[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.]
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.
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.
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.
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.
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.
[Added 12-26-2018 by Ord.
No. 4614-18]
A.
Purpose and scope.
(2)
P.L. 2018, c. 10,[2] preempts any less-favorable local ordinances, resolutions,
policies, regulations, and procedures governing the accrual and use
of employee sick leave. Thus, should any of the provisions of this
section conflict with P.L. 2018, c. 10, any subsequent amendments
thereto, or any implementing regulations, the statute and implementing
regulations shall control.
[2]
Editor's Note: See N.J.S.A. 34:11D-1 et seq.
B.
BENEFIT YEAR
CERTIFIED DOMESTIC VIOLENCE SPECIALIST
CHILD
CIVIL UNION
DESIGNATED DOMESTIC VIOLENCE AGENCY
DOMESTIC OR SEXUAL VIOLENCE
DOMESTIC PARTNER
EMPLOYEE
FAMILY MEMBER
FULL-TIME EMPLOYEES
HEALTH CARE PROFESSIONAL
NON-FULL-TIME EMPLOYEES
PARENT
SIBLING
SPOUSE
Definitions. For the purposes of this section, the following terms
have the meanings set forth:
The period of 12 consecutive months beginning January 1 and
ending December 31 in which employees may accrue and use earned sick
leave as provided in this section.
A person who has fulfilled the requirements of certification
as a Domestic Violence Specialist established by the New Jersey Association
of Domestic Violence Specialists.
A biological, adopted, or foster child, stepchild, or legal
ward of an employee, child of a domestic partner, or civil union partner
of an employee.
A civil union as defined pursuant to N.J.S.A. 37:1-29.
A county-wide organization with a primary purpose to provide
services to victims of domestic violence, and which provides services
that conform to the core domestic violence services profile as defined
by the Division of Child Protection and Permanency in the Department
of Children and Families and is under contract with the Division for
the express purpose of providing the services.
Stalking, any sexually violent offense, as defined in N.J.S.A.
30:4-27.26, or domestic violence as defined in N.J.S.A. 2C:25-19 and
17:29B-16.
A domestic partner as defined in N.J.S.A. 26:8A-3.
An individual engaged in service to the Township for compensation,
excluding elected officials and independent contractors.
A child, grandchild, sibling, spouse, domestic partner, civil
union partner, parent, or grandparent of an employee, or a spouse,
domestic partner, or civil union partner of a parent or grandparent
of the employee, or any other individual related by blood to the employee
whose close association with the employee is the equivalent of a family
relationship.
Those employees classified as full-time pursuant to § 104-20B(1).
Any person licensed under federal, state, or local law, or
the laws of a foreign nation, to provide health care services, or
any other person who has been authorized to provide health care by
a licensed professional, including but not limited to doctors, nurses,
and emergency room personnel.
Those employees classified as part time, seasonal, or temporary pursuant to § 104-20B(2), (3), and (4).
A biological, adoptive, or foster parent, stepparent, or
legal guardian of an employee or of the employee's spouse, domestic
partner, or civil union partner, or a person who stood in loco parentis
of the employee or the employee's spouse, domestic partner, or civil
union partner when the employee, spouse, or partner was a minor child.
A biological, foster, or adopted sibling of an employee.
Husband or wife.
C.
Eligibility.
(1)
Full-time employees shall receive sick leave with pay for one
working day for each month of service during remainder of the first
calendar year of service. Thereafter, full-time employees hired on
or before December 31, 2013, shall receive 15 paid sick days for every
calendar year of service, and full-time employees hired on or after
January 1, 2014, shall receive 12 paid sick days for every calendar
year of service.
(2)
Effective October 29, 2018, non-full-time employees shall receive
one hour of paid sick leave for every 30 hours worked, not to exceed
40 hours in any benefit year.
(3)
Sick leave shall be paid at the employee's normal rate of pay.
D.
Accrual and carryover.
(1)
For full-time employees, sick leave shall begin to accrue on
the date of hire.
(2)
For non-full-time employees hired before October 29, 2018, sick
leave shall begin to accrue on that date. For non-full-time employees
hired on or after that date, sick leave shall begin to accrue on the
date of hire.
(3)
For full-time employees, unused sick leave shall accumulate
and carryover from benefit year to benefit year and shall be available
for the employees' use when needed.
