Township of Hanover, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted 4-12-2018 by Ord. No. 8-2018]
[Last amended 4-12-2018 by Ord. No. 8-2018]
A. 
Effective January 1, 2018, the following officers and employees shall be compensated on an annual basis and shall be paid quarterly in March, June, September and December of each year as follows:[1]
2018
Township Committee
Municipal Judge
Municipal Prosecutor
Emergency Management Coordinator
[1]
Editor's Note: Actual rates of compensation are provided for in the Annual Salary Ordinance, on file in the office of the Township Clerk.
B. 
Effective January 1, 2018, the following officers and employees shall be compensated on an annual basis and shall be paid monthly of each year as follows:[2]
Elevator Subcode Official/Elevator Inspector, H.H.S.
Municipal Public Defender
[2]
Editor's Note: Actual rates of compensation are provided for in the Annual Salary Ordinance, on file in the office of the Township Clerk.
C. 
Effective January 1, 2018, the following officers and employees shall be compensated on an annual basis and shall be paid twice monthly (24 pays) of each year as follows:[3]
Tax Assessor (based on a workweek of 21 hrs. per/wk.)
Chairman, Site Plan Exemption Committee
Building Facilities Coordinator
Open Public Records Act Coordinator
Community Affairs/Public Policy Coordinator
HR Specialist Administrative Aide
[3]
Editor's Note: Actual rates of compensation are provided for in the Annual Salary Ordinance, on file in the office of the Township Clerk.
[Amended 7-11-1991 by Ord. No. 16-91]
A. 
Salaries and wages for the various positions of employment in the Township of Hanover shall be at or within the range of the minimum and maximum amounts as delineated on Schedules A and A-1 of the Annual Salary Ordinance.[1] Job classifications are as set forth in Schedule B of the Annual Salary Ordinance adopted by the Township Committee.[2]
[1]
Editor's Note: The Annual Salary Ordinance is on file in the office of the Township Clerk.
[2]
Editor's Note: See § 61-4, Schedule B, Position Classifications.
B. 
All individuals hired by the Township of Hanover or its boards and departments will be hired at the minimum step level in the position and classification unless, under exceptional circumstances, approval is given upon written request by the department head to the Township Committee and/or Board to consider credit for experience outside the Township of Hanover. In such instances, on approval of the Township Committee, an individual may be hired on a step level above the minimum.
C. 
Salary increments.
(1) 
Any person employed by the Township of Hanover shall be paid during the first year of such employment (each year to be calculated from the date of the employee's initial appointment) at the minimum of the salary range provided for the respective position (unless such person qualifies under Subsection B), and, at the completion of each year of meritorious performance and contingent upon and subject to receiving at least a satisfactory job performance evaluation in accordance with the Township of Hanover's job performance evaluation system, hereinafter set forth,[3] the employee shall receive a salary increment by being placed on the next step on Schedule A or A-1 until the maximum is reached, as of the first of the month following the employee's anniversary date of employment.
[3]
Editor's Note: See § 61-18 of this article.
(2) 
Employee performance evaluation relating to salary increments. Any nonunion civilian employee who has reached the maximum step on any Schedule A or A-1 adopted by way of a prior ordinance or under Schedule A or A-1 as set forth herein,[4] shall only receive an increase if he/she receives a satisfactory job performance evaluation in accordance with the Township's employee evaluation system; otherwise, said employee shall remain at his/her existing salary. The following serves as an example of what is intended by this subsection concerning the application of the job performance evaluation as it relates to salary increments for those employees covered by either Schedule A or Schedule A-1 for the year 2018: Individual Y was in Group X of Schedule A at the maximum step under the 2017 Salary Ordinance and was receiving a salary of $96,047. Upon the adoption of this ordinance, this individual shall not receive any increase in salary unless he/she shall receive a satisfactory performance evaluation in which case his/her salary will be that provided for in the 2018 Schedule A, Group X, maximum $97,968, effective January 1, 2018. In the event that the individual shall receive an unsatisfactory performance evaluation, his/her salary shall remain at $96,047, the same as in 2017.
[Last amended 4-12-2018 by Ord. No. 8-2018]
[4]
Editor's Note: Schedules A and A-1 are on file in the office of the Township Clerk.
[Added 5-9-2013 by Ord. No. 15-13; last amended 4-12-2018 by Ord. No. 8-2018]
For the department heads listed below, there is hereby established the following salary ranges:
A. 
2018 Business Administrator/Township Clerk salary range. During calendar year 2018, the following salary range shall apply to this dual position of Business Administrator/Township Clerk: $100,000 to $163,000.
B. 
2018 Chief of Police salary range. During calendar year 2018, the following salary range shall apply to this position of Chief of Police: $125,000 to $160,560.
C. 
2018 Chief Finance Officer/Certified Tax Collector/Treasurer salary range. During calendar year 2018, the following salary range shall apply to the multiple position of Chief Municipal Finance Officer/Certified Tax Collector/Treasurer: $72,000 to $136,820.
D. 
2018 Construction Official/Building Subcode Official/Zoning Officer salary range. During calendar year 2018, the following salary range shall apply to the multiple position of Construction Official and Building Subcode Official/Zoning Officer: $64,000 to $117,715.
E. 
2018 Superintendent of Public Works, Buildings and Grounds and Park Maintenance salary range. During calendar year 2018, the following salary range shall apply to the position of Superintendent of Public Works, Buildings and Grounds and Park Maintenance: $64,000 to $117,715.
[Last amended 4-12-2018 by Ord. No. 8-2018]
A. 
In any instance, in connection with this Salary Ordinance and the schedules set forth above, that an employee shall have his or her job classification altered, said employee shall receive compensation at a rate not less than that received by the employee in the year prior to the change of classification and, in addition, shall not receive the annual increment which is provided for in the Salary Guide except for an adjustment which shall be determined by the Business Administrator/Township Clerk and recommended to the Township Committee.
B. 
All individuals employed by the Township in either a management or nonmanagement civilian position may be hired and classified within the minimum step ranges of A, A-1, B, C or D as set forth with the approval of the Township Committee.
[Last amended 4-12-2018 by Ord. No. 8-2018]
A. 
The following schedule represents the job position titles and applicable salary ranges for the Township's management and nonmanagement civilian employees:
Schedule B
Position Classifications
Job Group
Title
Salary Schedule
I
Clerk Typist
A or C
P/T Dial-A-Ride Dispatcher
A-1 or D
P/T Dial-A-Ride Driver
A-1 or D
P/T Custodian
A-1 or D
P/T Assistant to Custodian
A-1 or D
P/T Park Maintenance Worker
A-1 or D
II
Support Services Secretary/Senior Clerk Typist in Police Department
A or C
Junior Account Clerk
A or C
P/T Clerk/Support Services
A or C
Senior Clerk Typist
A or C
P/T Floater/Clerical Support Services OPRA/Other Assignments
A or C
Violations Clerk
A or C
III
Account Clerk
A or C
Assistant Control Person/Account Clerk to the Construction Official/Zoning Officer/Property Maintenance Officer
A or C
Engineering Aide I
A or C
General Secretary
A or C
P/T Municipal Recycling Enforcement Coord.
A or C
IV
P/T Municipal Housing Liaison
A or C
Recreation & Park Administration Program Coordinator
A or C
Senior Account Clerk
A or C
Secretary to Chief of Police
A or C
Assistant to Superintendent of Recreation & Park Administration Department
A or C
F/T Deputy Court Administrator
A or C
P/T Deputy Court Administrator
A or C
Secretary to Chief of Police
A or C
Technical Assistant to the Construction Official/Zoning Officer/Property Maintenance Officer
A or C
Recreation & Park Administration Department Program Coordinator
A or C
Recreation & Park Admin. Department Senior Account Clerk/Board Secretary
A or C
Secretary to the Health Department/Deputy Registrar of Vital Statistics
A or C
Assistant to Superintendent of Public Works/Recycling Coordinator
A or C
V
Senior Account Clerk/Payroll Clerk
A or C
Administrative Secretary
A or C
Certified Municipal Court Administrator
A or C
Engineering Aide II
A or C
Management Analyst/Project Coordinator
A or C
VI
Secretary to the Planning Board and Board of Adjustment/Land Use Administrator
A or C
Public Health Nurse
A or C
Executive Secretary I
A or C
Police Dispatcher
A-1 or D
VII
Assistant to Chief Financial Officer/Tax Collector
A or C
Executive Assistant
A or C
Executive Secretary II
A or C
Human Resource Specialist
A or C
DPW Division Supervisor of Buildings and Grounds
A-1 or D
DPW Sanitation Division Supervisor
A-1 or D
DPW Road Division Supervisor
A-1 or D
VIII
Registered Environmental Health Specialist
A or C
IX
General Office Supervisor/Deputy Township Clerk
A or C
DPW Operations Manager
A-1 or D
DPW Park Maintenance Division Supervisor
A-1 or D
P/T Junior Engineer
A or C
Assistant Business Administrator
A or C
Public Health Nurse Supervisor
A or C
Registered Environmental Health Inspector 2 (Senior Registered Environmental Health Specialist)
A or C
Assistant Building Inspector/Assistant Zoning Officer/Assistant Property/Maintenance Officer
A or C
P/T Electrical Subcode Official/Electrical Inspector & Assistant Zoning Officer/Property Maintenance Inspector
A or C
P/T Fire Protection Subcode Officer/Assistant Property Maintenance Officer
A or C
P/T Plumbing Subcode Official/Plumbing Inspector
A or C
X
Health Administrator - Registered Environmental Health Specialist
A or C
Recreation & Park Administration Department Superintendent
A or C
XI
Health Administrator - Health Officer
A or C
XII
Assistant Township Engineer
A or C
XIII
A or C or D
XIV
Township Engineer
A or C
Professional Planner
A or C
Health Officer/Environmental Specialist
A or C
B. 
Individuals hired for the first time in any of the job position classifications set forth in Subsection A entitled "Schedule B" listed above, or any current employee promoted to a higher job group classification, shall be compensated within their respective job group range as set forth below in Salary Guide C or D[1] at a salary to be determined by the Township Committee. A person hired or promoted within their respective job group range shall only be eligible to receive the annual cost of living adjustment when such adjustment is determined and authorized by the governing body. In order to be eligible to receive a cost of living adjustment, an employee must receive a satisfactory job performance evaluation from his/her department head.
[1]
Editor's Note: Salary Guides C and D are on file in the office of the Township Clerk.
C. 
Any new, replacement full-time or permanent part-time nonunion civilian employee hired by the Township on or after January 1, 2018, up to and including the date of adoption of this ordinance, must first complete his/her six-month probationary period of service and receive a satisfactory job performance evaluation in order to qualify for the two-percent cost of living adjustment retroactive to the first date of employment.
[Added 12-28-2000 by Ord. No. 20-2000; last amended 4-10-2014 by Ord. No. 13-14[2]]
A. 
