[HISTORY: Adopted by the Township Committee of the Township of Hampton 12-29-1992. (This chapter superseded former Ch. 18, Personnel Policies, adopted 2-27-1973.) Amendments noted where applicable.]
A. 
Civil service. The New Jersey State Civil Service Law and the Civil Service Rules of the State of New Jersey applicable to municipalities provide the basic framework for employment in the Township government. This chapter and all its provisions shall at all times be subject to the Civil Service Rules of the State of New Jersey, which prescribe basic minimum standards. The extent that this chapter should at any time and in any particular provide standards less liberal than those embodied in the Civil Service Rules of the State of New Jersey, the latter rules shall be deemed applicable. To the extent, however, that the provisions of this chapter contain benefits or provisions more liberal than the minimum requirement of the Civil Service Rules of the State of New Jersey, the provisions of this chapter shall control.
B. 
Fair Labor Standards Act. The provisions of the Fair Labor Standards Act as applicable to governmental employees shall also apply within the Township to the extent that this chapter should at any time and in any particular provide standards less liberal than those embodied in the Fair Labor Standards Act, the latter rules shall be deemed applicable. To the extent, however, that the provisions of this chapter contain benefits or provisions more liberal than the minimum requirements of the Fair Labor Standards Act, the provisions of this chapter shall control.
A. 
Basis for original appointment. Original appointments to vacancies in the Township service shall be based on merit, fitness and ability, which shall be determined by competitive examinations insofar as practicable, and shall be in accordance with the Civil Service Rules of the State of New Jersey.
B. 
Temporary assignments. In the absence of an appropriate list or for the filling of temporary or seasonal positions or temporarily in the case of emergencies, vacancies may be filled by temporary appointments by the Township Committee. Temporary appointments shall have a maximum duration of four months.
C. 
Provisional appointments. Pending the establishment of an appropriate eligible list, vacancies in permanent positions may be filled by provisional appointments. Such appointments shall continue only until an appropriate eligible list is established. Provisional employees shall possess minimum qualifications established for the vacant position.
D. 
Physical examination. Any job applicant may be required to submit to a physical examination by the Township physician or a designated alternative. Psychological or psychiatric examinations by a psychologist or psychiatrist designated by the Township may also be required.
E. 
Probationary period.
(1) 
All employees appointed permanently to the classified service shall serve a probationary period of 90 days. At the expiration of the probationary period, the Township Committee may discontinue the service of any employee if, in the Township Committee's opinion, the employee is unwilling or unable to perform the duties of his position in a satisfactory manner or if the employee is of such reputation and habits as not to merit continuance in the service of the Township. In every case, the Township Committee shall notify the employee, in writing, of the discontinuance and the reasons for the same and shall forward a copy of the notice to the Department of Civil Service of the State of New Jersey.
(2) 
A ninety-day probationary period shall also apply to an employee promoted to a higher classification. Probationary status shall in no way affect the rights and status in the original or lower classification.
F. 
Permanent status. Classified employees who satisfactorily complete their probationary period shall have permanent employment status, conditioned upon good behavior and satisfactory job performance. They shall be subject to removal only for cause or for reason of economy, after proper notice and the opportunity to be heard, as set forth under the Civil Service Rules of the State of New Jersey.
A. 
Definitions. As used in this chapter, "promotion" shall mean an advancement in classification having:
(1) 
New duties of greater difficulty or responsibility.
(2) 
A salary range having greater maximum.
B. 
Effect of reclassification. When there is a major change in the duties or responsibilities of a position resulting in its reallocation to a higher classification, the position shall be considered vacant and subject to filing under promotional procedures. The incumbent in the reclassified position may be permitted to serve pending promotional procedures.
C. 
Permanent promotions.
(1) 
Vacancies shall be filled by utilizing competitive promotional examinations, in accordance with the Civil Service Rules of the State of New Jersey.
(2) 
Where the Township Committee, after consultation with the New Jersey Civil Service Department, finds that no employee is qualified for promotion to the vacancy, it may order an open competitive examination, open to candidates outside the Township's employ. In post-examination selection, the Township Committee shall give appropriate consideration to the applicant's qualifications, record of past performance and the length and quality of his service.
