[Adopted 12-15-1970 as Ch. V of the 1970 Revised Ordinances, as amended through 3-5-1974]
A. 
General policies.
(1) 
All Borough employees shall satisfactorily perform in keeping with their job classifications and limitations. All work assignments shall be given by oral or written instructions of appropriate department heads and/or the Mayor and Council.
(2) 
All employees shall work the hours assigned to them by department heads and/or the Mayor and Council in accordance with civil service laws.
(3) 
Failure or refusal to perform work satisfactorily will result in suspension, loss of pay or dismissal in accordance with New Jersey civil service laws and procedures.
(4) 
Employees shall be processed through Council action, with notification made to the Civil Service Commission. No employee shall be hired, transferred, promoted, demoted or laid off except in accordance with Council action and consistent with state law.
B. 
Civil service. The New Jersey State Civil Service Law and the Civil Service Rules of the State of New Jersey[1] applicable to municipalities provide the basic framework for employment in the Borough government. This Article 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. To the extent that this Article may in any respect provide minimum standards which are less than those embodied in the Civil Service Rules of the State of New Jersey, the latter rules shall be deemed applicable; however, to the extent that the provisions of this Article contain benefits or provisions which are in excess of the minimum requirements of the Civil Service Rules of the State of New Jersey, the provisions of this Article shall be deemed to be controlling.
[1]
Editor's Note: See N.J.S.A. 11:9-2.1 et seq. and 11A:1-1 et seq.
[Amended 7-2-1981 by Ord. No. 81-27]
All employees, officers and department heads shall be appointed and promoted by the Council, except as otherwise provided by general law.
[Added 2-18-1975 by Ord. No. 75-4]
A. 
No person shall be employed or hired by the Borough of Carteret, either as a permanent, temporary, provisional or probationary employee, or in the classified or unclassified municipal service, who shall not have first prior thereto executed and filed with the Borough Clerk at the Borough Hall, Carteret, New Jersey, for consideration by the Borough Council a duly executed and signed written application for such employment, upon a form supplied by the Borough Clerk, requiring relevant data to be submitted by the applicant therein for its consideration by the Mayor and Borough Council.
B. 
In accordance with the provisions of N.J.S.A. 52:17B-68 and 52:17B-69 and notwithstanding the civil service provisions of N.J.S.A. 11A:4-15, no person shall be given or accept a permanent appointment as a police officer or member of the Police Department of the Borough of Carteret unless such person has successfully completed a police training course at a school approved and authorized by the Police Training Commission of the State Department or temporary appointment as a police officer may be made for a total period not exceeding one year for the purpose of enabling a person seeking permanent appointment to take a police training course as prescribed in said Act, and no person shall be authorized to take a police training course unless he holds such probationary or temporary appointment, and such appointee shall be entitled to a leave of absence with pay during the required period of the police training course.
[Amended 4-19-1990 by Ord. No. 90-16]
Original appointments to fill vacancies or for new positions shall be limited to qualified persons who have been interviewed or tested concerning such factors as education, experience, aptitude, knowledge, character and physical and mental fitness.
[Amended 12-20-1977 by Ord. No. 77-41; 8-18-1994 by Ord. No. 94-35; 12-7-2000 by Ord. No. 00-53; 2-1-2001 by Ord. No. 01-2[1]]
Except and unless permitted or required by law, employees of the Borough of Carteret (the "Borough") shall reside within the Borough at the time they are appointed to their employment position and thereafter for a continuous period of five years from the date of said appointment.
[1]
Editor's Note: This ordinance was vetoed by the Mayor 2-13-2001, which veto was overridden 2-15-2001.
A. 
Form of application. Applicants for employment shall apply on forms provided by the Clerk and which have been designed to obtain pertinent information concerning the applicant's education, training, experience, character and other factors necessary to determine his fitness and qualification for service to the Borough. All applications shall be filed with the Clerk.
B. 
Processing. The Clerk shall process all applications for appointment to vacancies or new positions and report thereon to the Council. Where it appears that an applicant is otherwise qualified for employment, the Clerk shall require that the applicant furnish evidence that he is physically fit for the position for which he seeks employment.
C. 