The salaries for the ranks of Lieutenant and Captain shall be determined by the applicable collective negotiations agreement negotiated by the Township and ratified by the Township Committee of the Township of Hanover in accordance with applicable law.
B. 
Salaries and wages for Captains and Lieutenants.
[Added 5-22-2014 by Ord. No. 22-14; last amended 8-13-2015 by Ord. No. 19-15]
(1) 
The following annual wage schedule by job classification in the Police Department for the current superior officers shall be as hereinafter specified and shall be payable on an annual basis:
Captain and Lieutenants
Step Classi-fication
Base Salary as of 1-1-2014
Base Salary as of 1-1-2015
Base Salary as of 1-1-2016
Base Salary as of 1-1-2018
Captain
$137,981
$140,740
$143,555
$146,426
Lieutenant
$128,354
$130,921
$133,539
$136,210
(2) 
All salaries and rates of compensation as herein stated shall be effective January 1, 2014, except as otherwise indicated. Only those superior officers currently on the payroll of the Township of Hanover at the time of adoption of this ordinance shall receive retroactive salary adjustments, except that police officers who have retired from service or have been separated from employment in good standing on or after January 1, 2014, but prior to the adoption of this ordinance shall receive retroactive salary adjustments effective January 1, 2014, through the date of retirement/separation. No other exceptions shall be made.
(3) 
Only those superior officers on the payroll of the Township of Hanover on January 1, 2014, shall be entitled to receive the salary adjustments as set forth above.
[1]
Editor's Note: Former § 61-4.1, Full-time employees, added 6-9-1994 by Ord. No. 15-94, was repealed 10-27-1994 by Ord. No. 27-94.
[2]
This ordinance also provided that the rank differential provisions as described in Salary Ord. Nos. 12-03, 30-04, 15-05, 14-06, 10-07 and 14-08 are repealed.
[Added 11-8-2007 by Ord. No. 25-07; last amended 4-10-2014 by Ord. No. 15-14]
A. 
The salaries for the ranks of Patrolmen, Sergeants and officers assigned to the Detective Bureau shall be determined by the applicable collective negotiations agreement negotiated by the Township and ratified by the Township Committee of the Township of Hanover in accordance with applicable law.
B. 
Salaries of patrolmen, sergeants and police officers assigned to the Detective Bureau.
[Added 5-22-2014 by Ord. No. 21-14]
(1) 
The following annual wage schedule by job classification in the Police Department for current police officers shall be as hereinafter specified and shall be payable on an annual basis:
Patrolmen and Officers Assigned to the Detective Bureau
Step Classi-fication
Base Salary as of 1-1-2014
Base Salary as of 1-1-2015
Base Salary as of 1-1-2016
Base Salary as of 1-1-2018
Academy
$30,802
$31,418
$32,046
$32,687
Step 1
$53,142
$54,204
$55,289
$56,394
Step 2
$59,556
$60,747
$61,962
$63,201
Step 3
$65,970
$67,289
$68,635
$70,008
Step 4
$72,385
$73,833
$75,309
$76,815
Step 5
$78,799
$80,375
$81,982
$83,622
Step 6
$85,214
$86,918
$88,657
$90,430
Step 7
$98,476
$100,446
$102,455
$104,504
Detective
$105,271
$107,376
$109,523
$111,714
Sergeants
Step Classi-fication
Base Salary as of 1-1-2014
Base Salary as of 1-1-2015
Base Salary as of 1-1-2016
Base Salary as of 1-1-2018
Sergeants 1
$107,880
$110,038
$112,239
$114,483
Sergeants 2
$110,490
$112,700
$114,954
$117,253
Sergeants 3
$113,102
$115,364
$117,671
$120,024
(2) 
All salaries and rates of compensation as herein stated shall be effective January 1, 2014, except as otherwise indicated. Only those police officers currently on the payroll of the Township of Hanover at the time of adoption of this ordinance shall receive retroactive salary adjustments, except that police officers who have retired from service or have been separated from employment in good standing on or after January 1, 2014, but prior to the adoption of this ordinance shall receive retroactive salary adjustments effective January 1, 2014, through the date of retirement/separation. No other exceptions shall be made.
(3) 
Only those police officers on the payroll of the Township of Hanover on January 1, 2014, shall be entitled to receive the salary adjustments as set forth above.
[Added 6-14-2012 by Ord. No. 12-2012; last amended 3-23-2018 by Ord. No. 8-17]
A. 
The following annual wage schedule by job classification of union employees in the Public Works, Buildings and Grounds and Park Maintenance Department for the current full-time employees shall be as hereinafter specified and shall be payable on an annual basis over 24 pay periods.[1]
[1]
Editor's Note: Said schedule is on file in the Township offices.
B. 
The following Schedule B represents the job position titles and applicable salary ranges in conformance with the Salary Guides set forth above for the full-time blue collar employees of the Public Works, Buildings and Grounds and Park Maintenance Department represented by Teamsters Local No. 97 of New Jersey, IBT, except the managers, supervisors and part-time employees of the Department:
Schedule B
Job Group
Job Position Title
Applicable Salary Range
I
Custodian
IBT A-1
II
Laborer I/Sanitation Collector/Custodian
IBT D-1
III
Laborer I/Sanitation Collector I
IBT A-1 or IBT D-1
IV
Laborer II/Sanitation Collector II/Truck Driver I
IBT A-1
Park Maintenance Worker
IBT A-1
V
Truck Driver II/Equipment Operator
IBT A-1
VI
Senior Park Maintenance Man
IBT A-1
VII
Mechanic
IBT A-1 or IBT D-1
C. 
All salaries and rates of compensation as herein stated shall be effective January 1, 2018.
D. 
Only those full-time employees represented by IBT Local No. 97 on the payroll of the Township of Hanover on January 1, 2018, shall be entitled to receive the salary adjustments as set forth above.
[Last amended 4-12-2018 by Ord. No. 8-2018]
The part-time positions shall be as follows:[1]
School Crossing Guard (in charge)
School Crossing Guards
Office/Clerical
Substitute Part-Time Construction Code Inspectors
Part-time Registered Environmental Health Inspector
Per Diem Police Dispatchers
Police matrons
Part-Time Senior Assistant Property Maintenance/Zoning Officer
Part-Time Assistant to Property Maintenance Officer/Zoning Officer
Part-Time Professional Arborist/Forester (funded by Township's Tree Fund)
Substance Awareness Coordinator
Municipal Housing Liaison
For additional special Municipal Court sessions, including DWI Court sessions, the Municipal Court Judge, the Municipal Prosecutor and the Public Defender shall be paid at the rate of $125 per hour but not to exceed the following amounts:
A.
Municipal Court Judge not to exceed $800 per session.
B.
Municipal Prosecutor not to exceed $600 per session.
C.
Public Defender not to exceed $600 per session.
Outside employment of police officers in the performance of extra-duty side jobs: $70/hr; overtime: $105/hr.
Extra-duty side jobs Ravine/Met Life: $100/day
Administrative fee paid to Township: $10/hr.
Cost for use of a Township police vehicle: $25/hr. to maximum of $125.
All payments to police officers for off-duty outside employment shall be processed through the Township's Finance Department.
[1]
Editor's Note: Actual rates of compensation are provided for in the Annual Salary Ordinance, on file in the office of the Township Clerk.
[Last amended 4-12-2018 by Ord. No. 8-2018]
The following temporary, seasonal and summer employee positions are hereby created in the Recreation and Park Administration Department. The compensation for each position shall be in accordance with the Annual Salary Ordinance adopted by the Township Committee.[1]
Position
Part-time Recreation Department Office Staff, per hour
Swim Team Coach, per season
Swimming Pool Manager, per season
Assistant Pool Manager, per season
Lifeguards, per hour
Director, Summer Playground Program, per hour
Assistant Directors, Summer Playground Program, per hour
Adult Counselors for Summer Playground Program, per hour
Summer Plus Camp Program - Camp Counselor, per hour
Custodian, Fourth of July, per hour
Swim instruction by certified lifeguards
Community Center Proctors, per hour
Badge Checkers, Bee Meadow Pool, per hour
Bee Meadow Pool Office Staff, per hour
Pool Activities Coordinator, per hour
Individuals hired as lifeguards who receive an Instructor's Water Safety Instruction Certification, a Lifeguard Water Safety Instruction Certification and/or a Certified Pool Operator Certification shall be eligible to receive a $0.50 hourly increment upon attainment for either or both during the pool season in which the certification(s) is/are received.
[1]
Editor's Note: The Annual Salary Ordinance is on file in the office of the Township Clerk.
[Last amended 4-12-2018 by Ord. No. 8-2018]
During calendar year 2018, all temporary, seasonal and summer employees employed or re-employed as park maintenance workers, public works laborers and administrative and clerical personnel shall receive the following compensation:
A. 
Individuals hired for the first time shall receive an hourly rate of $9.70 an hour.
B. 
Individuals rehired as seasonal and summer employees during calendar year 2018 shall receive an increment up to $0.75 per hour for each previous year of service.
[Amended 7-11-1991 by Ord. No. 16-91; 7-9-1992 by Ord. No. 23-92; 3-11-1993 by Ord. No. 6-93; 6-9-1994 by Ord. No. 15-94; 4-13-1995 by Ord. No. 10-95; 5-9-1996 by Ord. No. 5-96; 3-13-1997 by Ord. No. 10-97; 3-12-1998 by Ord. No. 7-98; 4-8-1999 by Ord. No. 12-99; 2-10-2000 by Ord. No. 2-2000; 4-12-2001 by Ord. No. 6-2001; 6-13-2002 by Ord. No. 12-2002; 6-26-2003 by Ord. No. 12-2003; 4-8-2010 by Ord. No. 12-10]
Employees whose position classification is "equipment operator" and who operate such heavy equipment as determined by the Township Engineer and the Superintendent of Public Works, Buildings and Grounds and Park Maintenance will receive an additional $0.10 per hour over the hourly rate of his step of Group V as shown on Schedule A-1 of the Annual Salary Ordinance adopted by the Township Committee.[1]
[1]
Editor's Note: The Annual Salary Ordinance is on file in the office of the Township Clerk.
[Amended 7-11-1991 by Ord. No. 16-91]
The basic workweek for all police personnel, public works employees and parks and recreation maintenance workers shall be 40 hours per week. The basic workweek for all other employees listed in this article shall be 35 hours per week.
[Added 5-12-2005 by Ord. No. 15-2005]
A. 
All full-time and permanent part-time civilian employees of the Township are required to take a one-hour lunch period either between 12:00 noon to 1:00 p.m. or 1:00 p.m. to 2:00 p.m. as determined by the department head. There shall be no other deviations.
B. 
This lunch hour regulation does not apply to those blue collar employees of the Recreation and Park Administration[1] and Public Works, Buildings and Grounds and Park Maintenance Departments or the uniformed members of the Police Department whose lunch periods are governed by department schedules and operations.