(4)
Non-full-time employees may accumulate and carryover from benefit
year to benefit year a maximum of 40 hours unused sick leave.
(5)
In the event a full-time or non-full-time employee is terminated,
laid off, furloughed, is subject to a break-in-service, or otherwise
separated from employment, any accrued, unused sick leave shall be
reinstated if the employee returns to work within six months of being
terminated, furloughed, laid off, taking a break-in-service, or being
separated from employment. Otherwise, the accrued, unused sick leave
is forfeited.
E.
Use of sick leave.
(1)
Employees may begin to use earned sick leave on the 120th calendar
day after commencing employment. Thereafter, earned sick leave may
be used as it is accrued.
(2)
Sick leave may be used in any increment of one-half-hour or
greater.
(3)
Sick leave may be used exclusively for the following purposes:
(a)
Time needed for the diagnosis, care, or treatment of, or recovery
from an employee's physical or mental illness, injury, or other adverse
health condition, for his or her preventative care.
(b)
Absence necessary because of circumstances resulting from an
employee, or a family member of the employee, being a victim of domestic
or sexual violence, if the leave is to allow the employee to obtain
for himself or herself, or a family member, any of the following:
[1]
Medical attention needed to recover from physical or psychological
injury or disability caused by domestic or sexual violence.
[2]
Services from a designated domestic violence agency or other
victim services organization.
[3]
Psychological or other counseling.
[4]
Relocation.
[5]
Legal services, including obtaining a restraining order or preparing
for, or participating in, any civil or criminal legal proceeding related
to the domestic or sexual violence.
(c)
Time during which an employee is unable to work because of a
closure of the employee's workplace, or the school or place of care
of an employee's child, by order of a public official due to an epidemic
or other public health emergency, or because of the issuance by a
public health authority of a determination that the presence in the
community of the employee, or a member of the employee's family in
need of care by the employee, would jeopardize the health of others.
(d)
Time needed by an employee in connection with an employee's
child to attend a school-related conference, meeting, function or
other event requested or required by a school administrator, teacher,
or other professional staff member responsible for the child's education,
or to attend a meeting regarding care provided to the child in connection
with the child's health condition or disability.
(4)
Employees using sick leave for three or more consecutive days
must, upon their return to work, provide reasonable documentation
that the leave is permissible under the preceding subsection. Reasonable
documentation is defined as follows:
(b)
For leave taken pursuant to Subsection E(3)(b) because of domestic or sexual violence:
[1]
Medical documentation.
[2]
Law enforcement agency records or reports.
[3]
Court orders.
[4]
Documentation that the perpetrator has been convicted of a domestic
or sexual violence offense.
[5]
Certification from a certified domestic violence specialist
or a representative of a designated domestic violence agency or other
victim services organization.
[6]
Documentation provided by a social worker, counselor, member
of the clergy, shelter worker, health care professional, attorney,
or other professional who has assisted the employee or family member
in dealing with sexual or domestic violence.
(5)
Employees whose use of sick leave establishes a pattern must
provide reasonable documentation that the leave was taken for a permissible
purpose. If it is determined that the leave was not taken for a permissible
purpose, or if no reasonable documentation is provided, the employee
is subject to discipline, which may include termination.
(6)
Employees using sick leave for purposes not permitted under
this subsection, or who fail to provide the required documentation
justifying used sick leave, will be subject to disciplinary action,
which may include termination.
(7)
No employee while on sick leave from the Township shall be elsewhere
or otherwise employed or engage in any outside work or employment.
Employees who violate this restriction shall be subject to disciplinary
action, which may include termination.
(8)
During protracted periods of illness or disability, the Township
may require periodic reports on the employee's condition.
(9)
When accrued sick leave is exhausted, the Township shall so
notify the employee in writing, at which point the employee will be
instructed and expected to return to work, or be subject to disciplinary
action, which may include termination.
F.
Scheduling.
(1)
Employees shall make reasonable efforts to schedule the use
of sick leave in a manner that does not unduly disrupt Township operations.
(2)
If an employee's need to use sick leave is foreseeable, he or
she must provide to his or her immediate supervisor a minimum of three
days' advance written notice of the intention to use sick leave and
the expected duration of the absence.
