Borough of Garwood, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Garwood 12-5-2006 by Ord. No. 06-24; amended in its entirety 4-11-2019 by Ord. No. 19-03. Subsequent amendments noted where applicable.]
A. 
The subject of this section is general employment practices.
B. 
Statement of policy:
(1) 
The Mayor and Council must formally effect the creation of any new position by ordinance and authorize the filling thereof prior to the employment or engagement of a person to serve in any such position.
(2) 
The application for employment form, to be obtained at the office of the Borough Administrator/Clerk, shall be completed by all persons seeking employment.
(3) 
The Borough Administrator/Clerk will administer and coordinate the hiring process for certain positions vacancies to ensure compliance with contractual, legal and equal opportunity requirements.
(4) 
The Police Department is responsible for the testing and certification of police officers.
(5) 
Except when statutory requirements direct otherwise, all new employees shall be considered to be on probation for a period of one year, during which time they may be dismissed without recourse.
(6) 
The Borough Administer/Clerk or other employee so designated will, for each employee, establish and maintain a personal history file and maintain a complete and accurate record of the attendance, vacations, sick leave, overtime, and other pertinent information.
A. 
The subject of this section is vacation leave.
B. 
Statement of policy:
(1) 
Employees hired on or after January 1, 1998, and June 1, 2019.
(a) 
All non-bargaining-unit full-time employees, excluding civilian police dispatchers, hired after January 1, 1998, shall accrue vacation time on the basis of the following schedule:
Calendar Year of Employment
Vacation Days Earned
1st year hired prior to 6/30
6 days 1st year
1st year hired after 7/1 and prior to 11/1
3 days 1st year
1st year hired after 11/1
1 day 1st year
2nd through 5th year
10 days per year
6th through 10th year
15 days per year
11th through 15th year
18 days per year
16th through 20th year
20 days per year
21st and over
25 days per year
(b) 
All non-bargaining-unit full-time employees, excluding civilian police dispatchers, hired on or after June 1, 2019, shall accrue vacation time on the basis of the following schedule:
Calendar Year of Employment
Vacation Days Earned
1st year hired prior to 6/30
3 days 1st year
1st year hired after 7/1 and prior to 11/1
0 days 1st year
1st year hired after 11/1
0 days 1st year
2nd through 5th year
5 days per year
6th through 10th year
10 days per year
11th through 15th year
13 days per year
16th through 20th year
15 days per year
21st and over
20 days per year
(2) 
All non-bargaining-unit full-time employees, excluding civilian police dispatchers, hired prior to January 1, 1998, shall accrue vacation time on the basis of the following schedule:
Calendar Year of Employment
Vacation Days Earned
1st year
5 days 1st year
2nd through 5th year
10 days per year
6th through 10th year
15 days per year
11th through 15th year
18 days per year
16th through 20th year
20 days per year
21st through 25th year
25 days per year
25th and over
30 days per year
(3) 
Full-time civilian dispatchers.
(a) 
Full-time civilian police dispatchers prior to June 1, 2019, shall accrue vacation time on the basis of the following schedule:
Calendar Year of Employment
Vacation Hours Earned
1st year
10 hours for each full month of employment, not to exceed 40 hours in 1st year
2nd through 5th year
80 hours per year
6th through 10th year
120 hours per year
11th through 15th year
144 hours per year
16th through 20th year
160 hours per year
21st through 25th year
200 hours per year
25th and over
240 hours per year
(b) 
Full-time civilian police dispatchers hired on or after June 1, 2019, shall accrue vacation time on the basis of the following schedule:
Calendar Year of Employment
Vacation Days Earned
1st year hired prior to 6/30
3 days 1st year
1st year hired after 7/1 and prior to 11/1
0 days 1st year
1st year hired after 11/1
0 days 1st year
2nd through 5th year
5 days per year
6th through 10th year
10 days per year
11th through 15th year
13 days per year
16th through 20th year
15 days per year
21st and over
20 days per year
(4) 
Regular part-time employees.