[Amended 4-8-2010 by Ord. No. 12-10]
[1]
Editor's Note: Pursuant to Ord. No. 12-10, adopted 4-8-2010, the title of this department was changed from Parks and Recreation Department to Recreation and Park Administration Department.
C. 
A regularly scheduled lunch hour or lunch period cannot be waived for the purpose of working through lunch in order to report to work late or leave early because of personal business. Wherever possible, all personal business appointments, including non-illness-related medical appointments, should be scheduled after work hours or late in the business day.
D. 
When such appointments occur during the normal business day, employees shall be required to use vacation and personal leave time and only with the prior approval of the department head. Sick leave for the purpose of visiting a physician shall only be used when a bona fide illness exists.
E. 
An employee intending to use vacation, personal or sick leave time for an appointment must provide the department head with at least 48 hours' advanced notice.
[Amended 3-13-1980 by Ord. No. 4-80; 5-27-1982 by Ord. No. 17-82; 6-23-1988 by Ord. No. 15-88; 3-22-1990 by Ord. No. 3-90]
The guidelines set forth below shall apply to all full-time municipal employees whose positions are listed in Schedule B of the Township's Salary Ordinance[1] regardless of whether said full-time employees are salaried or paid on an hourly basis:
A. 
Vacation year; accumulation prohibited. For the purposes of vacation administration, all vacation days shall be taken during the current calendar year of eligibility between January 1 and December 31. Vacation days shall not accumulate from year to year. All vacation time shall be taken during the same calendar year in which that vacation time is earned.
B. 
Vacation and sick leave accrual during probationary period. Employees shall earn or accrue vacation and sick days during the first six months of employment but shall not be eligible to take any vacation and sick days earned or accrued prior to the successful completion of an uninterrupted six-month probationary period of employment.
C. 
Anniversary dates; vacation and sick leave eligibility; anniversary dates pertaining to salary increments.
(1) 
Employees hired during the first five days of the month shall use the first of that month as their anniversary date in the calculation of sick and vacation days. Employees hired on or after the sixth day of the month shall use the first of the following month as their anniversary date for purposes of calculating sick leave and vacation days.
(2) 
Based on an anniversary date of his/her employment or reemployment and prior to the successful completion of the six-month probationary period, employees shall not be eligible to take any vacation or sick leave.
D. 
Number of vacation days per years of service. Employees accrue vacation as set forth in the following Schedule One:
Schedule One
Beginning of Calendar Years
Anniver-
sary Date
Vaca-
tion Days in Year of Hire
2
3
4
5
6-9
10-14
15
16
17
18
19+
January 1
6
10
10
10
10
15
20
21
22
23
24
25
February 1
5.5
10
10
10
10
15
20
21
22
23
24
25
March 1
5
10
10
10
10
15
20
21
22
23
24
25
April 1
4.5
10
10
10
10
15
20
21
22
23
24
25
May 1
4
10
10
10
10
15
20
21
22
23
24
25
June 1
3.5
10
10
10
10
15
20
21
22
23
24
25
July 1
3
10
10
10
10
15
20
21
22
23
24
25
August 1
2.5
8.5
10
10
10
15
20
21
22
23
24
25
September 1
2
8
10
10
10
15
20
21
22
23
24
25
October 1
1.5
7.5
10
10
10
15
20
21
22
23
24
25
November 1
1
7
10
10
10
15
20
21
22
23
24
25
December 1
.5
6.5
10
10
10
15
20
21
22
23
24
25
E. 
Limited permission to carry over unused vacation.
(1) 
If, because of the pressures of work-related duties and responsibilities, an employee is unable to take any vacation or portion thereof of his/her vacation days during a current calendar year, said employee shall, by October 31 of any current year, apply in writing to the Township Administrator for permission to carry over any unused vacation days which must be utilized by March 31 of the succeeding year.
(2) 
Any unused vacation days or portions thereof not taken by the March 31 date shall be forfeited by the employee and removed from the personnel record of that employee.
F. 
Payment in lieu of vacation prohibited. No lump sum payments shall be made to full-time employees in lieu of any vacation days or portions thereof not taken during any current year or upon resignation, retirement or involuntary termination (other than death) from service with the Township of Hanover.
G. 
Death of an employee. In the event of the death of an employee, the estate of the deceased will be compensated for any vacation time, earned or accrued, based upon proration as set forth in § 61-21 of this article.
H. 
Vacation period.
(1) 
A "week's vacation" is defined as a seven-day period that includes five working days. A "week's vacation pay" is defined as the normal pay for five regular working days at the time the employee's vacation is scheduled.
(2) 
When an employee is entitled to a vacation of more than two weeks, the additional week or weeks, or either of them, may be assigned other than on a consecutive basis.
(3) 
If an employee is unable to take a previously scheduled vacation for reasons beyond his control such as accident, sickness, jury duty, etc., the vacation may be postponed and scheduled at a later date during the year, provided that the postponement is initiated by the employee prior to 12:00 midnight of the day preceding the first day of vacation. However, delayed notification will be accepted if circumstances were such that the employee was unable to give notification in time, provided, of course, that the reason for postponement was established prior to 12:01 a.m. of the first scheduled vacation day.
(4) 
In case of accident or sickness a postponed vacation may be rescheduled only to the extent that there are sufficient days remaining in the year.
(5) 
Vacations in days should be kept to a minimum, and must be approved by the department head or Township Administrator.
I. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection I, Advancement of vacation pay, was repealed 5-12-2005 by Ord. No. 15-2005.
J. 
Preparation of vacation schedules.
(1) 
Each department head shall determine the policy for his/her department regarding the number of employees who may be scheduled for vacations in any particular week. However, the extended vacation leaves of full-time employees in all departments must be scheduled in such fashion that the vacation leave of one or more employees does not interfere with the performance of any department's functions and activities or in the delivery of services and implementation of operations. It shall be the responsibility of the department head to make certain that extended vacation leaves do not overlap and that the department is adequately staffed. In addition, in order to ensure that departments are managed and supervised at all times, department heads and their designees shall not take extended vacation leaves (i.e., one or more calendar weeks), attend training sessions or conferences at the same time.
[Amended 7-9-1998 by Ord. No. 20-98]
(2) 
The preparation of vacation schedules shall be started prior to April 1, so that tentative schedules can be submitted by the department head to the Administrator by April 15. The approved schedules shall be completed by May 1. Vacations that are completed prior to the setting up of the vacation schedules shall be referred to the Treasurer, so that the vacation payment for these employees can be properly cared for.
(3) 
Whenever employees select vacation periods, they shall include their first and alternate choices for vacation periods.
K. 
Vacation requests. Whenever any full-time civilian employee intends to take one or more 1/2 vacation days or one or more full vacation days during the work week, he/she may do so only with the prior approval of the department head. In order to receive consideration, a full-time employee must provide his/her department head with 48 hours' advanced notification, except in an emergency. If an emergency arises, the employee will notify the, department head as soon as possible. The approval of a 1/2 or full vacation leave day(s) shall depend on the needs of the department. All such requests shall be approved or denied by the department head or designee.
[Added 7-9-1998 by Ord. No. 20-98]
[1]
Editor's Note: See § 61-4, Schedule B, Position Classifications. In addition, the Annual Salary Ordinance is on file in the office of the Township Clerk.
[Amended 2-26-1976 by Ord. No. 3-76; 3-22-1990 by Ord. No. 3-90]
A. 
Time accrued.
(1) 
Full-time civilian salaried and hourly employees shall earn and accrue one sick leave day per month not to exceed 12 working days in any one calendar year. A sick leave bank shall be established by the Department of Administration for each employee wherein earned and accrued sick leave will be recorded. If a full-time civilian salaried or hourly employee is ill because of a legitimate sickness or non-job-related injury during any calendar year, he/she shall receive compensation for a period of not more than 12 working days in each said year, unless said employee has sufficient days accrued in the sick leave bank. If sick leave is not taken during the calendar year, the same will accrue from year to year until such time as it is taken.
[Amended 6-12-1997 by Ord. No. 21-97; 5-12-2005 by Ord. No. 15-2005]
(2) 
[1]The use of sick leave days is restricted to all full-time salaried and hourly employees who are suffering and/or recuperating from a legitimate illness, disease or a nonwork related injury or disability. Employees are prohibited from using sick days for other than themselves. Sick days are not intended to be used as additional vacation or personal leave days for the care of family members or in conjunction with a Township or family medical leave associated with sick or disabled family members.
[Added 4-8-1999 by Ord. No. 12-99]
[1]
Editor's Note: Former Subsection A(2), Employees hired on or after January 1, 1996, added 12-28-1995 by Ord. No. 33-95, was repealed 6-12-1997 by Ord. No. 21-97. This ordinance provided as follows: "With the repeal of § 61-11A(2)(a), (b), (c) and (d), the sick leave records of all those full-time civilian salaried or hourly rate employees hired on or after January 1, 1996, shall be credited with six additional sick leave days for calendar year 1996 only. With the adoption of this Ordinance, all full-time civilian salaried and hourly rate employees hired on or after January 1, 1996, shall earn and accrue 12 working days as sick leave time in 1997 and in all subsequent years thereafter, in accordance with the provisions of § 61-11A(1) entitled 'Time accrued.'"
(3) 
Any full-time civilian employee hired by the Township with an effective employment date starting January 1, 2004, or thereafter, whose position is classified in Schedule B of the Township's Salary Ordinance, regardless of whether the said full-time employee is salaried or paid on an hourly basis, shall be entitled to earn and accrue six sick leave days in each calendar year. A maximum of two of the six sick leave days may be used annually as personal days. However, personal leave days shall not accumulate from year to year. Any new full-time employee shall not be eligible to utilize sick and/or personal leave days prior to the successful completion of the six-month probationary period. In addition, all new employees hired on or after January 1, 2004, shall be entitled to receive the one personal leave day annually which is not charged to sick leave accruals. As with the two personal leave days taken as part of the complement of six annual sick leave days, the granting of one additional personal leave day as set forth in this section shall not accumulate from year to year. The use of any personal leave days, whether as part of the six sick leave days or the one additional personal day, may only be taken with the prior approval of the department head upon 48 hours' advanced notification except in an emergency. A department head shall have the sole discretion to grant or deny any personal leave day request for the conduct of essential personal business by the employee. New employees hired on or after January 1, 2004, shall also be entitled to those sickness disability privileges enumerated under § 61-11B to D and F should an extended serious illness or non-job related disability occur.
[Added 11-13-2003 by Ord. No. 24-2003]
B. 
In addition, the following modified accumulated sickness disability leave plan shall be followed in cases of employees who have faithfully performed their services over a period of time, have good past absence records, with particular consideration being given to the employee's absence record after he cannot accumulate any more sickness days, and find themselves faced with an extended illness.