(3)
If an employee's need to use sick leave is unforeseeable or
emergent, he or she must notify his or her immediate supervisor as
soon as practicable before or after the absence.
(4)
An employee may not use sick leave on the day immediately before
or immediately after a Township holiday unless approved in advance
in nonemergent situations, or upon return in emergent situations,
by his or her immediate supervisor, and upon the employee's submission
of reasonable documentation justifying the absence.
G.
Return to work.
(1)
An employee absent for any of the reasons specified in Subsection E(3) for a continuous period of 10 days or more must, prior to returning to work, furnish the Township with certification from the appropriate treatment provider that he or she is physically and mentally fit to resume his or her job duties. The Township reserves the right to have such employee examined by its chosen professional, or some other mutually agreed-upon professional, to determine the employee's fitness for duty.
(2)
The Township reserves the right to require a fitness-for-duty
examination as prescribed in the preceding subsection for absences
of less than 10 days where, in its sole discretion, circumstances
warrant such an examination.
H.
Employment-related injuries.
(1)
Absences resulting from disabilities or injuries sustained in
the usual course of employment and directly in the line of duty are
not chargeable against an employee's accumulated sick leave.
(2)
Employees on sick leave and receiving normal compensation, who
in addition qualify for payments under workers' compensation laws,
shall, during the period he or she is receiving workers' compensation
benefits, be entitled only to that portion of regular salary representing
the difference between full salary and the amount of the workers'
compensation benefits received.
I.
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:
(1)
Employees not covered by Subsection I(3), (4), and (5) 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.
(2)
Employees not covered by Subsection I(3), (4), and (5) 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.
(3)
Pursuant to N.J.S.A. 40A:9-10.2 (L. 2007, c. 92, § 43)
and Ordinance No. 4260-10,[4] 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.
(a)
Mayor.
(b)
Elected members of the Township Council.
(c)
All department heads.
(d)
Township Attorney and Assistant Township Attorneys.
(e)
Township Engineer and Assistant Township Engineers.
(f)
Municipal Prosecutors.
(g)
Judges of the Municipal Court.
(h)
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.
(4)
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.
(5)
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 I(1) or (2) above, as determined by the date they commenced service and their length of service:
(a)
Municipal Certified Health Officer.
(b)
Municipal Tax Collector.
(c)
Chief Financial Officer.
(d)
Construction Code Official.
(e)
Qualified Purchasing Agent.
(f)
Municipal Tax Assessor.
(g)
Municipal Planner.
(h)
Registered Municipal Clerk.
(i)
Licensed Uniform Subcode Inspector.
(j)
Principal Public Works Manager.
(6)
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.
(7)
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 § 104-5.1D.
(8)
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.
(9)
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.
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]
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]
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.
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]
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.
[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
|
[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.
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.
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.
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.
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 the result of the waiver; or 2) $5,000.
Employees who waive health benefits, but who receive coverage through
Township-employed spouses or civil union partners, or as a dependent
through a Township-employed parent or legal guardian, are ineligible
for the waiver payment provided hereunder.
[Added 10-11-2016 by Ord.
No. 4518-16; amended 2-9-2021 by Ord. No. 4688-21]
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.
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.
[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)
Division Manager of Parks, Buildings, and Grounds; Division
Manager of Code Enforcement.
[Amended 1-24-2017 by Ord. No. 4524-17; 3-10-2020 by Ord. No. 4661-20]
(c)
Director of Recreation.
(d)
Director of Community Development.
[Amended 1-24-2017 by Ord. No. 4524-17; 3-10-2020 by Ord. No. 4661-20]
(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.
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.
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.
[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.
[Added 6-24-2014 by Ord. No. 4449-14; amended 5-12-2020 by Ord. No. 4668-20]
Pursuant to P.L. 2013, c. 28, effective September 1, 2014,[1] payroll direct deposit is mandatory for all Township employees.
Negotiable paper checks will not be issued 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]
[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.
[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.
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:
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:
(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.
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.
[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:
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.
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.
The Township, through annual anonymous and confidential questionnaires,
shall monitor the employees' and appointees' trust in the established
policy and procedure.
[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.
Notice of this article shall be disseminated annually and shall
be included in the employee manual or other electronic format.