(3) 
Selection shall be made from the top three candidates as determined by the examination process of the Civil Service Department of the State of New Jersey.
D. 
Provisional promotions. Pending the availability of a suitable eligibility list, vacancies may be filled by a provisional promotion. A provisional promotion shall have a maximum duration of six months.
A. 
Types of separation. Classified employees who have acquired permanent employment status may be temporarily suspended from the Township's employ by layoff or suspension or permanently separated by resignation or dismissal, subject at all times to the rules and regulations of the Civil Service Department of the State of New Jersey.
B. 
Layoff. Whenever there is a lack of work or a lack of funds requiring a reduction in the number of employees in a department of the Township government, the required reductions shall be made in such a job classification or classifications as the Township may designate. As determined by the Township Committee, employees shall be laid off in the reverse order of their length of service within each affected job class in a particular department or division. All provisional employees shall be laid off before probationary employees, and all probationary employees shall be laid off before any permanent employees. Permanent (including probationary) employees so affected shall be given a minimum of 45 days' notice. Provisional employees so affected shall be given a minimum of two weeks' notice or two weeks' pay in lieu thereof.
C. 
Retirement.
(1) 
Employees enrolled in the Public Employees Retirement System of the State of New Jersey shall be subject to the requirements and provisions of that plan and shall be eligible to retire and receive benefits as provided therein.
(2) 
Retired employees shall be entitled to health benefits in accordance with a resolution adopted October 8, 1991, which adopted the provisions of Chapter 88, Public Laws of 1974, as amended, and the rules and regulations promulgated by the State Health Benefits Commission thereunder. A copy of said resolution is on file in the Township Clerk's office.
D. 
Resignation. An employee may resign from his position by sending a written resignation to the Township administration who in turn shall forward it to the Township Committee. Unless there are disciplinary charges pending against the employee, the Township Committee shall notify the employee, in writing, of acceptance of his resignation in good standing. An employee shall give a minimum of 14 days' notice before the effective date of his resignation. Failure to do so may result in loss of vacation, sick and personal day credits. Oral resignation shall be considered to be binding, but not as a resignation in good standing.
E. 
Involuntary separation of full-time classified employees. In the event of the involuntary separation of a full-time classified employee, the employee shall receive 60 days' notice (including accumulated vacation leave) or be compensated at the rate of one day's wages for each day less than the 60 days for which notice is required to be given, except in cases of disciplinary dismissal for cause.
A. 
Pay periods. Road Department employees shall be paid biweekly. All other employees shall be paid monthly.
B. 
Use of personal vehicle. No employee shall be reimbursed for use of his or her personal vehicle unless prior approval to use the same is granted by the Township Administrator. Employees required to use personal vehicles in the pursuit of proper and necessary Township business will be reimbursed at the rate of $0.41 per mile when the proper paperwork is submitted verifying mileage.
[Amended 7-30-2002 by Ord. No. 2002-7; 9-27-2005 by Ord. No. 2005-10]
C. 
Safety equipment and clothing allowance.
(1) 
The Township shall provide employees of the Road Department with uniforms and shall be responsible for weekly cleaning and maintenance of uniforms.
(2) 
Road Department employees shall receive an annual OCH approval on steel-toe work shoe allowance of $100 per year. Said allowance shall be payable on the first pay of January of each year.
(3) 
Safety equipment, i.e., hard hats, goggles or gloves, shall be supplied by the Township at work sites where necessary.
(4) 
The Township Committee, in consultation with the Road Supervisor, may grant compensatory time off in lieu of overtime pay to employees under their supervision in accordance with the Fair Labor Standards Act, as amended, and the rules and regulations promulgated thereunder.
(5) 
The Township Committee may, upon recommendation of the Administrator, grant compensatory time off in lieu of overtime pay to the Township employees in accordance with the Fair Labor Standards Act, as amended, and the rules and regulations promulgated thereunder.
D. 
Longevity.
(1) 
All employees not under a negotiated contract shall be eligible to receive longevity pay as follows:
Years of Cumulative Service
Per Year
5 to 9
$300
10 to 14
$350
15 to 19
$450
20 to 24
$550
25 or more
$650
(2) 
Permanent part-time employees shall be eligible for longevity on a prorated basis.