C. 
The past record of the employee since his initial employment shall be reviewed, and, only in the event of serious and extended illness in which the normal accumulated sickness disability leave is used up, the Township Committee may grant an extension of sickness disability payments to the extent of the accumulated sickness disability leave just prior to the last illness. This extended leave may be paid at the rate of a full day's pay for each day of further sickness absence or be paid a portion of a full day's pay for each day of absence as determined by the Township Committee. The total amount of the full or partial days paid cannot exceed the total of the accumulated sickness disability leave days accumulated just prior to the last absence. Upon expiration of these payments, pay shall cease, and the employee shall be so notified by the department head.
D. 
Upon return to duty after extended illness for which an employee was granted an extension of normal sickness disability leave under this plan, the sickness disability leave days accrued will be deducted until the total number of extended sickness disability leave days granted under this modified plan have been accumulated.
E. 
Personal leave time.
(1) 
All full-time employees whose positions are classified in Schedule B of the Township's Salary Ordinance,[2] regardless of whether said full-time employees are salaried or paid on an hourly basis, may be eligible to utilize a maximum of two of the annual compliment of 12 sick leave days annually as personal days. Personal leave days shall not accumulate from year to year. Any new full-time employee shall not be eligible to utilize personal leave days prior to the successful completion of the six-month probationary period.
[2]
Editor's Note: See § 61-4, Schedule B, Position Classifications. In addition, the Annual Salary Ordinance is on file in the office of the Township Clerk.
(2) 
Effective January 1, 1994, all full-time employees whose positions are classified in Schedule B of the Township's Salary Ordinance, regardless of whether said full-time employees are salaried or paid on an hourly basis, shall be entitled to receive one personal leave day annually not charged to sick leave accruals as described in Subsection E(1). The scheduling of the one additional personal leave day may only be done with the prior approval of the department head. As with the two personal leave days taken as part of the compliment of 12 annual sick leave days, the granting of the one additional personal day, as set forth is this section, shall not accumulate from year to year.
[Amended 12-9-1993 by Ord. No. 40-93]
(3) 
Personal leave days, whether a part of the compliment of 12 sick leave days or the one additional personal day, may only be taken with the prior approval of the department head upon 48 hours' advanced notification, except in an emergency. A department head has the sole discretion to grant or deny any personal leave day request for the conduct of essential personal business.
[Added 12-9-1993 by Ord. No. 40-93]
F. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection F, Accumulation of sick leave in excess of 75 days for use at time of serious and extended illness or disability, was repealed 5-12-2005 by Ord. No. 15-2005.
G. 
Any full-time or part-time employee returning to work may be required by his/her department head to submit a physician's medical certificate as a result of taking one or more sick leave days due to illness or a nonwork related accident or injury. The medical certificate shall specify the nature of the illness, injury or disability and the fact that the employee is capable of performing all of his/her normal job duties and assignments and that the employee's return to the workplace will not jeopardize the health or safety of other employees. Medical certificates will be forwarded to the Business Administrator for inclusion in the medical personnel folder of employees.
[Amended 3-12-1998 by Ord. No. 7-98]
[Added 3-12-2009 by Ord. No. 6-09]
A. 
Employees without available sick days who are absent due to illness must charge the absence to other available time the employee has accrued and is eligible to use, e.g., vacation or personal time, etc. The employee does not have the option of taking an unpaid absence for this purpose if the employee has paid time off to draw upon. Upon return to work, the employee will advise his or her department head which of the available time he or she will use to cover the absence (e.g., vacation day, personal day, etc.). Employees must indicate on the Daily Sick Leave and Vacation Leave Report form that they are required to submit to the Department of Administration by 12:00 noon of the date they return to work how the absence is to be charged. Hourly employees are also required to note how the absence is to be charged on the weekly time cards to be submitted to their department head. If the employee fails to do so, the Township will charge the absences first against the employee's available vacation time, and then against any available personal time if/when available vacation is exhausted, and then against any other category of paid time the employee may have to his/her credit. Only in those instances where an employee has no other available paid time when he or she calls out sick will the absence be unpaid.
B. 
Employees may be eligible for an unpaid family and medical leave under the federal Family and Medical Leave Act ("FMLA") and/or pursuant to the New Jersey Family Leave Act ("FLA"). Employees should consult Section 401.4, entitled "Family Leave Policy," and § 61-12, entitled "Leaves of absence," of the Code of the Township of Hanover for specific information.
[Added 3-12-2009 by Ord. No. 6-09]
A. 
Employees may submit requests to their department heads for short-term absence without pay for personal or vacation purposes. Please refer to § 61-11.1 for the policy on unpaid sick days.
B. 
Requests for short-term absence will only be considered if the employee has already used all of his or her accrued or available personal and/or vacation days at the time the request is made. Requests for short-time absences in such cases are subject to the approval of the employee's department head, and may be postponed, limited or denied for any reason which in the judgment of the department head adversely affects the operation of a department or bureau. All requests for unpaid personal or vacation days must be submitted in writing in advance to the employee's department head as follows:
(1) 
Up to two days: request must be submitted at least 48 hours in advance.
(2) 
Three days to 10 days: requests must be submitted at least three weeks in advance.
C. 
In the event of an emergent or unforeseen circumstance, the employee may make the request for an unpaid personal day or vacation day by calling his or her department head or immediate supervisor no later than 15 minutes before the start of the normal business day. The department head shall determine whether the emergent request is warranted based on a balancing of the employee's supporting justifications, the reasons why the employee could not have complied with the minimum notice requirements, and the adverse impact, if any, granting the request will have on the operations of the department or bureau, including but not limited to the impact of the lack of advance notice.
D. 
Full-time and seasonal park maintenance workers are required to call their immediate supervisor between 6:45 a.m. and 7:15 a.m. of the day requesting an emergent unpaid personal or vacation day.
E. 
Public Works, Buildings and Grounds and Park Maintenance Department sanitation collectors and drivers are required to call their immediate supervisor at 4:30 a.m. of the day requesting an emergent unpaid personal or vacation day and then again at 7:00 a.m. directly to the Superintendent or his or her designee. All other Public Works, Buildings and Grounds and Park Maintenance Department employees, both full-time and seasonal, are required to notify the Superintendent or his or her designee by 7:00 a.m. on the day making the request for an emergent unpaid personal or vacation day.
[Amended 4-8-2010 by Ord. No. 12-10]
F. 
All requests over 10 days do not qualify as short-term absences. Requests for unpaid leave in excess of 10 days would be deemed requests for a leave of absence and are subject to the provisions set forth under § 61-12, entitled "Leaves of Absence," set forth below and pursuant to the provisions under Section 401.3, entitled "Leaves of Absence," described in the Township's Employee Personnel Policies and Procedures Handbook.
[Added 3-12-2009 by Ord. No. 6-09]
In accordance with the requirements of the Fair Labor Standards Act (FLSA), nonexempt (hourly) employees eligible to receive overtime pay shall be compensated for overtime work as follows:
A. 
Overtime shall be paid on a weekly, not daily, basis. Overtime shall be paid for hours worked in excess of 40 hours in a workweek. For overtime computation purposes, the workweek begins at 12:01 a.m. on Monday and ends 12:00 midnight on the following Sunday.
(1) 
Example: An employee works nine hours on Monday, works seven hours on Tuesday, and works eight-hour days on Wednesday, Thursday and Friday. Under this policy, the employee will receive no overtime. Overtime is based on weekly hours, not daily hours. The one extra hour of worked on Monday was offset by the one hour of reduced work time on another day falling in the same workweek. Thus, the employee's total hours for the week equal 40.
(2) 
Example: An employee works nine hours on Monday, and works eight-hour days on Tuesday, Wednesday, Thursday and Friday. Under this policy, the employee has worked one hour of overtime for the workweek. The one extra hour worked on Monday was not offset by reduced work time on any other day during the same workweek. Thus, the employee's total hours for the week equal 41.
(3) 
Example: A forty-hour (eight hours per day) employee works a regular forty-hour week, works one extra hour on Sunday, and reports to work one hour late (with permission) on Monday. Under this policy, the employee has worked one hour of overtime for the workweek. The one extra hour worked on Sunday was not offset by reduced work time on any other day during the same workweek. Monday falls in the next workweek.
B. 
The rate of overtime compensation shall be as follows:
(1) 
For employees regularly scheduled to work 40 hours per workweek, overtime shall be paid at the time-and-one-half rate for all hours worked in excess of 40 in a given workweek.
(2) 
For employees regularly scheduled to work 35 hours per workweek, straight time rates for hours worked in excess of 35 and up to 40 in a given workweek, and overtime at the rate of time and one-half for all hours worked in excess of 40 in a given workweek.
C. 
Entitlement to overtime compensation shall be based upon hours actually worked. However, vacations and hours worked in excess of 40 hours on Saturday work assignments following a scheduled legal holiday shall be included or considered as time worked in determining entitlement to overtime compensation. Sick leave and compensatory time shall not be included or considered as paid time off in determining entitlement to overtime compensation.
[Amended 6-25-2009 by Ord. No. 11-09]
(1) 
Example: A thirty-five-hour (seven hours per day) employee takes seven hours of sick leave on Monday, and stays two hours late on Friday. The employee would not receive overtime compensation. The employee actually worked four seven-hour days (28 hours), plus two late hours on Friday, for a total of 30 hours actually worked. The paid sick time is not counted toward overtime.
(2) 
Example: Same as above, except that the employee also works eight extra hours on Saturday. The employee has actually worked four seven-hour days (28 hours), plus two late hours on Friday, plus eight hours on Saturday, for a total of 38 hours actually worked. The employee will receive three hours of extra pay at straight time rates. The paid sick time is not counted.
(3) 
Example: Same as above, except that the employee also works eight additional extra hours on Sunday. The employee has actually worked four seven-hour days (28 hours), plus two late hours on Friday, plus eight hours on Saturday, plus eight hours on Sunday, for a total of 46 hours actually worked. The employee will receive five hours of extra pay at straight time rates and six hours of overtime at time-and-one-half rates. The paid sick time is not counted.
D. 
In call-in situations, only the time actually worked will be considered in determining entitlement to overtime compensation, regardless of any minimum call-in pay guarantee.
E. 
Time actually worked on Saturday or Sunday will be paid at the appropriate overtime/extra pay rate (straight time or time and one-half, as appropriate) only to the extent such time actually worked on Saturday or Sunday exceeds those hours the employee is regularly scheduled to work in a given workweek.
[Added 3-12-2009 by Ord. No. 6-09]
A. 
Purpose. The Township has taken every precaution to provide a safe workplace and to make regular inspections of the buildings, grounds and vehicles. It additionally recognizes a standing Safety Committee that holds regular safety meetings. Common sense and personal interest in safety are the greatest guarantees of your safety at work. The cooperation of every employee is necessary to make our buildings, grounds and vehicles safe for our employees and visitors. Report immediately to your supervisor any condition or practice of employees you believe might cause injury to employees or the general public, or damage to public or private property or equipment.
