City of Hackensack, NJ Personnel Policy and Procedures

Those employees having specialized or unique assignments established by law who are in the unclassified civil service are not eligible for additional consideration for work performed in excess of any established workweek.

This class of employees consists of the City Manager, Deputy City Manager, Chief Financial Officer, City Clerk, Tax Assessor and Tax Collector, as well as any employee serving in an acting capacity in these titles. These employees may accumulate and take compensatory time off for hours worked in excess of a normal workweek, provided that they can still accomplish their designated responsibilities. All such absences must be reported to the City Manager.

[Amended 1-25-2022 by Ord. No. 02-2022]

Management employees.

Those employees exercising overall executive and administrative responsibilities for the City and/or those having specialized assignments which are unique to the operation of the municipality are not eligible for additional consideration for work performed in excess of any established workweek.

This class of employees consists of the Superintendent of Public Works, Health Officer, Police Chief, Fire Chief, Personnel Director/Officer and Executive Assistant to the Manager, as well as any employee serving in an acting capacity in these titles. These employees may accumulate and take compensatory time off for hours worked in excess of a normal workweek, provided that they can still accomplish their designated responsibilities. As employees in this category are considered "exempt" under the federal Fair Labor Standards Act ("FLSA"), this compensatory time is not subject to the requirements of the FLSA, and its use remains subject to any further conditions that may be imposed by the City Manager. All such absences must be reported to and approved by the City Manager.

[Amended 1-25-2022 by Ord. No. 02-2022]

Supervisory employees/professional employees.

Those employees assigned to exercise management responsibilities in a specific agency, department or office of the City wherein they manage and direct other City employees and those employees who have specialized knowledge and perform varied and unique activities with discretion are eligible for compensatory time off or payment for all hours worked in excess of the normal duty hours, in the manner provided herein. Such employees shall not be eligible for overtime pay.

This class of employees consists of the Court Administrator, Construction Official, Zoning Officer, Purchasing Director, Deputy Fire Chief, Recreation Superintendent, and Cultural Arts Director, as well as any employees serving in an acting capacity in these titles. The normal duty hours of supervisory-professional employees shall include the established workweek and a reasonable amount of time before and after the normal office hours, when such time is needed to accommodate the established normal duties of the office. In addition, attendance at official meetings of the City Council and a board, court or committee directly related to an employee's job assignment shall be included in the normal workweek and shall not be recorded as extra duty hours. Extra duty hours shall consist of time in excess of the normal duty hours of the employee which shall be recognized as compensatory time on a one-to-one basis. Compensatory time due to the employee must be recorded weekly on forms provided by the City Manager. Failure to properly record such hours shall result in the forfeiture of these hours. Compensatory time may be taken by the employee if his work schedule permits and his supervisor approves. Accumulated compensatory time in excess of 30 hours shall be purchased by the city, or the City Manager shall require that the time be taken off in lieu of making the payment. All said payments shall be based upon the current hourly rate* of the employee on a one-to-one basis. [*NOTE: The hourly rate is calculated as the employees' weekly base plus longevity pay divided by the established workweek herein provided.] As employees in this category are considered "exempt" under the federal Fair Labor Standards Act ("FLSA"), this compensatory time is not subject to the requirements of the FLSA, and its use remains subject to any further conditions that may be imposed by the City Manager.

[Amended 1-25-2022 by Ord. No. 02-2022]

Foremen, technical, office and clerical employees.

All other noncontractual employees of the City not enumerated in Subsection A, B or C above who are directed to work in excess of their established workweek shall be compensated on the basis of 1 1/2 times their current hourly rate* for all excess hours worked per workweek. Time and a half shall be the maximum allowable premium rate of pay in all circumstances except for foremen assigned to the DPW/SAN Departments, who shall receive premium pay in accordance with the applicable DPW/SAN contract when required to work during emergency situations. [*NOTE: The hourly rate is calculated as the employees' weekly base plus longevity pay divided by the established workweek herein provided.]