(3) 
Longevity pay shall be paid to all active employees in a lump-sum payment in the last pay in November of each year.
A. 
Emergency. A department head or committee liaison may require any employee to be in attendance for work on any day that he determines that a public emergency so requires.
B. 
Meal allowance. Employees in the Road Department who work during severe weather conditions, i.e., snow, floods or hurricane, shall receive the sum of $7 as a meal allowance for each six-hour period worked between the hours of 3:30 p.m. to 6:00 a.m. on weekdays and each six-hour period worked on weekends and holidays.
A. 
Holidays.
(1) 
Paid holidays.
(a) 
The following official holidays with pay shall be observed by the Township for permanent full-time employees:
New Year's Day
Columbus Day
President's Day
Veterans' Day
Good Friday
Thanksgiving and day after
Memorial Day
Christmas
July 4th
General Election Day*
Labor Day
Primary Election Day*
*NOTE: Office personnel may take another day in lieu of Election Day, with the understanding that the time be taken within that calendar year.
(b) 
Permanent part-time employees shall be governed by Subsection A(4) of this section.
(c) 
If a holiday falls on a Sunday, it shall be observed on the following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday.
(2) 
Compensation for working on holidays and/or Sundays. When it is necessary to require an employee to work on an official holiday or a Sunday, the Township Committee, in consultation with the department head, may approve the compensation of the employee at twice his hourly rate or may permit the employee to take two hours off as compensatory time with pay on a regular working day at a time approved by the department head for each hour worked on the holiday.
(3) 
Not charged against vacation or sick leave. If an official holiday is observed during an employee's vacation, he shall be entitled to an additional vacation day, and if an official holiday occurs while an employee is on sick leave, he shall not have the holiday charged against his sick leave.
(4) 
Holiday pay for part-time employees.
(a) 
All permanent part-time employees, who regularly work a constant percentage of the regular and normal workweek, shall receive pay credit for the holiday on a proportionate basis, provided that their work schedule would have included work time on that holiday.
(b) 
Holiday leave credit shall be determined by using civil service regulations.
B. 
Personal days.
(1) 
Amount of personal leave. All permanent, full-time employees of the Township, whether in the classified or unclassified service, shall be granted two personal days during each calendar year.
(2) 
Part-time employees. Permanent, part-time employees shall be eligible for personal leave on a prorated basis.
(3) 
Accumulation. Accumulation of personal leave beyond that earned in any year shall not be permitted; provided, however, that personal days not taken in calendar year 1992 shall be permitted to be carried forward through calendar year 1993. After calendar year 1992, no personal days shall be permitted to be carried forward.
(4) 
Employees wishing to take a personal day shall apply to the Township Clerk/Administrator for approval of the same at least three days prior to the requested day.
C. 
Not charged against vacation or sick leave. If an official holiday is observed during an employee's vacation, he shall be entitled to an additional vacation day, and if an official holiday occurs while an employee is on sick leave, he shall be entitled to an additional vacation day.
D. 
Requirement for holiday pay. To be eligible to receive holiday pay, an employee must work the regularly scheduled workday before the holiday and the regularly scheduled workday after the holiday, unless he has been excused by his supervisor or unless his supervisor is satisfied that his absence was justified.
A. 
Amount of vacation leave. All permanent full-time employees of the Township, whether in the classified or unclassified service, shall be granted annual leave with pay for vacation purposes during each calendar year in accordance with the following schedule based on length of employment as of the 31st day of December of the preceding calendar year.
Length of Employment
Vacation Leave
Up to 1 year of service
1 working day for each month of employment
After 1 year and up to completion
12 days
of 4 years of service
After 4 years and up to completion
15 days
of 10 years of service
After 10 years and up to completion
18 days
of 15 years of service
After 15 years and up
20 days
B. 
Amount of vacation leave for part-time or provisional employees. Permanent part-time and provisional employees shall be eligible for vacation leave on a prorated basis.
C. 
Accumulation. Accumulation of vacation leave beyond that earned in any year shall be permitted during the next succeeding calendar year only.
D. 