(a) 
Each regular part-time employee hired prior to June 1, 2019, and who works at least 20 hours per week during normal business hours, generally in the office of the Borough Administrator/Clerk or Municipal Court, shall accrue vacation time on the basis of the following schedule:
Calendar Year of Employment
Vacation Days Earned
1st year hired prior to 6/30
3 days 1st year
1st year hired after 7/1 and prior to 11/1
1 day 1st year
1st year hired after 11/1
0 days 1st year
2nd year
5 days per year
3rd through 5th year
10 days per year
6th and over
15 days per year
(b) 
Each regular part-time employee hired on or after June 1, 2019, who works at least 20 hours per week during normal business hours, generally in the office of the Borough Administrator/Clerk or Municipal Court, shall accrue vacation time on the basis of the following schedule:
Calendar Year of Employment
Vacation Days Earned
1st year hired prior to 6/30
3 days 1st year
1st year hired after 7/1 and prior to 11/1
0 days 1st year
1st year hired after 11/1
0 days 1st year
2nd through 5th year
5 days per year
6th through 10th year
10 days per year
11th year and thereafter
13 days per year
(5) 
One vacation day is equivalent to one working day in each full-time or part-time employee's position, except police dispatchers that are calculated in hours.
(6) 
An employee becomes eligible for the increased vacation leave benefit in the calendar year in which the anniversary of completing the indicated equivalent years of total full-time or part-time service occurs. In the calendar year in which the employee becomes eligible for the increased vacation for the first time, the additional vacation can only be taken after the anniversary date of employment.
(7) 
Employees hired after October 1 of any year (year one) are eligible to carry over unused vacation days earned in year one to year two. Prior approval from the Borough Administrator/Clerk is required.
(8) 
Vacation time must be used in the calendar year earned. Any remaining time at the close of the year will be automatically forfeited, unless permitted to be carried over by Borough Administrator/Clerk.
(9) 
In the event vacations are not taken by December 31, the Borough Clerk, Administrator, Chief of Police, and Assistant Administrator shall be paid for the remaining days at the employee's per diem rate, up to a maximum of nine days, for the unused vacation days.
(10) 
No vacation time may be taken during the first three months immediately following appointment or employment.
(11) 
All vacations are subject to the approval of the appropriate department head and the Borough Administrator/Clerk and will be scheduled so as not to unreasonably interfere with the operation of the department to which the employee is assigned.
(12) 
An employee who has resigned or who has otherwise separated from employment in good standing shall be entitled to the vacation allowance prorated on the basis of the number of months worked in the calendar year in which the separation becomes effective.
(13) 
If an employee leaves the employ of the municipality before the end of the calendar year, having already taken the vacation allowance for the year, he or she will be charged with the unearned part of such vacation, which will be deducted from that employee's final paycheck.
(14) 
School crossing guards or alternate school crossing guards are not entitled to paid vacation leave.
(15) 
Other part-time, temporary, seasonal or employees employed full time in another municipality or employees who work less than 20 hours per week shall not earn vacation nor be entitled to vacation upon separation.
A. 
The subject of this section is sick leave.
B. 
Statement of policy. All regular full-time employees shall be entitled to sick leave with pay as follows:
(1) 
Permanent full-time employees.
(a) 
In the first calendar year of employment, permanent full-time employees except civilian police dispatchers hired prior to June 1, 2019, shall be entitled to one day of sick leave for each month calculated from the first full month of permanent employment, not to exceed 10 days. Thereafter, employees shall be entitled to 15 days' sick leave each year. Sick time shall be prorated during the last year of employment.
(b) 
Employees hired on or after June 1, 2019, shall be afforded a maximum of 10 days' sick leave each year. Sick time shall be prorated during the last year of employment.
(2) 
Permanent full-time civilian police dispatchers.
(a) 
In the first calendar year of employment, permanent full-time civilian police dispatchers shall be entitled to 10 hours of sick leave for each month calculated from the first full month of permanent employment, not to exceed 100 hours. Thereafter, civilian police dispatchers shall be entitled to 100 hours' sick leave each year. Sick time shall be prorated during the last year of employment.
