990
Years of Service
Increment of Base Pay
Upon completion of 3
2%
Upon completion of 5
4%
Upon completion of 9
6%
Upon completion of 12
8%
Upon completion of 15
10%
Employees Hired After November 29, 1990
Years of Service
Increment of Base Pay
Upon completion of 5
2%
Upon completion of 9
4%
Upon completion of 12
6%
Upon completion of 15
8%
Employees Hired After January 1, 1998
Years of Service
Increment of Base Pay
Upon completion of 9
4%
Upon completion of 12
6%
Upon completion of 15
8%
(2) 
No longevity increment shall be paid to employees hired on or after January 1, 2014.
B. 
Each employee shall qualify for the longevity increment on the date of the anniversary of his employment, and such increment shall be paid from and after such date.
C. 
In computing any overtime pay which may become due any such employee, only the base pay shall be used.

§ 104-20 Employment classifications.

[Amended 10-23-2012 by Ord. No. 4382-12]
A. 
Employee defined. The term "employee" refers to all nonelected officials and employees of the Township of Toms River not otherwise covered by any other provision of this Code, Township ordinance, collective bargaining agreement, or individual employment contract. In instances where those instruments overlap with or conflict with any provision to which this definition applies, the more specific provision shall control.
B. 
Classifications of employment. Unless dictated otherwise by another provision of this Code, Township ordinance, collective bargaining agreement, or individual employment contract, Township employees shall be assigned to, and paid and scheduled in accordance with, the following classifications of employment:
(1) 
Full-time employment: employment on a permanent basis following completion of the probationary period required pursuant to §§ 104-14E and 104-16B for a minimum thirty-five-hour workweek, except for hourly employees, police and detective forces, Public Works employees, or employees in positions regularly assigned a different number of hours, whose workweek hours may vary, but who maintain full-time status. During an emergency, department heads may vary full-time working hours as necessity dictates. Full-time employees are eligible for all of the benefits and protections so conferred by this chapter.
(2) 
Part-time employment: employment on a continuous basis, paid hourly, without expectation of a permanent position, at less than 19 1/2 hours per week. Part-time employees are not eligible for sick or vacation leave, health benefits, but subject to state regulations, may qualify for enrollment in a state-administered pension system.
(3) 
Seasonal employment: occasional employment, with no expectation of a permanent position, which shall not exceed six consecutive months and must be followed by a break-in-service of greater than 30 days. Seasonal employees are paid on an hourly basis and are not eligible for sick or vacation leave, health benefits, or pension enrollment. Weekly hours are assigned based on staffing needs and budgetary constraints.
(4) 
Temporary employment: short-term employment in a particular position, with no expectation of a permanent position, not to exceed 90 days, and paid on an hourly basis. Temporary employees are not eligible for sick or vacation leave, health benefits, or pension enrollment. Weekly hours are assigned based on staffing needs and budgetary constraints.

§ 104-20.1 Direct deposit.

[Added 6-24-2014 by Ord. No. 4449-14]
Pursuant to P.L. 2013, c. 28, effective September 1, 2014,[1] payroll direct deposit is mandatory for all Township employees, except: a) seasonal employees; b) temporary employees; and c) existing employees, hired on or before December 31, 2013, who do not maintain a personal bank account. For employees hired on or after January 1, 2014, only seasonal and temporary employees are exempt from the direct deposit requirement. Negotiable paper checks will not be issued to nonexempt employees after the effective date of this provision.
[1]
Editor's Note: See N.J.S.A. 52:14-15f.
[Amended 2-28-2012 by Ord. No. 4346-12; 10-23-2012 by Ord. No. 4381-12]

§ 104-21 Purpose and scope.

[Amended 10-28-2014 by Ord. No. 4461-14]
A. 
Toms River Township recognizes that unlawful harassment is a violation of state and federal law. Toms River Township seeks to provide its employees and appointees a work environment free of unlawful harassment. Harassment of any Township employee or appointee by any other Township employee, appointee, official, vendor, independent contractor, outside professional, or any other individual engaged by the Township, whether paid or not, is prohibited.
B. 
Toms River Township and the Township Council have established the following policies and procedures to ensure a workplace free of unlawful harassment in any form.

§ 104-22 Violation of policy.

[Amended 10-28-2014 by Ord. No. 4461-14]
No Township employee, appointee, official, vendor, independent contractor, outside professional, or any other individual engaged by the Township, whether paid or not, shall harass another Township employee or appointee through unlawful conduct or communication, as defined in § 104-23.

§ 104-23 Definition of unlawful harassment.