Vacation leave due upon separation. An employee who is retiring or who has otherwise separated shall be entitled to the vacation allowance for the current year prorated upon the number of months working in the calendar year in which the separation or retirement becomes effective and any vacation leave which may have been carried over from the preceding calendar year.
A. 
Sick leave.
(1) 
As used in this subsection, "sick leave" shall mean paid leave that may be granted to each permanent classified or unclassified employee who through sickness or injury becomes incapacitated to a degree that makes it impossible or highly impractical for him to perform duties of his position or who is quarantined by a physician because he has been exposed to a contagious disease.
(2) 
Temporary employees shall not be eligible for sick leave.
(3) 
Full-time employees shall accumulate sick leave of the basis of 15 days of sick leave per year. In the first year of employment, employees shall be entitled to one day of sick leave for each month of employment. After the first year of employment, employees shall be entitled to 1 1/4 days of sick leave for each month of employment.
(4) 
Part-time permanent employees shall be eligible for sick leave on a prorated basis.
(5) 
Sick leave may be accumulated during each employee's length of service. At the time of retirement or separation, the employees shall be entitled to pay on the basis of 1/2 day per full day of verifiable sick leave accumulated and not previously used up to a maximum of $12,000.
(6) 
Sick leave due upon separation. An employee who is retiring or who has otherwise separated in good standing shall be entitled to the sick allowance for the current year prorated upon the number of months working in the calendar year in which the separation or retirement becomes effective and any sick leave accumulated as per Subsection A(5)
(7) 
Accumulated sick leave may be used by an employee for personal illness, illness in his immediate family (not to exceed five working days in one calendar year without the approval of the Township Committee), quarantine restrictions or pregnancy or disabling injuries. The term "immediate family" is defined as: (see § 18-9B).
(8) 
When an employee is absent from work because of illness for more than one day, his supervisor may require an employee to submit a certificate from the employee's physician or the Township physician relating to his illness. In the case of illness of a chronic or recurring nature causing an employee's repeated absence for periods of one day or less, his department director may require one medical certificate for every six-month period.
B. 
Death in immediate family. Each employee of the Township shall receive a leave of absence with pay for five consecutive days if there is a death in the employee's immediate family. "Immediate family" is defined as father, mother, stepfather, stepmother, wife or husband, the employee's children, stepchildren, grandchildren, brother, sister, grandparents, mother-in-law, father-in-law, brother-in-law and sister-in-law. "Five consecutive days off" is defined as five working days and shall not include nonworking days which fall within the five-day period immediately following the death. The working days which the employees take off in the event of such death shall not be charged against the employee's accrued sick leave.
C. 
Special leave.
(1) 
If an employee is unable to report to work due to a weather emergency or civil emergency, he may charge the time off to accrued vacation leave, personal leave or sick leave, provided that he properly notifies his supervisor of his inability to report to work.
(2) 
If an employee wishes to observe a religious or national holiday for which no regular holiday has been declared, he may charge the time off to accrued vacation, personal or sick leave, provided that he gives proper notification to his supervisor.
D. 
Leave of absence as result of injury in line of duty.
(1) 
If a full-time employee is injured in the line of duty, the Township Committee may, pursuant to N.J.S.A. 40A:9-7, pass a resolution giving the employee up to one year's leave of absence with pay. When such an action is taken, the employee shall not be charged any sick leave time for time lost due to such injury.
(2) 
Prior to the passage of the resolution referred to in Subsection D(1), the employee shall agree in writing to reimburse the Township to the extent of any temporary disability benefits under worker's compensation he may receive as a result of the injury.
(3) 
Prior to and as a condition of the Township Committee's grant of extended leave under this subsection, a Township-appointed physician must examine the employee and certify the injury or disability to the Township Committee.
E. 
Court leave and jury duty.
(1) 
Court leave. Court leave is the authorized absence, without charge to leave and without loss of compensation, of an employee from official duty for attending court in a nonofficial capacity as a witness on behalf of the government or for jury duty. The court may be a state, federal or municipal court.
(2) 
Appearance in court in connection with official Township business is considered normal duty time.
(3) 
Appearance in court for personal reasons shall be chargeable to vacation time or personal leave.