Grounds for rejection of an applicant. An applicant for employment may be rejected where he:
(1) 
Is not qualified for appointment to the position for which he has applied.
(2) 
Is physically unfit to perform the duties of the position for which he has applied.
(3) 
Is addicted to the habitual or excessive use of drugs or intoxicants.
(4) 
Has been convicted of any crime or offense, including disorderly persons offenses involving moral turpitude.
(5) 
Has received other than an honorable discharge from the Armed Services of the United States.
(6) 
Has been dismissed from previous employment for delinquency, insubordination or misconduct.
(7) 
Has practiced or attempted to practice any deception or fraud in his application or in furnishing other evidence of eligibility for appointment.
(8) 
Is not within age limits that have been established for the position for which he seeks appointment.
[Amended 4-19-1990 by Ord. No. 90-16]
Except when otherwise provided by law, every person appointed to a new position shall be deemed to be on probation in the position to which he has been appointed for a period of three months, but such probation shall not affect permanent status of any other Borough employment that such person may have achieved. Prior to the completion of his probationary period, the employee or officer shall be evaluated by the Council to determine whether he shall be granted permanent status or dismissed. The Council may require reports and recommendations from immediate superiors and department heads for this purpose.
The Clerk shall initiate a personnel file for each new employee, and all records of such employee concerning qualification, permanent status, work history, accumulated vacation and sick leave, leave time and the like shall be maintained in such file. The Clerk shall make such files available for inspection by the employee on a reasonable basis.
The department head and/or Mayor and Council shall assign hours of work as follows:
A. 
Full-time salaried employees shall work as assigned, usually from 9:00 a.m. to 5:00 p.m., with one hour for lunch. Lunch hour shall be from 12:00 noon to 1:00 p.m.
[Amended 11-23-1976 by Ord. No. 76-35]
B. 
Full-time hourly employees shall work eight hours, Monday through Friday, as assigned, usually from 8:00 a.m. to 4:30 p.m., with 1/2 hour for lunch.
A. 
Due to the emergency nature of the work of the Police and Fire Departments, the provisions of this section shall not be applicable to members of the Police or Fire Departments, but such members may be granted compensatory time when required to work on holidays.
B. 
The following official holidays with pay shall be observed by the Borough:
New Year's Day
Martin Luther King Day
Lincoln's Birthday
Washington's Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
General Election Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Day of Christmas Eve
Christmas Day
Employee's birthday
C. 
If a holiday falls on a Sunday, it shall be observed on the following Monday, and if a holiday falls on a Saturday, it shall be observed on the preceding Friday.
D. 
In the event that an official holiday is observed during an employee's vacation, he shall be entitled to an additional vacation day, and should an official holiday occur while an employee is on sick leave, he shall not have that holiday charged against his sick leave.
A. 
The following vacation schedule shall apply to all employees except policemen and firemen:
Years of Service
Amount of Vacation Leave
1 to 4
12 working days' vacation during each year of service
5 to 9
15 working days' vacation during each year of service
10 to 14
20 working days' vacation during each year of service
15 to 19
25 working days' vacation during each year of service
20 and over
30 working days' vacation during each year of service
B. 
All vacations shall be taken during the current year, and vacation time shall not be accumulated, except that vacation accumulation may be permitted for one year when the accumulation results because of Borough business. Insofar as possible, vacations shall be scheduled between July 1 and December 31.
[Added by Ord. No. 87-18]
Longevity shall be on the following basis:
Years of Service
Percent Longevity
5 to 9
2%
10 to 14
4%
15 to 19
6%
20 to 24
10%
25 and over
12%
A. 
Sick leave.
(1) 
As used in this subsection, the following terms shall have the meanings indicated:
SICK LEAVE
Paid leave that may be granted to an employee who, through sickness or injury, becomes incapacitated to a degree that makes it impossible for him to perform the duties of his position, or who is quarantined by a physician because he has been exposed to a contagious disease. Part-time and full-time temporary employees are not eligible for "sick leave."
(2) 
For an absence of three days or less, each employee, upon return to work, shall prepare, sign and submit to his department head a form prescribed by the Council giving the reason for absence.