(b) 
Permanent full-time civilian police dispatchers hired on or after June 1, 2019, shall be afforded a maximum of seven days' sick leave each year. Sick time shall be prorated during the last year of employment.
(3) 
Sick leave benefits shall apply to bona fide cases of sickness, accidents, and doctor or dental appointments.
(4) 
An employee who does not expect to report for work on any working day because of personal illness or other legitimate reason must notify the appropriate office by telephone and/or text or otherwise within one hour before the beginning hour of his or her workday.
(5) 
An employee who is on sick leave for a period of three days or longer must supply a certified written statement from the employee's attending physician.
(6) 
No employee while on sick leave shall be otherwise employed or engaged in any outside work or employment whatsoever.
(7) 
Any unused sick leave in any calendar year shall accumulate to the employee's credit and may be banked from year to year to be used if and when needed.
(8) 
A permanent full-time noncontractual employee, including civilian police dispatchers, may sell back to the Borough at the end of each year any unused sick days at 50% of the value of the unused sick days, in lieu of banking days. Pursuant to N.J.S.A. 40A:9-10.4, no sick time buy back for employees hired on or after May 21, 2010.
(9) 
An employee who has resigned or who has otherwise been separated from employment shall not be entitled to banked sick time and is entitled to sick leave allowance prorated on the basis of the number of months worked in the calendar year in which the separation becomes effective. If an employee has used more time than allowed up to separation, the excess sick leave taken shall be adjusted and repaid to the Borough. Pursuant to N.J.S.A. 40A:9-10.4, no sick time allowance for employees hired on or after May 21, 2010.
(10) 
Sick leave may be utilized by employees to care for members of their immediate family household who may be requiring such attention in accordance with the Family and Medical Leave Act.[1]
[1]
Editor's Note: See 29 U.S.C. § 2601 et seq.
C. 
Statement of policy: All regular part-time employees who work at least 20 hours per week during normal business hours, generally in the office of the Borough Administrator/Clerk or Municipal Court, shall be entitled to sick leave with pay as follows:
(1) 
In the first calendar year of employment, permanent regular part-time employees shall be entitled to one day of sick leave for each month, calculated from the first full month of permanent employment, not to exceed three days. Thereafter, employees shall be entitled to five days' sick leave each year.
(2) 
Sick leave benefits shall apply to bona fide cases of sickness, accidents, and doctor or dental appointments.
(3) 
An employee who does not expect to report for work on any working day because of personal illness or other legitimate reason must notify the appropriate office by telephone or otherwise within one hour before the beginning hour of his or her workday.
(4) 
An employee who is on sick leave for a period of three days or longer must supply a certified written statement from the employee's attending physician.
(5) 
No employee while on sick leave shall be otherwise employed or engaged in any outside work or employment whatsoever.
(6) 
Any unused sick leave in any calendar year shall accumulate to the employee's credit and may be banked from year to year to be used if and when needed.
(7) 
A permanent regular part-time noncontractual employee may sell back to the Borough at the end of each year any unused sick days at 50% of the value of the unused sick days, in lieu of banking days. Pursuant to N.J.S.A. 40A:9-10.4, no sick time buy back for employees hired on or after May 21, 2010.
(8) 
An employee who has resigned or who has otherwise been separated from employment shall not be entitled to any unused sick time or banked sick time.
(9) 
Sick leave may be utilized by employees to care for members of their immediate family household who may be requiring such attention in accordance with the Family and Medical Leave Act.
(10) 
Other part-time, temporary, seasonal or employees employed full-time in another municipality or employees who work less than 20 hours per week shall accrue one hour of sick leave for every 30 hours worked up to a maximum of 40 hours of earned sick leave. A maximum of 40 hours of unused sick leave shall be carried forward from one benefit year to the next. However, any such employee shall not be entitled to payment for unused sick leave upon separation.
D. 
School crossing guards are entitled to six sick days annually, calculated from the time of permanent appointment. Alternate school crossing guards shall accrue one hour of sick leave for every 30 hours worked up to a maximum of 40 hours of earned sick leave. School crossing guards shall be permitted to carry forward a maximum of 40 hours of earned sick leave from one benefit year to the next. School crossing guards that have resigned or otherwise been separated from employment shall not be entitled to payment for any unused sick time.