All overtime must be approved by the department supervisor or City Manager prior to its incurrence, unless emergency circumstances prevent this from happening, and must be recorded weekly on forms provided by the City Manager. The employee may elect to take compensatory time off at a one-to-one-and-one-half basis in lieu of payment for this overtime; however, accumulated compensatory time off cannot exceed 30 overtime hours. Compensatory time may only be taken by the employee if his work schedule permits and his supervisor approves. Accumulated compensatory time in excess of 30 overtime hours shall be purchased by the City at the current hourly rate* of the employee, or the City Manager can require that the time be taken off in lieu of making the requested payment. [*NOTE: The hourly rate is calculated as the employees' weekly base plus longevity pay divided by the established workweek herein provided.] For employees in this category who are considered "nonexempt" under the federal Fair Labor Standards Act ("FLSA"), compensatory time shall be subject to any additional requirements of that law, and in the event of a conflict, the FLSA's requirements shall apply. For employees in this category who are considered "exempt" under the FLSA, this compensatory time is not subject to the requirements of the FLSA, and its use remains subject to any further conditions that may be imposed by the City Manager.

[Amended 1-25-2022 by Ord. No. 02-2022]

PART-TIME REGULAR EMPLOYEE

Employees who are assigned dual titles and/or responsibilities involving extra hours and who receive a stipend for such extra hours shall not be entitled to receive credit for such extra hours in the computation of overtime.

Workweek schedule. For all noncontractual employees, the following is an inventory of the established workweek for the various City functions. Procedurally, for the purposes of computing overtime, the workweek shall commence on Sunday and terminate at 12:00 midnight on the subsequent Saturday, and approved paid leaves of absence, except paid sick leave (unless otherwise authorized by a binding legal contract or agreement) shall be considered as days worked.

[Amended 1-25-2022 by Ord. No. 02-2022]

Department/Function	Established Workweek (hours)
Building, Housing and Land Use/administrative and clerical	35
Building, Housing and Land Use/inspectors	37 1/2
City Clerk	35
City Manager/clerical	35
Courts/violations	35
Financial/administration	35
Fire/administration	42
Fire/clerical	35
Health	35
Personnel	35
Police/administration	40
Police/clerical	35
Police/public parking system	40
Public works/administration	40
Public works/clerical	35
Public Works/supervisors and foremen	40
Recreation	35
Sanitation Superintendent and Inspectors	40
Tax Assessor	35
Tax Collector	35
Any department/function not specifically listed	40

§ 17-14 Definitions.

The following definitions shall apply to all personnel rules and regulations of the City of Hackensack. Additional definitions are established by civil service rules and regulations.

ELIGIBLE EMPLOYEE

Unless stated differently in a specific subsection, a full-time employee of the City of Hackensack and a part-time regular employee. Leave benefits provided to part-time regular employees shall be prorated in accordance with the ratio of the hours actually worked to the established workweek for the employee's department/function, unless the employee receives added compensation in lieu of these benefits.

FULL-TIME EMPLOYEE

An employee whose regular hours of duty are the regular and normal workweek for his job classification in his department, but must be at least 30 hours per workweek, and who receives all benefits provided herein.

IMMEDIATE FAMILY

Father, mother, spouse, child, foster child, sister, brother, mother-in-law, father-in-law, sister-in-law, brother-in-law, grandparents or grandchildren of the employee. It shall also include relatives of the employee residing in the employee's household.

NONCONTRACTUAL EMPLOYEE

An employee who is not a member of a recognized labor contract between the City of Hackensack and an employee union.

An employee whose hours of duty are less than those assigned to a full-time employee in his department but are at least 20 hours per week on a recurring basis, 52 weeks per year. Excluded from consideration in this classification are those employees who have a second job title with a salary recognizing a specific assignment and those employees who work for another agency but receive a salary for specialized duties performed for the city, including but not limited to the Municipal Judge, Municipal Attorney, etc.

PART-TIME TEMPORARY EMPLOYEE

An employee whose hours of duty are less than 20 hours per week or are not on a recurring basis, budgeted year round.

PERMANENT EMPLOYEE

An employee of the City of Hackensack who has acquired civil service permanent status in his/her job classification and satisfactory completion of the working test period.

PROBATIONARY EMPLOYEE

An employee of the City of Hackensack whose qualifications for appointment to a permanent position have been determined and who will acquire civil service permanent status in his/her job classification upon the satisfactory completion of a working test period which commences on the date of such probationary appointment.

PROVISIONAL EMPLOYEE

An employee of the City of Hackensack whose appointment to a permanent position is authorized pending civil service competitive examination, or the disposition of any employment list or reemployment list for his/her job classification, and the completion of the working test period.

RETIREE/RETIREMENT

An employee of the City of Hackensack whose application for retirement has been approved by the applicable state retirement system (public employees' retirement system or police and firemen's retirement system) and receives retirement income from the retirement system. "Deferred retirements," as defined by the applicable state retirement system, shall not be included in this definition.