F. 
Requests for leave. A request for any type of leave shall be made on a form prescribed by the Township Committee. Such request, whenever possible, shall be made far enough in advance to permit approval and at the same time to permit coverage for the particular employment so that municipal service shall not suffer. In the case of sick leave, the employee shall notify his Township immediately if he is unable to report for work.
A. 
Hospitalization, medical surgical, major medical benefits insurance.
(1) 
The Township shall provide medical and surgical benefits under the New Jersey State Health Benefits Plan for all employees whose normal workweek is 20 hours or more.
(2) 
The insurance coverage provided for herein shall extend to the spouse of an eligible employee and to an eligible employee's dependent, unmarried children as may be provided for in the policy in effect.
(3) 
Retired employees are entitled to health benefits in accordance with § 18-4C(2).
(4) 
All employees upon retirement or separation shall be covered by all benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended.
B. 
Dental plan, prescription. The Township shall provide a dental plan and prescription plan for all employees whose normal workweek is 20 hours or more. If available, the deferred compensation plan and disability insurance plan are voluntary.
C. 
Educational incentive pay for employees. The Township will pay incentive pay to all employees for courses taken in accordance with the following policy.
(1) 
The employee must have been employed by Hampton Township for a minimum of 18 months, and there must be no letter of resignation on file.
(2) 
Only courses which are job-related and which will further develop the employee's career with the Township will be eligible for reimbursement.
(3) 
The courses must be approved by the Township Committee prior to attendance.
A. 
Policy. It shall be the policy of the Township to appoint all employees, either classified or unclassified, without regard to political considerations. For the purposes of this section, "Township employees" are defined to include full-time, temporary probationary, seasonal or part-time personnel receiving an annual or hourly reimbursement for their services from the Township.
B. 
Certain political activities prohibited.
(1) 
Township employees shall not engage in any political activities during working hours or on Township property.
(2) 
Township employees shall not make financial contributions for the purpose of supporting the nomination or the election of any person to public office or party position within the Township. No person holding a position of authority over an employee shall directly or indirectly invite, demand or accept payment or contribution from Township employees for campaign purposes.
(3) 
Township employees whose principal employment is in connection with any activity financed in whole or in part by loans or grants made by the United States or by any federal agency may also be subject to the restrictions of the Federal Hatch Act. The Hatch Act restrictions shall apply only to political activity which is partisan.
C. 
Rights preserved. Nothing in this section shall be construed to prevent Township employees from becoming or continuing to be members of any political party, club or organization, provided that they do not serve as officers of such party, club or organization; attending political meetings; expressing their views on political matters outside of working hours and off Township property; circulating petitions on public questions; or voting with complete freedom in any election.
A. 
Conflicts of interest prohibited. No officer or employee elected or appointed in the Township shall be interested, directly or indirectly, in any contract with the Township or in the compensation for work done or for materials or supplies furnished to the Township or to any contractor or other person furnishing the same to the Township, nor shall he participate in any profits of such contractor or other person or receive any compensation, commission, gift or other reward for his services except the fee or compensation prescribed pursuant to law.
B. 
Violations. Any officer or employee who violates any provision of this section or of any statute or ordinance relating to conflict of interest shall be deemed guilty of misconduct in office and liable to removal from office therefor. Any officer or employee who knowingly permits any provision of this section to be violated by any of his subordinates shall also be guilty of misconduct in office and liable to removal therefor.
In order to maintain a healthy work environment and to provide procedures for reporting, investigating and resolution of complaints of harassment, sexual and otherwise, the Township Committee has adopted a policy concerning allegations of harassment and established appropriate reporting procedures. A copy of said policy is available to all employees from the Township Clerk/Administrator's office.
[Added 8-30-1994[1]]
All resulting lists of eligibles, as advertised for in the Civil Service job opportunities bulletin on a monthly basis shall rank residents of the Township of Hampton first, residents of the County of Sussex second, residents of counties contiguous to the County of Sussex third, residents of the State of New Jersey fourth and residents of the United States fifth.
[1]
Editor's Note: This ordinance also provided that it shall not apply to officers and employees presently employed at the time of adoption of the ordinance.