B. 
Employee responsibility. It is the Township's expectation that employees entrusted with the use of Township property will do so in a judicious manner. Township-owned vehicles are maintained in proper working order and are expected to be returned in the same condition, barring unavoidable incidents.
C. 
Remedial action. Employees who are deemed by their department head and/or Supervisor or by the members of the Safety Committee to have been negligible in their operation or care of Township property, vehicles or equipment will be subject to the following progressive measures:
(1) 
First occurrence: retraining. The method of retraining (discussion of incident, video viewing, schooling, etc.) shall be dependent upon the type and severity of the safety incident.
(2) 
Second occurrence: verbal reprimand. A verbal reprimand shall be given to the employee by his/her supervisor or designee. The employee will be advised of the ramifications of his/her actions, along with a detailed explanation of the Township's policy regarding property damage, including what actions will be taken if additional occurrences are reported. Although the warning will be verbal, a note will be added to the employee's personnel file, along with notification to the Safety Committee, documenting the employee's second occurrence.
(3) 
Third occurrence: written reprimand. A written reprimand, discussed with and signed by the employee, will be given to the employee and a copy kept in his/her personnel file. The reprimand will include information on the ramifications of any additional safety infractions. His/her supervisor will forward a copy of the written reprimand to the Township Administrator.
(4) 
Fourth occurrence: leave of absence/probation. Following a fourth safety infraction, the employee's department head/supervisor and/or Township Administrator will determine if the employee is to be subject to an unpaid leave of absence or placed on probation, and for what length of time. While on probation, the employee will be denied the opportunity to work overtime or any additional hours other than that of his/her standard workweek. Depending upon the severity of the offense, the employee may be subject to restitution, as determined by his/her supervisor and the Township Administrator. Written documentation will be included in the employee's personnel file, with copies being forwarded to the Township Administrator.
(5) 
Fifth occurrence: restitution/termination. The employee will be subjected to either restitution or dismissal, or both, as determined by the Business Administrator.
(6) 
Restitution for intentional damage: If at any time it is proven that the damage caused by an employee was intentional, or done with deliberate disregard to the Township's property, or the employee was in the act of a non-work-related activity, any or all of the steps described above may be eliminated at the discretion of the Business Administrator and the employee subject to making full restitution for any and all damages and/or termination of employment or both.
[Added 3-12-2009 by Ord. No. 6-09]
Preamble. The policy listed herein supplements the computer and internet use policy established for Township employees as specifically described in the Township's Employee Personnel Policy and Procedures Handbook under Section 601.7, entitled "Computer and Internet Use Policy."
A. 
Purpose. E-mails pertaining to Township business are considered public records. Therefore, when elected officials and/or volunteers utilize e-mails to discuss or communicate issues regarding Township business, such communication is considered a public record. The Township is responsible to maintain all public records and, therefore, the purpose of this policy is to maintain such e-mail communications and to provide for efficient records management, not only for the Township of Hanover, but for the individuals who utilize e-mail to discuss any Township business.
B. 
E-mail policy. The Township hereby adopts the following e-mail policy for elected officials and volunteers:
(1) 
It shall be the responsibility of the Township's Chief Municipal Finance Officer to provide all members of the governing body with an e-mail account in order to transact communications pertaining to Township business. In addition, upon request, any member of a Township board, commission or committee may be provided with an e-mail account for the purpose of communicating with any Township elected or appointed official or other board, commission or committee members.
(2) 
Upon receiving an assigned e-mail account, the individual obtaining such an account will provide the Business Administrator with a signed Consent form as prepared by the Township Attorney which shall memorialize compliance with all of the terms of this policy.
(3) 
Each elected official or volunteer board, commission or committee member utilizing an e-mail account will agree as follows:
(a) 
The account will only be used for official Township business. In the event the individual receives an e-mail on his or her personal computer or e-mail account relating to Township business, he or she will immediately copy the e-mail together with all attachments to his or her official Township email address. The response to such communication will be from the official Township e-mail account;
(b) 
The respondent will also notify anyone who communicates to his or her personal e-mail account regarding Township business that all future correspondence and e-mails pertaining to the Township of Hanover must be sent to his or her official Township e-mail address; and
(c) 
In the event the individual receives a personal e-mail on his or her Township account, he or she will immediately advise the sender that personal e-mails should not be sent to his or her Township account.
(4) 
Each elected official and volunteer board, commission or committee member utilizing an e-mail account agrees never to correspond with the majority of the members, whether it may be the Township Committee, Planning Board, Zoning Board of Adjustment or any other board, commission or committee that is part of the e-mail policy. Specifically, for example, if a particular board has five members, then the individual agrees that he or she will direct any single communication to no more than two members of such board, commission or committee. This also applies to the governing body; and, if the individual wants to communicate with all members of a board, he or she should direct such correspondence to the Chairperson and/or the Business Administrator and request to be heard at the next regularly scheduled meeting when the Township Committee, board, commission or committee convenes.
(5) 
The e-mail account and all access information shall be the property of the Township and the individual utilizing the e-mail account understands, acknowledges and consents to the Township Administration having access to the account and that all communications contained therein, except where otherwise excluded by law, may be subject to public disclosure.
(6) 
Each individual utilizing the e-mail account will take no action in any way to permanently delete any information or e-mails that are sent to the Township e-mail account.
(7) 
The Township shall maintain and properly back up all e-mails in accordance with all state record retention laws.
(8) 
Each individual elected or appointed to any board, commission or committee in the Township of Hanover understands that the use of personal e-mail accounts to engage in Township business may result in those personal accounts being subject to the provisions of the Open Public Records Act (OPRA)[1] and/or other statutes pertaining to access to government records.
[1]
Editor's Note: See N.J.S.A. 47:A-1 et seq.
[Amended 2-6-1975 by Ord. No. 1-75; 6-23-1988 by Ord. No. 15-88; 7-11-1991 by Ord. No. 16-91; 8-24-1995 by Ord. No. 25-95]
A. 
The Township Committee may grant the privilege of a leave of absence without pay to any full-time civilian or uniformed employee who has been employed by the Township of Hanover for at least 12 months and for at least 1,000 hours during the immediately preceding twelve-month period. A leave of absence may be granted for a period not to exceed six consecutive calendar months. Such leave of absence may be extended for a second and final leave not to exceed six consecutive months. The initial and subsequent leaves of absence must be approved by resolution of the Township Committee prior to the taking of any leave of absence. If, however, an emergent situation should arise before the Township Committee can take formal action, a confirming resolution may be done subsequently.
(1) 
Any leave granted to an employee must include all unused vacation time as part of the leave. Leaves of absence without pay shall include the following types:
(a) 
Personal.
(b) 
Educational.
(c) 
Vacation.
(2) 
During the leave of absence period(s), an employee shall cease to receive all health and dental benefits, effective the first leave of absence day. The employee, however, shall have the option to continue either or both benefits by enrolling in COBRA and making payment directly to the North Jersey Health Benefits Insurance Fund for the duration of the leave of absence. Depending on the type of leave, an employee is not precluded from applying for and receiving disability coverage through the private employee disability plan.
[Amended 5-12-2005 by Ord. No. 15-2005]
(3) 
At the request of an employee on a leave of absence without pay, the Township's Chief Municipal Finance Officer shall be responsible in contacting the New Jersey State Division of Pensions to determine how the employee's leave of absence status will affect life insurance and pension coverages during the leave period.
(4) 
Unless it is an emergent condition or unforeseeable circumstance, an employee must submit a written request for a leave of absence to his/her department head at least 30 working days prior to the requested leave of absence date. It shall be the responsibility of the department head to provide the Township Administrator with the original letter request for recordkeeping purposes and submission to the governing body.
(5) 
The initial and subsequent leaves of absence shall be approved by resolution of the Township Committee.
B. 
Service on the Election Board and campaign activities. Any employee who works on a Board of Election or as a candidate or campaign worker shall not be paid for absence from his/her scheduled duties during the time he/she is engaged in such activities. Time off for such activities may be taken from scheduled duties only upon approval of the department head; provided, however, that scheduled time off shall not be granted if an employee is a candidate or campaign worker.
C. 
Military duty.
(1) 
Leaves of absence will be granted to employees who are members of the National Guard or one of the reserve components of the Army, Navy, Air Force, Marine Corps. or Coast Guard for field training duty and emergency service authorized and conducted by the various branches of the United States Armed Forces.
(2) 
The leaves of absence will be granted with credit for time, with eligibility to all benefits and with eligibility to sickness benefits if, at the termination of the leave, the employee is unable, on account of disability, to return to duty.
(3) 
The employee shall make formal written request through the department head and Business Administrator to the Township Committee immediately upon the receipt of orders.
(4) 
The employee shall submit a copy of the military order to the department head and Business Administrator, unless such order is of a classified nature. The employee, upon return from duty, shall submit a certificate showing the dates of participation in the training or emergency service.
(5) 
Payment for training duty shall be in accordance with the appropriate state statutes which apply to the various types of military training duties.
D. 
Family and medical leave.
[Amended 2-25-1999 by Ord. No. 8-99; 2-25-2010 by Ord. No. 6-10]
(1) 
General policy. There may be occasions when an employee requests to be temporarily relieved of his or her work responsibilities for family medical leave. In such instances, the Township will grant leaves of absence in accordance with the requirements of the federal Family and Medical Leave Act ("FMLA") and New Jersey Family Leave Act ("FLA"). Under the FMLA, eligible employees who request leave because of i) the birth, adoption or placement of child in foster care with the employee; ii) the employee's serious health condition; or iii) the serious health condition of the spouse, child or parent of the employee, will be granted unpaid FMLA leave of up to 12 weeks in any twelve-month period. Under the FLA, eligible employees who request leave because of i) the birth or adoption of a child; or ii) the serious health condition of the spouse, child or parent of the employee, will be granted family leave of up to 12 weeks in any twenty-four-month period. Leave under either the FMLA or the FLA provides the employee with certain assurances of job security and continued employee benefits during the leave.
(2) 
Eligibility. Full-time (and some part-time) employees may be eligible for leave if they meet the requirements set forth below:
(a) 
FMLA. Employees are eligible for FMLA leave if:
[1] 
They have worked for the Township for at least 12 months; and
[2] 
They have worked at least 1,250 hours during the twelve-month period immediately preceding the start of the requested leave.
(b) 
FLA. Employees are eligible for FLA leave if:
[1] 
They have worked for the Township for at least 12 months; and
[2] 
They have worked at least 1,000 hours during the twenty-four-month period immediately preceding the start of the requested leave.
