[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
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Martin Luther King Day
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Lincoln's Birthday
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Washington's Birthday
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Good Friday
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Memorial Day
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Independence Day
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Labor Day
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Columbus Day
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General Election Day
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Veterans Day
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Thanksgiving Day
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Day after Thanksgiving
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Day of Christmas Eve
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Christmas Day
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Employee's birthday
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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
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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%
|
[Added by Ord. No. 87-18]
Three personal days with pay will be granted
to all employees.
A.
Sick leave.
(1)
SICK LEAVE
As used in this subsection, the following terms shall
have the meanings indicated:
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:
(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:
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.