The Borough of Garwood provides disability insurance for permanent full-time employees. In order to be eligible to receive benefits, employees must fully comply with Borough procedures respecting disability and employees must have been employed by the Borough of Garwood for a minimum of six months. Employees must utilize sick days or banked sick days in order to receive pay while out of work due to sickness or disability. Additionally:
A. 
No employee while on short-term disability leave shall be otherwise employed or engaged in any outside work or employment whatsoever.
B. 
No benefits are provided beyond 26 weeks.
C. 
Regular part-time, other part-time employees are not eligible for short-term disability. Temporary, seasonal or employees employed full-time in another municipality or employees who work less than 20 hours per week are not entitled to short-term disability benefits.
D. 
Borough Administrator/Clerk, Assistant Administrator, and Chief shall be entitled to the following concerning disability:
(1) 
Short-term disability bank.
(a) 
After two years of service, each employee shall receive one lifetime short-term disability bank (STDB) of six months' disability pay, which STDB shall be available to the employee after 30 calendar days of non-work-related sickness or disability ("the waiting period"). The STDB shall not be construed as "sick leave" or as "worker's compensation." During the thirty-day waiting period, the employee may utilize sick days if available. The employee shall receive full pay for so long as the sickness or disability continues and for so long as the employee has remaining time in the STDB. The Borough may, at the Borough's option, insure part or all of the Borough's obligation under this subsection through insurance. If insurance applies, the employee shall promptly turn over to the Borough any insurance payments received. In the event of double payments of Medicare premiums or any other impositions, the employee shall refund same to the Borough. The determination of the Borough's disability insurer, if there is one, shall be binding on the employee as to the employee's continued eligibility for disability payments and for utilization of the STDB. The employee shall cooperate fully with the disability carrier, if applicable. Failure to cooperate shall result in cessation of payment through the STDB.
(b) 
An employee who utilizes part of the STDB shall retain the remainder for future use. An employee who utilizes the entire STDB, whether as one or several instances of sickness or disability extending beyond the thirty-day waiting period for each occurrence, shall have no further benefits under this provision and the Borough shall have no further obligation to the employee for sickness or disability, provided that the employee may utilize accumulated sick leave or other accumulated paid time off, if available, for any period of sickness or disability.
(c) 
Whenever any absence of eight calendar days or more is anticipated, the employee shall provide a physician's certificate as to the nature of the sickness or disability and the anticipated duration thereof. The Borough may require a new certification every three weeks. The employee shall also provide such certifications or forms as the Borough or its insurer may require. The Borough reserves the right at any time to have a physical examination by a physician of its choice at the Borough's expense. If an employee has never utilized any portion whatsoever of the employee's STDB and is entitled to terminal leave in accordance with this policy, he or she shall also be entitled to receive one additional month of terminal leave.
A. 
The subject of this section is bereavement leave.
B. 
Statement of policy:
(1) 
Represented employees receive bereavement leave in accordance with the provisions of their applicable collective bargaining agreement.
(2) 
A regular full-time or regular part-time employee who has a member of his/her immediate family taken by death will be granted leave with pay during the period of 15 days from the date of death not exceeding four working days.
(3) 
"Immediate family" shall be defined as spouse, mother, father, mother-in-law, father-in-law, children, stepchildren, sister, brother, daughter-in-law, son-in-law, grandparents and grandchildren.
(4) 
Day leave is permitted on the day of the burial for uncle, aunt, nephew, niece, brother-in-law, sister-in-law, stepparents, or grandparents of their spouse.
(5) 
Part-time, temporary, seasonal or employees employed full-time in another municipality or employees who work less than 20 hours per week are not entitled to bereavement leave.
A. 
The subject of this section is jury or court leave.
B. 
Statement of policy:
(1) 
The Borough of Garwood encourages the participation of its employees in civic affairs. Accordingly, if any employee is legally selected for jury duty, every effort shall be made to enable such employee to serve as a juror. Upon serving jury duty, employees are required to provide the Borough Administrator/Clerk a receipt of attendance from jury duty.