(3) 
Twelve- or twenty-four-month period. The Township will use a rolling twelve- or twenty-four-month period to measure eligibility for requested leave under either the FMLA or the FLA. This means that the twelve-month period under the FMLA or the twenty-four-month period under the FLA will be measured backwards from the date on which the leave is requested to commence.
(4) 
FMLA leave entitlement vs. FLA leave entitlement.
(a) 
FMLA leave may be taken for the following reasons:
[1] 
The birth, adoption or placement in foster care of a child;
[2] 
The employee's serious health condition; or
[3] 
The serious health condition of the spouse, child or parent of the employee.
(b) 
FLA leave may be taken for the following reasons:
[1] 
The birth or adoption of a child; or
[2] 
The serious health condition of the spouse, child, domestic partner, civil union partner or parent of the employee.
(c) 
If an employee requests leave that is covered by both the FMLA and the FLA, the leave simultaneously counts against the employee's entitlement under both acts. For example, if the employee requests leave for the birth of a child, such leave would be covered under both the FMLA and the FLA. The employee would therefore only be entitled to a total of 12 weeks of leave. If, however, the employee requests leave that is only covered by the FMLA, it shall not abridge the employee's right to request leave for reasons allowed under the FLA. This means that in certain limited circumstances, the employee may be entitled to up to 24 weeks' leave in a twelve-month period. For example, if the employee requests leave to care for his/her own serious health condition, such leave would only be covered by the FMLA. The employee could then request an additional 12 weeks for reasons allowed under the FLA, such as to care for a family member with a serious health condition.
(5) 
Definition of "serious health condition": An illness, injury impairment or physical or mental condition that involves:
(a) 
Inpatient care in a hospital, hospice or residential medical care facility; or
(b) 
Continuing treatment by a health care provider.
(6) 
Procedure.
(a) 
Notice. To the extent possible, advance written notice of a request for leave is required. When the need for leave is foreseeable, request for leave under this policy must be submitted in writing to the department head and the Township's Personnel Office at least 30 days prior to the date on which the employee wishes to commence leave. Forms are available in the Township's Personnel Office for this purpose. If it is not possible to give 30 days' notice, then the employee must submit written notice as soon as is possible. When the leave is for a planned medical treatment, the employee should endeavor to schedule the leave so as not to unduly disrupt his or her work. Employees seeking an extension of approved leave time must submit their request to the department head and the Personnel Office at least one week prior to the expiration of the approved portion of his or her leave.
(b) 
Medical certification.
[1] 
Medical certification of the need for leave is required where the leave is due to the serious health condition of the employee or the employee's spouse, parent or child. The Township will provide the employee with the appropriate medical certification form to be completed by the health care provider of the employee or his/her spouse, parent or child. The Township may also require subsequent recertifications on a reasonable basis. Failure to comply with the certification requirements may result in the delay or denial of leave.
[2] 
If the Township has reason to doubt the validity of the medical certification provided by the employee, the Township may require a second medical certification, at the Township's expense. Such certification will be completed by the health care provider of the Township's choice. If the second opinion differs from the opinion in the original certification, the Township may require, at its own expense, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee concerning the information in the certification. The opinion of the third health care provider shall be final and binding on the Township and the employee.
(7) 
Use of accumulated paid leave. All accrued vacation, personal leave, sick days, family leave, compensatory time and other paid time off: must be used by the employee for all or part of the employee's twelve-week family and medical leave if the employee seeks to receive compensation while caring for his/her own medical condition. Once any accrued paid leave is used, the remainder of the twelve-week leave shall be unpaid. When an employee is out of work on temporary disability or receiving workers' compensation benefits, his or her FMLA leave will run concurrently.
(8) 
Maintenance of benefits. While an employee is on leave, the Township will maintain its contributions to the employee's health insurance under the same terms as the plan in effect at the time the request is made, for a period of up to 12 weeks, if the employee is enrolled in the Township's health care plan at the time the request for leave is made. If applicable, the employee will be responsible for making timely payment to the Township of his or her share of the premium cost. To the extent the employee is still receiving a paycheck from the Township because of accrued paid leave, said premiums will be deducted from the employee's paycheck. If the employee is not receiving a paycheck from the Township during all or any portion of the leave, the employee shall make applicable premium payments in person or via mail to the Personnel Office by the 15th day of each month the employee is on leave. If the employee's premium payment becomes more than 30 days overdue at any time during the leave, coverage will be terminated by the Township. If the employee fails to return from leave, the employee will be required to repay the Township for its share of health insurance premiums paid for the employee during the leave, provided that the failure to return to work is not due to i) the continuance, recurrence or onset of a serious health condition; or ii) other circumstances beyond the employee's control.
(9) 
Accrual of paid time off. Vacation, personal leave, sick days and any other paid time off does not accrue during any period of unpaid leave.
(10) 
Return to work. Except for employees in key positions as defined by the law (see below), upon the employee's return to work, an employee taking an approved leave under this policy will be restored to the same or an equivalent position as held prior to the leave, with equivalent pay and benefits (unless the employee is unable to perform the essential functions of that position, with or without reasonable accommodation). In order to be restored to the same or an equivalent position, the employee must return from leave on the agreed-upon date (including any approved extensions) and the entire leave must last no more than 12 weeks. When an employee is returning from leave due to the employee's own serious health condition, the Township may require the employee to submit a medical certification of fitness for duty.
(11) 
Key employee exception. The Township may deny job restoration to certain highly compensated "key" employees. The Township will endeavor to advise employees of their status as a "key" employee at the time they request leave. However, if the Township deems it necessary to deny job restoration to a key employee who is already out on leave, the Township will inform the employee of its intention to so designate the employee and will offer the employee the opportunity to return to work immediately.
(12) 
Intermittent or reduced leave schedule. Generally, FMLA leave or FLA leave will be taken in a lump sum (i.e., consecutive days off from work up to 12 weeks). However, FMLA leave may be taken intermittently, or on a reduced schedule, in situations involving the serious health condition of the employee or his/her spouse, domestic partner, civil union partner, parent or child, if medically necessary and supported by medical certification. If an employee requests an intermittent or reduced leave schedule for reasons that are foreseeable based upon planned medical treatment, the Township may, at its discretion, temporarily reassign the employee to another position with equivalent pay and benefits that will better meet the needs of the Township and the public (if the employee is qualified for the position and a vacancy exists).
E. 
New Jersey paid family leave insurance. Employees who must care for a spouse, parent, child, civil union partner, or domestic partner ("family member") inflicted with a serious medical condition may be eligible for compensation from the State of New Jersey during the employee's time away from work. The insurance program, administered by the State of New Jersey, is designed to assist in reducing the financial hardship individuals may suffer while away from work in order to care for a family member. The Township does not pay the employee while he/she is out of work except during the employee's use of sick/personal/vacation days, and eligibility for the insurance program is at the discretion of the State of New Jersey; however, if the Township has reason to believe that the leave does not qualify for compensation through the insurance program, it reserves the right to present its information to the State of New Jersey for its review and consideration. The insurance program does not require that the Township maintain an employee's position with the company or return the employee to his/her position when the employee is done caring for a family member. An employee's return to his/her position is solely within the discretion of the Township.
[Added 2-25-2010 by Ord. No. 6-10[1]]
(1) 
Eligibility.
(a) 
To be eligible for compensation from the State of New Jersey, an employee must have worked 20 calendar weeks for a New Jersey employer within the 12 months preceding the need for the leave.
(b) 
The leave must be to care for a serious health condition of a family member, including a spouse, parent, child, civil union partner, or domestic partner. Caring for one's own serious medical condition is not a qualifying reason to receive compensation through the Paid Family Leave Insurance Program. If the employee is to care for a newborn child, then such care must be given within the first year of the child's birth in order for the employee to be eligible for insurance program compensation. If an employee is to care for a newly placed adopted child, in order to be eligible for insurance program compensation, the care must be provided within the first 12 months of the placement in the employee's home.
(c) 
A "serious medical condition" is an illness, injury, impairment or physical or mental condition which requires that the family member 1) receive inpatient care in a hospital, hospice, or residential medical care facility; or 2) continue medical treatment or continuing supervision by a health care provider.
(2) 
Compensation.
(a) 
To receive compensation through New Jersey Paid Family Leave Insurance Program, the employee must apply through the State of New Jersey. The Township will fill out the appropriate information concerning the employee's salary and other relevant information as needed. It is the employee's responsibility to apply for the compensation. The Township will assist in the process as required; however, it is not the Township's obligation to complete or submit the application on the employee's behalf.
(b) 
To be eligible for the Paid Family Leave Insurance Program, an employee must first use up to two weeks of his/her sick/personal/vacation days prior to receiving compensation from the State of New Jersey. If the employee has less than two weeks of sick/ personal/vacation days accumulated at the time the care is to be given, the employee must exhaust the accumulated sick/personal/vacation days prior to being eligible for compensation through the Paid Family Leave Insurance Program.
(c) 
An employee may receive four weeks of compensation through the insurance program, after having used up to two weeks of sick/personal/vacation days. During the insurance program compensation period, an eligible employee may receive up to 2/3 of his or her pay per week but no more than $524 per week from the New Jersey Paid Family Leave Insurance Program. The insurance program payment amounts are subject to change at the discretion of the State of New Jersey.
(d) 
Compensation while caring for a family member's serious health condition can be received while taking a block of time or intermittent time. As such, an employee may receive compensation if he/she takes six consecutive weeks off from work or takes up to 42 days intermittently to care for the family member. If the time is taken intermittently, all of the compensated days must be taken in a twelve-month period.
(3) 
Notice to the Township.
(a) 
To be eligible for the Paid Family Leave Insurance Program, an employee must provide "reasonable" notice to the Township that such leave is necessary. If an employee seeks to take intermittent leave, then no less than 15 days' notice is required, absent emergent or unforeseen circumstances.
(b) 
If the leave is to care for a newly born child or the placement of an adopted child, the employee must provide 30 days' notice to the Township. Failure to provide the required notice, absent extenuating circumstances, will result in the employee losing up to two weeks of compensation from the insurance program.
[1]
Editor's Note: This ordinance also redesignated former Subsection E, Nonaccural of vacation time, sick leave or seniority during a Township and/or federal family medical leave, as Subsection F.
F. 
Nonaccrual of vacation time, sick leave or seniority during a Township and/or federal family medical leave. During a Township leave of absence or a leave of absence pursuant to the provisions of either the New Jersey State or Federal Family Medical Leave Acts, as defined herein, no employee shall be eligible or entitled to earn and accrue vacation and sick leave days or seniority during the period of leave.
[Added 4-8-1999 by Ord. No. 12-99]
A. 
Holiday hours. "Holiday hours" are defined as a twenty-four-hour period between 12:00 midnight of the day preceding the holiday and 12:00 midnight of the holiday.
B. 
Municipal employees.