(3) 
For an absence of three days or more, an employee shall submit the following appropriate form to his department head:
(a) 
A doctor's certificate.
(b) 
A Board of Health certificate if absence was caused by contagious illness in the family.
(c) 
Proof in the event of death in the family.
(d) 
A medical examination form, when requested by the Council.
(4) 
Accumulated sick leave may be used by an employee for personal illness, illness in his immediate family which requires his attendance upon the ill person, quarantine restrictions, pregnancy or disabling injuries. For the purpose of this subsection, "immediate family" means a spouse, child, parent or unmarried brother or sister or a relative dependent living under the same roof.
(5) 
In the first year of employment, an employee shall be entitled to one day's sick leave for each month of employment. Sick leave shall accumulate on the basis of one and one-fourth (11/4) days per month or 15 days per year. Sick leave may be accumulated from year to year.
(6) 
Any employee who does not follow the notification requirement shall forfeit full diem pay for each day of absence.
B. 
Leave of absence as a result of injury in line of duty.
(1) 
When an employee is injured in the line of duty, the Council shall pass a resolution pursuant to N.J.S.A. 40A:9-7 giving the employee up to one year's leave of absence with pay. When such action is taken, the employee shall not be charged any sick leave time for time lost due to such injury.
[Amended 4-19-1990 by Ord. No. 90-16]
(2) 
Prior to the passage of such resolution, a contract shall be executed between the employee and the Borough, setting forth that the employee shall reimburse the Borough for moneys he may receive as workmen's compensation, temporary benefits or from legal settlement or judgment against the person or persons responsible for the injury.
C. 
Leave because of death in immediate family. Leave with pay not exceeding four days shall be granted to an employee in the event of a death in his immediate family, and one day for the death of a relative. "Immediate family" shall include the employee's spouse, child, parent, brother or sister and the child, parent, brother or sister of his spouse.
D. 
Military leave.
(1) 
An employee with permanent status, and any employee having temporary status with one year or more of continuous service, who is required to undergo military field training or attendance at service schools for a period of two weeks or less during any fiscal year shall be granted a leave of absence with pay. Such leave shall be in addition to regular vacation time allowed the employee. In the event that the employee is required to remain for a period longer than two weeks, the employee shall receive the difference between his pay and his military pay for the remainder of such time, provided that the additional time is not in excess of one month during any year. For a period of time longer than one month, the employee shall be granted military leave without pay. Unused vacation leave shall be granted and may be used before military leave without pay becomes effective.
(2) 
Any employee with permanent status entering active military service with the Armed Forces of the United States shall be granted military leave under the following conditions:
(a) 
Military leave without pay for the period of service in the armed forces shall be provided.
(b) 
Earned and unused vacation leave may be used by the employee before military leave becomes effective.
(c) 
A member of the National Guard and Naval Militia shall receive the difference between his pay and military pay pursuant to N.J.S.A. 38A:4-4.
[Amended 4-19-1990 by Ord. No. 90-16]
(d) 
Reenlistment in active military service shall be considered as resignation from the employee's permanent position, unless reenlistment is required in accordance with federal law.
E. 
Maternity leave.
(1) 
Any employee who is pregnant shall notify the department head not later than six months before the expected birth of the child and submit a physician's certificate setting forth the date of birth. She may be required to undergo a medical examination by a doctor prescribed by the Council. Maternity leave without pay shall be granted for six months, which may be renewed for an additional six months. No further leave shall be granted unless approved by the Civil Service Commission. The Council may, for cause, terminate the leave prior to the original date of termination.
(2) 
Any employee who becomes pregnant during a leave of absence granted for a prior pregnancy shall apply for additional leave, which shall be approved by the Council and the Civil Service Commission and shall be for an additional period of one year.
(3) 
Should an employee absent on maternity leave develop any illness as a result of pregnancy and be unable to resume her position at the end of the leave, she may be granted an additional leave of absence not to exceed six months, but only upon recommendation of a doctor prescribed by the Council and approved by the Civil Service Commission.
F. 
Additional leaves of absence.
(1) 
Personal illness. Leave for personal illness may be granted by the Council for one-half (1/2) year, which shall be approved by the Council. The employee shall submit an application signed by a licensed physician. Such leave may be extended for an additional six months without pay after an examination by a physician and approval of the Council.