(2) 
Employees are to return to work after jury duty, although no more than the regularly scheduled number of hours for both jury duty and work shall be required. If excused as a juror on any given day, the employee is expected to contact his/her supervisor and to report to work as instructed.
(3) 
Employees are required to provide to their department head, upon receipt, any document advising them of obligations for jury duty service.
(4) 
Regular full-time and regular part-time employees shall be paid by the Borough for time away from work while serving jury duty.
(5) 
Employees who appear in court as the plaintiff, defendant or witness in any action not related to their official duties shall not be paid for time away from work unless that time is accrued vacation or personal leave.
(6) 
Part-time, temporary, seasonal or employees employed full-time in another municipality or employees who work less than 20 hours per week are not entitled to paid leave for jury or court duty.
Employees shall be afforded military leave in accordance with the law.
A. 
The subject of this section is leave of absence without pay.
B. 
Statement of policy: Leave of absence without pay may be granted by the Administrator for a period not exceeding six months to any employee:
(1) 
Who is temporarily or physically incapacitated or unable to perform his or her duties.
(2) 
To attend an approved school or to engage in an approved course of study designed to increase his or her usefulness on the return to service, provided that such school or course receives prior approval of the Administrator.
(3) 
In time of emergency or preparation for national defense, whose special qualifications are required in industry or other businesses devoted to the production of supplies for defense purposes, but only when the need for such services is certified by competent federal authority and approved by the Administrator.
C. 
Personal leaves are not granted for the purpose of seeking or accepting employment with another employer or for extended vacation time. Leave is granted with the understanding that the employee intends to return to work for the Borough. If the employee fails to return within five business days after the expiration of the leave, the employee shall be considered to have resigned. Any employee requesting leave of absence without pay shall submit such request, in writing, to the Administrator stating the reasons he or she desires such leave of absence, the date leave is to begin and the probable date of return to duty. Leave of absence without pay shall become effective only after approval by the Administrator. Any employee leaving his position without receiving written authorization from the Administrator will be deemed to have abandoned his position and to have resigned from the employment of the Borough of Garwood.
A. 
The subject of this section is compensatory time and overtime.
B. 
Statement of policy:
(1) 
Garwood Borough compensates full-time employees for overtime where required by federal law, by state law or by collective bargaining agreements. Where permitted by law, compensatory time shall be given in lieu of pay. Department heads shall make every effort to carefully plan required overtime with due regard to its impact on employees, the operational needs of the Borough and the service needs of clients, customers and residents. Unless otherwise required by the Fair Labor Standards Act[1] and the regulations promulgated thereunder or by other controlling law, overtime and compensatory time shall be subject to the following conditions:
(a) 
An employee will not work beyond the normal workday or workweek without official authorization.
(b) 
An employee must work beyond 40 hours in a standard work week before being eligible to earn compensatory time and/or overtime.
(c) 
An employee must work at least 15 minutes beyond the standard workday or workweek before credit can be received for compensatory time.
(d) 
An employee can only accumulate 40 hours of compensatory time. Once an employee has accumulated 40 hours of compensatory time, the employee can only be afforded overtime until the employee begins to exhaust their compensatory time.
(e) 
An employee should begin taking compensatory time earned within six months of earning same.
(f) 
Any compensatory time earned and not taken on or before December 31 may be carried over to following calendar year.
(g) 
All compensatory time taken must have prior official authorization.
(h) 
Earning compensatory time by working through a lunch period is discouraged.
(i) 
Overtime pay or compensatory time off shall not be paid or given unless required by law.
[1]
Editor's Note: See 29 U.S.C. § 201 et seq.
(2) 
The following exempt employees shall receive additional days off in lieu of compensatory time:
(a) 
Chief of Police, Borough Administrator/Clerk, Assistant Administrator and Superintendent of Public Works shall receive an additional six paid working days off annually and shall be earned as follows: one day for January and February; one day for March and April; one day for May and June; one day for July and August; one day for September and October; one day for November and December.
(b) 
Municipal Court Administrator shall receive an additional three paid working days off annually and shall be earned as follows: one day for January to April; one day for May to August; one day for September to December.