SEASONAL EMPLOYEE

An employee of the City of Hackensack who is appointed to a temporary position for a period aggregating not more than six months in a twelve-month period.

TEMPORARY EMPLOYEE

An employee of the City of Hackensack who has been appointed to a temporary position which may be of a seasonal nature, the duration of which is not more than six months or for recurrent periods which do not total more than six months in any twelve-month period. Temporary positions established as a result of a short-term grant may be filled by temporary appointments for a maximum of 12 months. Emergency appointments cannot exceed 30 days.

UNCLASSIFIED EMPLOYEE

An officer or employee of the City of Hackensack who is appointed to a position which is provided by law but is not subject to the provisions of the Civil Service Law or Commission Rules.

§ 17-15 Leaves of absence with pay.

Eligible employees shall receive the following leaves of absence with pay subject to the notification and scheduling procedures established by the City Manager:

Vacation leave.

Eligible employees shall receive vacation leave in accordance with the following schedule:

Years Service by December 31	Vacation Days Earned
First year	1 per full month
1 to 2	12
3 to 4	13
5 to 9	14
10 to 14	16
15 to 19	18
20 to 24	21
25 to 29	23
30 plus	26

Administrative provisions.

(a)

Vacation leave must be earned before it can be taken. Vacation leave earned in one year can only be taken after January 1 of the next year and must be taken before December 31 of the subsequent year or forfeited. A newly hired employee may request and receive up to five vacation days with pay during his first calendar year of employment with specific approval of the City Manager. Any vacation leave so utilized will be charged against the employee's total vacation leave accrual.

(b)

An employee shall be paid for earned but unused and unforfeited vacation leave upon termination of employment if proper notice is given.

(c)

If an employee is on a leave of absence without pay for more than two weeks in any month, he does not earn vacation leave for that month, except in the case of military leave with pay.

(d)

An employee on an approved leave of absence with pay status will continue to accrue vacation leave, according to his length of service and regular work schedule.

Personal day. Eligible employees shall receive one personal day off with pay during each calendar year after completing six months of employment. A personal day not used during the calendar year is forfeited. A personal day may not be taken before or after a scheduled vacation or legal holiday.

Holiday leave.

The following holidays shall be observed by the City of Hackensack:

New Year's Day

Martin Luther King, Jr. Day

Lincoln's Birthday

Washington's Birthday

Good Friday

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran's Day

General Election (November)

Thanksgiving Day

Friday after Thanksgiving

Christmas Day

A holiday that falls on Sunday shall be observed/ celebrated on the following Monday; and a holiday that falls on Saturday shall be observed/celebrated on the preceding Friday.

In certain departments or agencies, the work schedule may require that the holiday be scheduled for an alternate day off. When Rosh Hashanah, Yom Kippur or similar religious denominational holidays are observed, the employee shall use either his/her accumulated sick leave, vacation leave, personal day or compensatory time off.

Sick leave. Eligible employees shall be entitled to sick leave in accordance with the following:

Sick leave days with pay shall accrue on the basis of one working day per full calendar month worked during the remainder of the first calendar year of employment after initial appointment and 1 1/4 working days per month of employment thereafter. Sick leave must be earned before it can be used.

Sick leave may be utilized by employees when they are unable to perform their work by reason of personal illness, accident or exposure to contagious disease. Sick leave may also be used for the attendance of the employee upon a member of the immediate family who is seriously ill; however, such cases in excess of three working days must be approved by the City Manager.

Proof of illness by a physician may be required whenever such requirement appears reasonable. Abuse of sick leave shall be cause for disciplinary action and/or nonpayment for the unexcused absence. An employee who has been absent because of personal illness may be required, as a condition of his return to duty, to be examined, at the expense of the city, by a physician designated by the city. Such examination shall establish whether the employee is capable of performing his normal duties and that his return will not jeopardize the health of other employees.

(4)

Accrued, but unused, sick leave shall accumulate to the employee's credit from year to year to be used if and when needed for such purpose.

(5)

Sick leave credits shall continue to accrue while an employee is on leave with pay. Credits shall not accrue while an employee is on any leave without pay.

(6)

An employee shall not be reimbursed for accrued sick leave at the time of termination of his employment, except as provided in § 17-17, Retirement and death benefits.