(2) 
Court order. A leave of absence may be granted when required by court order, but not if the employee is serving a jail sentence.
(3) 
Health examinations. Leave for health examination may be granted when required by state, county or Borough law.
(4) 
Borough improvement. The Mayor and Council may authorize a leave not to exceed one week for reasons relating to the improvement of the Borough.
(5) 
Personal business. Leave of absence for personal business may be granted by the Mayor and Council for a period of six months without pay. The leave may be renewed by the Mayor and Council for an additional period not to exceed six months, but no further renewal shall be granted except upon approval of the Civil Service Commission.
Employees shall not accept outside employment or engage in outside business activities without the prior approval of the Council. No application for permission to accept outside employment shall be granted unless there is reasonable probability that such outside employment will not interfere with the employee's performance or compromise his position with the Borough through a conflict of interest or if, in the case of a full-time employee of the Borough, such outside employment shall exceed 20 hours per week.
A. 
Disciplinary actions enumerated. An employee who has acquired permanent status may be disciplined in accordance with civil service regulations, general law and this Article by any of the following actions, which are stated in order of severity, for the causes stated in this section, by a department head or the Council, except that no employee shall be suspended or dismissed without the approval of the Council:
(1) 
Informal or verbal reproof.
(2) 
Written reproof.
(3) 
Suspension from duty in accordance with civil service rules and regulations.
(4) 
Dismissal in accordance with civil service rules and regulations.
B. 
Causes of disciplinary action.
(1) 
The causes for which disciplinary action may be invoked are the following:
(a) 
Neglect of duty.
(b) 
Absence without leave or failure to report after authorized leave has expired, or after such leave has been disapproved or revoked; provided, however, that any regular member or office of the Police Department who is absent from duty without just cause for a term of five days continuously and without leave of absence shall, at the expiration of such five days, cease to be a member of the Police Department as provided by N.J.S.A. 40A:14-122.
[Amended 4-19-1990 by Ord. No. 90-16]
(c) 
Incompetency or inefficiency or incapacity due to mental or physical disability.
(d) 
Insubordination or serious breach of discipline.
(e) 
Intoxication while on duty.
(f) 
Commission of a criminal act.
(g) 
Disobedience of a rule of regulation of the Borough.
(h) 
Conduct unbecoming a public employee.
(i) 
The use of or the attempt to use political influence upon any person in the service or engaging in any form of political activity during working hours.
(2) 
In removing any permanent employee, the dismissing authority shall give written notice to the employee on the prescribed forms, stating the reason for removal, the cause and the date upon which the removal is effective and any other information which he considers pertinent.
It is hereby declared to be the policy of the Borough to recognize and encourage meritorious actions on the part of its officers and employees. To this end, letters of commendation concerning Borough employees from their superiors and from members of the public with whom they deal shall be directed to the attention of the Council and then recorded in the employee's personnel file. In addition, the Council may, on its own motion, commend the work of particular officers and employees and cause such commendation to be inserted in their personnel files.
A. 
Every officer or employee of the Borough who, by virtue of his office or position, is entrusted with the receipt, custody or expenditure of public moneys or funds and any other officer or employee who may be required so to do by the Council shall, before entering upon the duties of his office or position, execute and deliver a surety bond in such amount as may be fixed by the Council, binding him to the Borough in its corporate name and conditioned upon the true and faithful performance of his duty. Each officer or employee required by law to give bond shall execute such bond with sufficient surety and deliver it to the Clerk, except that the Clerk shall deliver his bond to the Treasurer, before he enters upon the discharge of his duties of the office or employment.
B. 
If any officer or employee neglects to execute and deliver his bond within 30 days after due notification of his election or appointment, his office or position may be declared vacant.
C. 
When any person is required by the laws of the state or by any ordinance of the Borough to give a bond for the faithful performance of his duties, such bond shall be secured by a corporate surety authorized to do business in this state, and the premium therefor shall be paid by the Borough. Each such bond shall be approved by the Borough attorney as to form and sufficiency, and nothing in this section shall be construed to prevent the use of one or more blanket bonds when so approved.