A. 
Sexual harassment shall consist of unwelcome sexual advances, requests for sexual favors and other inappropriate or offensive verbal or physical conduct made because of a person's sex, made by any employee or appointee to another employee or appointee when:
(1) 
The advances undermine the employment relationship by creating an intimidating, hostile or offensive environment;
(2) 
The advances affect the individual's job performance;
(3) 
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or when
(4) 
Submission to or rejection of such conduct by an individual is used as the basis of decisions concerning continued employment or evaluation of such individual.
B. 
The open display of sexually suggestive objects or pictures in the workplace is unlawful harassment.
C. 
Examples of conduct constituting unlawful sexual harassment include, but are not limited to:
(1) 
Unwelcome sexual advances.
(2) 
Sexually graphic comments.
(3) 
Demeaning comments concerning sex and/or physical appearance.
(4) 
Unwelcome touching or any intentional contact of a sexual nature.
(5) 
Unwelcome and offensive sexually explicit humor.
D. 
Harassment of an employee based upon his or her race, color, gender, creed, national origin, ethnicity, ancestry, religious beliefs, age, marital status, sexual orientation or physical or mental disability may constitute a form of prohibited discrimination. This article forbids the creation of a hostile work environment based upon harassment pertaining to one or more of these protected classes.
(1) 
It is a violation of this article to engage in conduct involving or directed at a protected class, whether an individual employee or group of employees, that any similarly situated, reasonable person would conclude:
(a) 
Has purposely or knowingly created an intimidating, hostile or offensive working environment;
(b) 
Has purposely or knowingly unreasonably interfered with an individual's work performance; or
(c) 
Has purposely or knowingly adversely affected an individual's advancement opportunities.
(2) 
This article forbids conduct based upon these protected classes that interferes with the victim's work or creates a hostile or offensive work environment, regardless of injury.
(3) 
Supervisors are responsible for preventing acts of harassment. This responsibility includes:
(a) 
Monitoring the unit work environment on a daily basis for signs that harassment may be occurring;
(b) 
Providing sensitivity training to their subordinates;
(c) 
Ensuring that their subordinates are familiar with the provisions of this directive;
(d) 
Counseling their subordinates on the types of behavior prohibited, and this agency's procedures for reporting and resolving complaints of harassment;
(e) 
Stopping any observed acts that may be considered harassment, and taking appropriate steps to intervene, regardless of whether the involved employee(s) is under their supervision; and
(f) 
Taking immediate action to prevent retaliation towards the complaining party and to eliminate the hostile work environment where there has been a complaint of harassment, pending investigation. If a situation requires separation of the parties, care should be taken to avoid actions that appear to tacitly condone the proscribed conduct and/or to punish the complainant.
E. 
Because of New Jersey Attorney General Guidelines and Directives dealing with discriminatory practices, the Chief of Police is authorized to promulgate an unlawful harassment policy consistent with this article for the good order of the Toms River Police Department and its employees.

§ 104-24 Duty of Affirmative Action Officer and department heads.

The Director of the Division of Human Resources is designated as the Affirmative Action Officer of the Township of Toms River. The Affirmative Action Officer and department heads will make it clear to all employees, by enforcing this article and addressing complaints of inappropriate behavior, that unlawful harassment is prohibited by Toms River Township and is grounds for disciplinary action.

§ 104-25 Procedure for reporting, documenting and investigating complaints of unlawful harassment.

[Amended 10-28-2014 by Ord. No. 4461-14]
A. 
Any Township employee or appointee alleging unlawful harassment must timely report the incident to his or her immediate supervisor, department head, or one of the following male or female employees:
(1) 
Director of Human Resources (Affirmative Action Officer).
(2) 
Administrative Assistant for Human Resources.
(3) 
Chief Financial Officer.
(4) 
Business Administrator.
B. 
The recipient of the complaint must document the alleged harassment in writing and immediately report the matter to the Director of the Division of Human Resources (Affirmative Action Officer), who shall promptly carry out a thorough investigation that protects both the rights of the complainant and the alleged harasser. Outside counsel may also be retained to conduct the investigation.
(1) 
If the target of the complaint is the Director of Human Resources (Affirmative Action Officer), then the matter must be reported to the Business Administrator who shall carry out the investigation, or retain outside counsel to do so.
(2) 
If the target of the complaint is the Business Administrator, then the matter must be reported to the Mayor who shall retain outside counsel to conduct the investigation.
C. 
The investigation must, at a minimum, involve interviews with the complainant and the alleged harasser and any potential witnesses to the incident. The investigation must respect the privacy and confidentiality of all persons involved, including but not limited to the complainant, the alleged harasser, and any potential witnesses. Information developed in the investigation shall be kept confidential, except where disclosure is required by law.
D. 
The findings of the investigation must be thoroughly documented. Once the investigation is complete, the investigator must prepare a written report detailing the findings of the investigation and recommending corrective action. The report shall then be submitted to the Business Administrator for final action, unless the matter involves an employee of the Township Council, in which case the Business Administrator shall submit the report to the Council for final action.
E. 
The Chief of Police is authorized to investigate unlawful harassment claims within the Toms River Police Department in accordance with the Guidelines on Internal Affairs issued by the New Jersey Attorney General and consistent with this article.

§ 104-26 (Reserved) [1]

[1]
Editor's Note: Former § 104-26, Formal complaint procedure, was repealed 10-28-2014 by Ord. No. 4461-14. See now § 104-25.

§ 104-27 Training of municipal officials.

The Township shall provide mandatory training to all supervisors and department heads regarding its unlawful harassment policy and procedures. The Township shall make training available to all employees and appointees.

§ 104-28 Monitoring of policy.

The Township, through annual anonymous and confidential questionnaires, shall monitor the employees' and appointees' trust in the established policy and procedure.

§ 104-29 Sanctions.

[Amended 10-28-2014 by Ord. No. 4461-14]
A. 
Any employee or appointee found to have violated these policies shall be subject to disciplinary action up to and including termination.
B. 
The Township reserves the right to cancel the contract or terminate the business relationship with any vendor, independent contractor, outside professional, or any other individual engaged by the Township, whether paid or not, found to have violated these policies.
C. 
Anyone determined to have falsely complained of, or provided false information or testimony in connection with a charge of, unlawful harassment is subject to discipline, up to and including termination.

§ 104-30 Notification.

Notice of this article shall be disseminated annually and shall be included in the employee manual or other electronic format.