Injury leave. Eligible employees of the City shall continue to receive their normal pay when they are incapacitated from duty due to an injury or ailment sustained or incurred in the performance of their duty which is judged compensable by Workers' Compensation Regulations. Injury leave shall be for a maximum aggregate period of one year commencing from the date of injury or until such time as the employee has been accepted for retirement by the appropriate state retirement system, whichever occurs first. if the illness continues beyond an aggregate period of one year, the employee shall use accumulated sick leave. If the illness continues, the employee shall be eligible for workers' compensation payment only.

Jury duty; emergency leave.

Eligible employees shall be given leave with pay when:

(a)

Performing jury duty.

(b)

Summoned to appear as a witness before a court, legislative committee or judicial or quasi-judicial body unless the appearance is as an individual and not as an employee or other officer of the city.

(c)

Performing emergency civilian duty in relation to national defense or other emergency when so ordered by the Governor or the President of the United States.

Any moneys received by the employee for his/her appearance in situations outlined above shall be returned to the City except when such moneys are payment for transportation and/or meals.

Military training leave. Eligible employees who have been continuously employed by the City for at least one full year and who are required to participate in annual field training by the Armed Forces of the United States or New Jersey shall, upon request, be granted military training leave. Weekend drills are not eligible for this leave. All military training leave is in addition to any other authorized paid leave of absence.

Bereavement leave. Eligible employees may receive bereavement or funeral leave of up to three workdays to attend to or to make arrangements for the funeral of a deceased member of the immediate family. (See definition in § 17-14 above.)

Military duty leave. Eligible employees who are members of the National Guard or other component of the organized militia of the state shall be entitled to military duty leave with pay for a period of up to 90 days in the aggregate in any one year if they are required to engage in active duty in times of a state-declared emergency.

§ 17-16 Leaves of absence without pay.

An employee may request a leave of absence without pay for periods not to exceed three months at any one time for a maximum of six months. Employee benefits shall not accrue to an employee during a leave of absence without pay.

Such leaves of absence may be renewed for an additional period not to exceed six months only by formal approval of the City Council. No further renewal may be granted except upon the approval by the Department of Civil Service for reasons as established by Commission regulations.

Should an employee fail to return promptly after his leave of absence has expired, he will be considered to have resigned from his position.

Military leave. Eligible employees may be granted military leave if they are required to serve actively in any component of the Armed Forces of the United States in time of war or national emergency. Military leave may extend to three months after release from required military service. Sufficient proof of active military duty must be presented to the City Manager prior to requesting such leave.

In case of service-connected illness or wound which prevents an employee from returning to employment, such leave shall be extended until three months after recovery but not beyond the expiration of two years after the date of discharge.

An employee who voluntarily continues in the military service beyond the time when he may be released or who voluntarily reenters the armed forces or who accepts a regular commission shall be considered as having abandoned his employment and resigned.

Military training leave. An eligible employee who has been employed by the City for less than one full year at the time the training is to commence may receive military training leave to participate in annual field training of the armed forces.

§ 17-17 Retirement and death benefits.

[Amended 1-22-2002 by Ord. No. 2-2002; 3-18-2014 by Ord. No. 7-2014]

Upon retirement, as defined herein, the employee or officer shall, or upon death, the employee's or officer's estate shall, receive payment for accumulated unused sick leave as prescribed herein and for all accumulated, unused and unforfeited vacation, holiday and compensatory leave. A City employee or officer shall receive payment for his or her accumulated unused sick leave upon retirement as follows:

[Amended 12-5-2017 by Ord. No. 38-2017; 10-18-2022 by Ord. No. 48-2022]

Any employee or officer hired on or before December 1, 1987, shall be paid 100% of his or her accumulated unused sick leave without limit; provided, however, that if the employee or officer falls within the intended scope of coverage of P.L. 2007, c. 92 (N.J.S.A. 11A:6-19.1) or P.L. 2010, c. 3 (N.J.S.A. 11A:6-19.2), under no circumstances shall such payment exceed the maximum amount authorized by those statutes.

Any employee or officer hired after December 1, 1987, and prior to the effective date of this Ord. No. 7-2014 shall be paid 75% of his or her accumulated unused sick leave, not to exceed 50% of his final annual salary as defined herein, provided, however, that if the employee or officer falls within the intended scope of coverage of P.L. 2007, c. 92 (N.J.S.A. 11A:6-19.1) or P.L. 2010, c. 3 (N.J.S.A. 11A:6-19.2) under no circumstances shall such payment exceed the maximum amount authorized by those statutes.