C. 
Department heads are accountable and responsible for authorizing, controlling, managing and verifying the accumulation, earning, and use of compensatory time and submitting monthly reports to the Borough Administrator/Clerk or designee on the prescribed form.
Statement of policy:
A. 
Eligible employees shall be afforded health benefits in accordance with the New Jersey State Health Benefits Program. Employees shall be required to contribute to his/her health benefits in accordance with the Tier IV rates set forth in Chapter 78. P.L. 2011. Employees working less than 30 hours per week and all elected and appointed Borough officials, including but not limited to those elected or appointed prior to May 21, 2010, shall not be eligible for benefits as provided in this section, specifically including, but not limited to, hospital, medical, dental and major medical insurance benefits, and any other benefits not afforded to employees other than full-time employees as set forth in this chapter as made and provided from time to time.
B. 
The Borough shall provide a dental plan through the State Health Benefits Dental Plan. The Borough will pay 100% of the cost for a dental DPO for employee and dependents. If the employee wishes to participate in the DEP dental plan, the employee will pay 50% of the premium cost through payroll deduction.
C. 
An employee who has resigned or who has otherwise been separated from his/her employment will no longer be covered under the Borough health and dental policy in accordance with the New Jersey State Health Benefits Plan. Employees will be advised, in writing, of their COBRA benefits in accordance with law.
A. 
The subject of this section is other insurance.
B. 
Statement of policy:
(1) 
Life insurance is provided through P.E.R.S. and P.F.R.S. according to regulations from the State of New Jersey, Division of Pensions and Benefits.
(2) 
The Borough offers group term life insurance for active full-time employees who work at least 30 hours per week according to Class 1, Class 2, and Class 3.
(3) 
The Borough shall provide liability insurance, worker's compensation insurance for all employees and bond insurance for various employees.
A. 
The subject of this section is retirement.
B. 
Statement of policy:
(1) 
Subsections B(1) through B(6) apply to regular full-time employees and regular part-time employees.
(2) 
Upon retirement, the employee shall be entitled to one calendar month of terminal leave, at the retiring annual rate, provided said employee is eligible for regular retirement under the Public Employees Retirement System or the Police and Firemen's Retirement System (exclusive of disability retirement). No terminal leave for employees hired on or after June 1, 2019.
(3) 
Upon regular retirement, the Borough shall compensate the employee in the amount equal to the employee's regular rate at the time of retirement for 50% of all accumulated and unused sick time, provided said employee is eligible for regular retirement under the Public Employees Retirement System or the Police and Firemen's Retirement System (exclusive of disability retirement). Employees hired on or after June 1, 2019, and retire under the Public Employees Retirement System or the Police and Firemen's Retirements System shall be compensated in the amount equal to the employee's regular rate at the time of retirement for 50% of all accumulated and unused sick time, with a maximum payout not to exceed $7,500.
(4) 
Any employee eligible to retire in a calendar year shall notify the Borough Clerk/Administrator, in writing, of his or her intention to retire at least 60 days prior to the planned retirement date.
(5) 
The Borough shall pay the employee at the employee's regular rate at the time of retirement 100% of all vacation and personal leave that is accrued, and all vacation and personal leave is prorated during the last year of employment, provided said employee is eligible for regular retirement under the Public Employees Retirement System or the Police and Firemen's Retirement System (exclusive of disability retirement).
(6) 
Other part-time, temporary, seasonal or employees employed full time in another municipality or employees who work less than 20 hours per week are not entitled to retirement benefits.
C. 
Extended health and dental benefits for retirees. The Borough of Garwood will provide State Health Benefits, including major medical and dental coverage, including survivor coverage, nonunion regular full-time employees and members of those unions who have successfully negotiated this benefit for employees who take a P.E.R.S. or P.F.R.S. retirement after 25 or more years of membership in the New Jersey Pension System in accordance with the provisions of Resolution No. 3108 and Resolution No. 07-210, adopted by the Mayor and Council of the Borough of Garwood on December 9, 1975, and May 22, 2007, respectively. Retirees who retiree from the Borough and who did not have 20 years of pensionable service credit on or before June 28, 2011, shall be required to contribute to his/her retiree health benefits in accordance with the Tier IV rates set forth in Chapter 78, P.L. 2011. Regular part-time, part-time, temporary, seasonal or employees employed full time in another municipality or employees who work less than 20 hours per week are not entitled to extended health benefits upon retirement. Employees hired on or after May 1, 2018, shall not be afforded retiree health benefits.