[Amended 7-9-1992 by Ord. No. 23-92; 4-13-1995 by Ord. No. 10-95; 11-13-2003 by Ord. No. 24-2003]
(1) 
For purposes of holiday pay treatment, municipal employees shall include all full-time and permanent part-time employees who are on the active payroll at the time of the holiday and would normally have worked on the day if it had not been a holiday. The exceptions to the above shall be employees employed specifically for the Bee Meadow Pool operation, recreation personnel for summer programs, Township Committeemen, and any other elected or appointed officials paid on a quarterly basis.
(2) 
In order to receive holiday pay treatment for a designated holiday, permanent part-time administrative, clerical and blue collar employees working less than 35 hours per week must work the scheduled day before and the scheduled day after a designated holiday. These permanent part-time employees must have a consistent and established weekly work schedule in order to qualify for holiday pay. (Example: a permanent part-time employee working a consistent three-day schedule such as every Monday, Wednesday and Friday. This example is for illustrative purposes only). It shall be the responsibility of the Business Administrator and/or a department head or bureau supervisor to prepare the established schedule for each permanent part-time employee under his/her supervision by December 15 prior to the beginning of every new calendar year. These schedules shall be reviewed and approved by the Township Chief Municipal Finance Officer in his capacity as payroll officer.
[Amended 1-24-2013 by Ord. No. 1-13]
C. 
Designated holidays.
[Amended 9-9-1993 by Ord. No. 30-93; 3-23-2018 by Ord. No. 8-17]
(1) 
For calendar year 2018, all full-time and permanent part-time civilian employees (including the employees of the Public Works, Buildings and Grounds and Park Maintenance Department) shall receive a holiday on July 3, 2018. Subsequently, beginning in 2018, and in all years thereafter, all full-time and permanent part-time civilian employees shall receive a holiday on the date set aside in January in observance of the birthday of Dr. Martin Luther King, Jr.
(2) 
The designated holidays for all full-time and permanent part-time civilian employees (including the employees of the Public Works, Buildings and Grounds and Park Maintenance Department) shall be as follows:
New Year's Day
Dr. Martin Luther King, Jr. Day
President's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
D. 
Sunday holidays. When any of these holidays falls on a Sunday, the following Monday shall be observed instead.
E. 
Saturday holidays. When any of these holidays falls on a Saturday, the preceding Friday shall be observed instead.
F. 
Holiday pay. "Holiday pay" is defined as an employee's day's pay at the straight time rate, paid for the holiday. For part-time employees, a day's pay shall be determined by the average day's pay for the three preceding pay periods. Holiday pay is in addition to payment for time worked on a holiday.
G. 
Payment for time worked on a holiday.
(1) 
Regularly scheduled employees who work Monday through Friday. All hours worked on an observed holiday will be paid for at the time-and-a-half rate for all municipal employees who are regularly scheduled to work Monday through Friday.
(2) 
Municipal employees with the titles listed below shall be excluded from eligibility for payment for time worked on a holiday.
(a) 
Administrator.
(b) 
Township Clerk.
(c) 
Police Chief.
(d) 
Deputy Chief.
(e) 
Superintendent of Public Works, Buildings and Grounds and Park Maintenance.
[Amended 4-8-2010 by Ord. No. 12-10]
(f) 
Tax Assessor
[Amended 7-11-1991 by Ord. No. 16-91]
(g) 
Treasurer.
(h) 
Tax Collector.
(i) 
Building Inspector.
(j) 
Township Engineer.
(k) 
Health Administrator.
(l) 
Recreation Director.
H. 
Holidays falling within a vacation period. If a holiday falls within an employee's vacation period, time off with pay will be granted for the number of hours for which the employee would have been entitled to receive pay for the holiday. This day off is called a "vacation holiday" and shall, for pay purposes, be treated the same as any designated holiday. Vacation holidays should be scheduled in advance and must be approved by the department head and the Administrator.
I. 
Reduced working day and additional holidays.
(1) 
The Township Committee may, at any regular public meeting, by majority vote, declare a reduced working day or additional holiday. A "reduced working day" is a part-day in which all regularly scheduled employees who regularly work Monday through Friday may be excused for a portion of the day and receive their regular pay for the excused portion.
(2) 
An "additional holiday" is a full working day that is designated as an additional holiday for one specific date. Additional holidays apply to all employees and, for pay purposes, shall be treated the same as any designated holiday.
J. 
Holiday workweek provisions. Municipal employees who do not work on a holiday and are paid for any other time in the workweek which includes the holiday will receive a holiday pay. This shall not be construed to require the payment of an amount in excess of five days' pay in any calendar week to any employee who has not worked any portion of that week.
[Amended 3-22-1979 by Ord. No. 7-79; 7-11-1991 by Ord. No. 16-91]
K. 
Holiday pay for temporary full-time summer employees.
[Added 9-9-1993 by Ord. No. 30-93[1] ]
(1) 
Temporary full-time summer employees shall be eligible to receive holiday pay compensation based on the following formula:
(a) 
The employee works the full calendar week prior to the holiday;
(b) 
The employee works the full calendar week, which includes the holiday; and
(c) 
The employee works the full calendar week after the holiday.
(2) 
This regulation applies to all temporary civilian full-time summer personnel in all departments except the temporary summer playground and Bee Meadow Pool employees.
[1]
Editor's Note: This subsection was adopted as Subsection J.1; however, former Subsection K was relettered as Subsection L so that this subsection would fall alphabetically within the section.
L. 
Administration. Each department head shall provide the necessary personnel information regarding holiday pay treatment to the Administrator. The Administrator shall maintain these records and ensure that these provisions regarding holiday pay treatment are uniformly administered for all employees.
[Amended 11-13-2003 by Ord. No. 24-2003; 4-13-2006 by Ord. No. 14-2006]
Full-time employees of the Township will receive health benefits coverage after two full months of active employment as follows:
A. 
Health benefits coverage.
(1) 
For those employees hired between the 1st and the 5th of a month, the first five days will be included in the two-month waiting period. Coverage will begin the first day of that month in which the two-full-month waiting period ends. (Example: An employee hired between the 1st and the 5th of January, will begin coverage on the first day of March).
(2) 
For those employees hired between the 6th and the 30th or 31st, two full months of active employment are required. Coverage will begin the first day of the calendar month following the completion of the waiting period. (Example: An employee hired between the 6th and the 31st of January will begin coverage on the first day of April).
B. 
Dental coverage. Dental coverage requires six months of active employment. Coverage will begin the first day of the calendar month following the completion of the waiting period.
C. 
On or after May 31, 2007, following the adoption and publication of this ordinance, any person hired by the Township as a full-time, civilian employee shall be responsible to pay 25% of the total monthly premium cost for health insurance/medical benefits coverage under a single, parent/child, husband/wife or family plan, as offered by the Township through the North Jersey Municipal Employee Benefits Fund ("the Fund"). The contribution cost per year, per employee, shall be calculated by the Township's Finance Department in accordance with the total premium costs assessed through the Fund in making available the various health insurance plans.
[Amended 5-24-2007 by Ord. No. 10-07; 10-28-2010 by Ord. No. 29-10]
D. 
Paid medical coverage for current and newly elected or re-elected Township Committee members.
[Added 10-28-2010 by Ord. No. 29-10]
(1) 
Effective January 1, 2011, current and newly elected or newly reelected members of the Township Committee shall not be entitled to receive paid medical and dental benefits coverage for themselves, their spouses and dependents.
(2) 
Any current, newly elected or newly re-elected member of the Township Committee who previously retired or resigned as an elected or appointed official or local, county or state employee, and is eligible as a retiree to receive medical benefits coverage for himself/herself, (including their spouses) will continue to do so and shall not be affected by the provisions of this subsection.
The Township Treasurer is hereby appointed as Payroll Officer and charged with the responsibility for and the authority to administer the provisions of this article.
[Last amended 4-12-2018 by Ord. No. 8-2018]
All salaries and rates of compensation for the job position classifications described under Job Position Classification Schedule B, in conformance with the above described Salary Guides, shall be effective and retroactive to January 1, 2018. Only those nonunion full-time and permanent part-time civilian employees whose positions are classified under Schedule B and the Salary Guides listed above, and currently on the payroll of the Township of Hanover at the time of adoption of this ordinance shall receive retroactive salary adjustments, except those employees who have retired from service on or after January 1, 2018, but prior to the adoption of this ordinance shall receive retroactive salary adjustments effective January 1, 2018, through the date of retirement. No other exceptions shall be made.
[Amended 5-14-1981 by Ord. No. 15-81]
A. 
The department head may approve payment for absence up to three days in case of death in an employee's immediate family or of a relative residing at the employee's home. This absence shall be permitted for funeral and funeral arrangements and shall conclude on the day of the funeral.
B. 
Immediate family shall be limited to spouse, children, mother, father, mother-in-law, father-in-law, sisters, brothers and the maternal and/or paternal grandparents of the employee and his or her spouse.
[Amended 3-11-1993 by Ord. No. 6-93]
C. 
Variations in the above practice may only be made with the approval of the Administrator within the limitations of his authority to approve payments for miscellaneous absence.
[Amended 5-27-1982 by Ord. No. 17-82; 7-12-1990 by Ord. No. 25-90]
A. 
Policy and procedures on the completion of employee job performance evaluations.
(1) 
Statement of intent. In completing any job performance evaluation, all department heads must keep in mind that there are three major and interrelated goals that are the objective of the evaluation process. These goals are as follows:
(a) 
To improve employee productivity.
(b) 
To enhance job performance.
(c) 
To foster job enrichment.
(2) 
Frequency of employee performance evaluations.
(a) 
Notwithstanding the employee performance evaluation procedures set forth herein, all employees, including department heads and the Township Administrator, shall be formally evaluated at least once a year.
(b) 
In accordance with the job performance evaluation procedures set forth below, the Township Committee reserves the right to terminate the employment of any probationary or any full-time employee within any step, and/or modify the job duties and responsibilities of any individual receiving an unsatisfactory job performance evaluation.
(3) 
Probationary employment. Any person employed by the Township of Hanover, pursuant to the current Salary Guide and Job Group Classifications, as set forth under Schedules A, A-1 and B,[1] and, irrespective of the starting Job Group Classification and Step, shall be required to serve as a probationary employee from the date of appointment for an uninterrupted six-month probationary period.
[1]
Editor's Note: Schedules, A, A-1 and B are on file in the office of the Township Clerk.
(4) 
Definitions of department director and department head. For the purpose of administering the job performance evaluation procedures, the following shall serve as definitions of department director and department head:
DEPARTMENT DIRECTOR
The committeeperson who serves as the liaison to an individual department such as the Department of Public Works, Buildings and Grounds and Park Maintenance.
[Amended 4-8-2010 by Ord. No. 12-10]
DEPARTMENT HEAD
The full-time Township employee appointed by the Township Committee as the person responsible for the day-to-day operations and supervision of a department (e.g., the Superintendent of Public Works, Buildings and Grounds and Park Maintenance).