Statement of policy:
A. 
Suspension is the temporary removal of an employee from the Borough service. A suspended employee shall not receive pay, nor shall he be permitted to use or accrue any privileges or benefits during the suspension period.
B. 
Any employee may be suspended without pay for reasons of misconduct, negligence, inefficiency, disloyalty, insubordination, repeated unauthorized absence or other offenses.
C. 
Suspension procedure. The Borough Administrator/Clerk or department head, including the person acting as such in the case of absence or vacancy, may recommend to the Mayor and Council the suspension of an employee in the department of which he is head for such period as he may deem appropriate and for such cause as he may deem sufficient. The Borough Administrator/Clerk may temporarily suspend an employee, without pay, pending a meeting of the Mayor and Council. An employee who is charged with a criminal offense or who has been recommended for dismissal may be recommended for suspension on said basis. Any person recommended for suspension under the foregoing provisions shall be given written notice of such recommendation for suspension, which notice shall state the reason for such recommendation for suspension and shall advise such employee of his right to be present at any hearings or proceedings before the Mayor and Council. The employee recommended for suspension, if he is a permanent employee, shall have the right to appear and to be represented by counsel. The Mayor and Council shall accept, reject or modify such recommendation or order suspension for such period as it may deem advisable.
Statement of policy:
A. 
All discharges will be in accordance with law as well as applicable collective bargaining agreements. The procedure set forth in this section shall apply to all officers of the Borough and to all permanent full-time or part-time employees. However, the Borough Administrator is authorized to terminate temporary, seasonal, probationary, full-time and part-time nonunion, nonstatutory employees without the consent and/or decision of the Mayor and Council.
B. 
A department head, including the person acting as such in the case of absence or vacancy, may recommend to the Mayor and Council that an employee be dismissed when such action is deemed by said department head to be in the best interest of the Borough. Such dismissal recommendation shall be in writing and shall state the reasons therefor. The Mayor and Council will ensure that the employee concerned has been accorded the right to appear and to be represented by counsel in all proceedings.
C. 
An employee who is recommended for dismissal under the provisions contained herein shall be given written notice of such recommendation, which notice shall state the reason for such recommendation and shall advise the employee of his right to appear and to be represented by counsel in any hearing or proceedings before the Mayor and Council. A copy of such notice shall be transmitted at the same time to the Mayor and Council.
D. 
A permanent employee may tender his resignation prior to the hearing before the Mayor and Council, in which event the dismissal shall become final after such resignation shall be accepted by the Mayor and Council.
E. 
The Mayor and Council, after reviewing the recommendations of the department head in a dismissal case and conducting such further investigation and hearings as it may deem necessary, shall render a decision thereon within a reasonable period of time. The decision of the Mayor and Council in all dismissal cases shall be final.
Statement of policy:
A. 
An employee who intends to resign must notify the Borough Clerk/Administrator, in writing, at least two weeks in advance. After giving notice of resignation, employees are expected to assist their supervisor and coworkers by providing information concerning their current projects and help in the training of a replacement. No vacation time will be afforded during the two-week period.
B. 
Employees must return all keys and equipment prior to their last day of employment.
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:
A. 
Borough Administrator.
B. 
(Reserved)
C. 
Borough Attorney.
D. 
Borough Engineer.
E. 
Municipal Prosecutor.
F. 
Municipal Court Judge.
Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S.A. 43:15C-2:
A. 
Tax Collector.
B. 
Chief Financial Officer.
C. 
Tax Assessor.
D. 
Municipal Planner.
E. 
Registered Municipal Clerk.
F. 
Principal Public Works Manager.
G. 
Municipal Court Administrator.