[Amended 4-8-2010 by Ord. No. 12-10]
(5) 
Incorporation of evaluation form. The Township's Employee Job Performance Evaluation Form to be administered by all departments in the evaluation of employees is hereby incorporated into this article by reference as if set forth in full.[2]
[2]
Editor's Note: The Employee Job Performance Evaluation Form is on file in the office of the Township Clerk.
B. 
Administration of the job performance evaluation process.
(1) 
Employees hired at Step A, B or C.
(a) 
In the case of persons employed at Step A, B or C of any job group classification listed in Schedule B, it shall be the responsibility of the department head to submit a written job performance evaluation to the director of his/her department and the Township Administrator in accordance with the procedures for completing an employee job performance evaluation as described in Subsection C of this section. At least 20 working days prior to the expiration of the six-month probationary period, it shall be the responsibility of the department head to conduct the employee job performance evaluation. The job performance evaluation shall include a statement by the department head indicating whether or not the employee has performed in a satisfactory or unsatisfactory capacity. In the event of an unsatisfactory performance rating, it shall be the responsibility of the department head to notify the department director and Township Administrator of his determination.
(b) 
Upon the submission of an unsatisfactory employee job performance evaluation, the respective department director shall submit his/her findings to the Township Committee with a recommended course of action. Examples of suggested remedial actions may include but are not limited to the following:
[1] 
Extension of the initial probationary period for a minimum of 60 working days to a maximum of 90 working days in which case the advancement to the next step shall be postponed pending the receipt of a second employee job performance evaluation.
[2] 
Postponement of the advancement in step for a one-year period.
[3] 
Termination of the probationary employment at the conclusion of the initial probationary period or sooner.
(c) 
An employee hired in Step A, B or C receiving a satisfactory initial employee job performance evaluation at the conclusion of the six-month probationary period shall subsequently be evaluated on an annual basis prior to his/her anniversary date. The evaluation shall be administered by the department head at least 20 working days prior to the anniversary date.
(d) 
Any employee hired in Step A, B or C pursuant to Schedule B as set forth under § 61-4 of this article receiving an initial satisfactory employee job performance evaluation upon the successful completion of the six-month probationary period and having met all of the requirements of the position shall advance in salary to the next highest step. At that point, the new employee's anniversary date shall be established for purposes of calculating subsequent annual increments.
[Added 4-13-1995 by Ord. No. 10-95]
(2) 
Employees hired at Step 1 or above.
(a) 
In the case of an individual hired at Step 1 or above of any job group classification as set forth in Schedule B, that person shall also be required to complete a six-month probationary period. At least 20 working days prior to the expiration of the probationary period, it shall be the responsibility of the department head to complete a written job performance evaluation in accordance with the procedures described in Subsection C of this section on completion of the Job Performance Evaluation Form. This initial job performance evaluation shall include a statement by the department head indicating whether or not the employee has performed in a satisfactory or unsatisfactory capacity. In the event that an unsatisfactory job performance evaluation is rendered, the department head shall immediately notify his/her department director and the Township Administrator.
(b) 
Upon the submission of an unsatisfactory employee job performance evaluation, the respective department director shall submit his/her findings to the Township Committee with a recommended course of action. Examples of suggested remedial actions may include but are not limited to the following:
[1] 
Extension of the initial probationary period for a minimum of 60 working days to a maximum of 90 working days.
[2] 
Termination of the probationary employment at the conclusion of the initial probationary period or sooner.
(3) 
Job performance evaluation prior to one-year anniversary date. Since an individual hired at Step 1 or above does not receive an increment for a one-year period until the anniversary date is reached, said employee is subject to an annual employee job performance evaluation, which evaluation shall be administered by the department head at least 20 working days prior to the anniversary date. Should the employee receive an unsatisfactory job performance evaluation, it shall be the responsibility of the department director to report his/her findings to the Township Committee along with his/her recommendation as to a remedial action. Examples of suggested courses of action may include but shall not be limited to the following:
(a) 
Postponement of the employee's anniversary date increment pending the completion of a second job performance evaluation after a sixty- or ninety-day period.
(b) 
Postponement of the advancement in step for a one-year period.
(c) 
Termination of employment.
(4) 
Evaluation procedure for employees at Step 5.
(a) 
Any employee who has reached the maximum step on any Schedule A or A-1 adopted by way of a prior or current salary ordinance shall only receive an increase if he/she receives a satisfactory job performance evaluation. Prior to the adoption of any new salary ordinance which provides an adjustment for the step guide in each job grouping, it shall be the responsibility of the Township Administrator to prepare a listing of all those employees who at the time of the ordinance's introduction have reached the maximum of the scale at Step 5 of any job group classification. This list shall be prepared in the last quarter of the prior year and no later than November 30.
(b) 
Based on the listing provided by the Township Administrator, department heads with employees who are classified at Step 5 in any job group classification shall administer an employee job performance evaluation immediately and no later than December 15 in the year prior to the adoption of any new salary ordinance. If a Step 5 employee receives an unsatisfactory job performance evaluation, that employee shall remain at his/her existing salary for a minimum of six months.
(c) 
The following serves as an example of what is intended by the aforementioned subsection concerning the application of the job performance evaluation as it relates to salary increments for those employees at Step 5 covered by either Schedule A or Schedule A-1: If a Step 5 employee receives an unsatisfactory job performance evaluation, that employee shall be administered a second evaluation on June 1 of the current year. At the time, if the employee receives a satisfactory job performance evaluation, he/she will receive the percentage adjustment for Step 5 under the appropriate job classification in either Schedule A or A-1. The employee shall receive the percentage adjustment as of July 1 of the current year and shall not receive a retroactive percentage adjustment to the beginning of the calendar year.
(d) 
If an employee receives an unsatisfactory job performance evaluation, the employee's salary shall remain at the Step 5 level of the preceding year's salary until such time as the Step 5 evaluations are administered at the end of the calendar year. In any event, any employee withheld a percentage adjustment at Step 5 for an entire calendar year shall not attain parity as those Step 5 employees receiving satisfactory job performance evaluations on an annual basis.
(5) 
Anniversary date.
(a) 
Anniversary date change. Any employee classified in Step A through 5 whose anniversary date increment has been withheld as a result of receiving an unsatisfactory employee job performance evaluation shall have his/her anniversary date moved forward and a new date established. When a satisfactory follow-up evaluation is received, a new anniversary date will be determined by the Township Administrator.
[Added 4-13-1995 by Ord. No. 10-95]
(b) 
Anniversary date change due to absence. When an employee has been absence from work due to a leave of absence, or otherwise, for a period of time longer than a consecutive four-week period, the employee's anniversary date will be moved forward and the new date established by the Business Administrator/Township Clerk after such time that the employee has returned to work and worked a sufficient amount of time in order that his/her performance can be appropriately evaluated. This time period shall be within the total discretion of the Township as will the new anniversary date.
[Added 2-10-2000 by Ord. No. 2-2000]
C. 
Completing the form; job performance evaluation procedure. Since the employee's job performance evaluation is directly related to an individual's probationary period and/or anniversary date, the evaluation process must take place within a structured time frame. It shall be the responsibility of the department head to complete and discuss the evaluation with the employee and, in the case of an unsatisfactory performance evaluation, to report his/her findings to the department director within 20 working days prior to the completion of a probationary period or anniversary date.
(1) 
Completing Parts I and II of the form.
(a) 
The Township's Employee Job Performance Evaluation Form shall be completed in the following manner. For each question under Parts I, II and III, the department head shall place one check mark under one of five categories defined as "poor," "fair," "average," "good" and "excellent."
(b) 
An employee receiving a majority of check marks under the "average," "good" and "excellent" categories equates to a satisfactory evaluation. An employee receiving a majority of check marks under the "poor" and "fair" categories equates to an unsatisfactory evaluation. The comments under Part III shall also be taken into consideration in the ultimate determination as to whether or not an employee receives a satisfactory or an unsatisfactory rating.
(c) 
The following definitions constitute the meaning of satisfactory and unsatisfactory performance:
SATISFACTORY (RATINGS OF "AVERAGE," "GOOD" AND "EXCELLENT") — The level of performance which is considered adequate or above average in conforming to the requirements of the position. For the most part, satisfactory performance is reserved for the person who makes every attempt to do his/her best in performing the required job duties and responsibilities and who may also excel in superior performance in meeting or even exceeding the department head's expectations.
UNSATISFACTORY (RATINGS OF "POOR" AND "FAIR") — The level of performance which may be mediocre or consistently below the requirements of the position. Such a rating means that an employee is performing below adequate and minimum standards established by the Township.
(2) 
Completing Part III; descriptive evaluation.
(a) 
Department head's comments. Utilizing the space provided and/or on an attached sheet, the department head shall briefly describe and assess the employee's strengths and weaknesses on the job and what the employee can do to improve job performance and productivity.
(b) 
Employee's comments (optional).
[1] 
An employee shall have the option of offering written comments about his/her present job, how the employee views his/her present performance, what he/she expects from the position in future years and an assessment of his/her relationship with the department head and fellow employees.
[2] 
Disagreement with any of the department head's ratings under Parts I and II should also be noted under Part III if the employee so desires.
(3) 
Part IV, recommendation for advancement in step and salary increment. The salary certification portion of the form is to be completed by the department head. The department head shall be the person to recommend whether an employee will receive a step increment or annual adjustment.
(4) 
Part V, employee review (Part V of form).
(a) 
After the performance evaluation is completed, the department head shall discuss and review his/her evaluation with the employee. The employee shall be given sufficient time to review the completed form, comment and ask questions. During any evaluation session, department heads should make every effort to encourage employees to express both positive and negative feelings about the current position and any problems experienced on the job. At all times, the discussions should be candid and open.
(b) 
The evaluation process should be an opportunity for an open exchange so that if negative feelings exist, it is better that they be expressed rather than have the feelings result in serious job problems. Positive feelings should also be expressed since they can be helpful in building morale and motivating the employee toward enhanced productivity.
(c) 
Whenever possible, employee comments should be considered in planning an individual's future assignments. At the same time, department heads must make clear a willingness to help employees improve job performance and productivity.
(d) 
Following an employee/department head conference and after the notation of any written comments, the employee shall have the option of signing and dating the evaluation form. Signing the form shall not be construed to mean either employee approval or disapproval with the contents of the evaluation but solely to confirm the fact that the employee had the opportunity to review, discuss and comment on the evaluation with his/her department head. The signature is only intended to confirm the fact that the employee had the benefit of reviewing and discussing the evaluation.
(5) 
Department head signature. At the time the employee signs and dates the form, the department head will also sign and date the evaluation in the presence of the employee.
D. 
Review of evaluations by administrator and department directors; appeal process.
(1) 
Review by Township Administrator. It shall be the responsibility of the Township Administrator to review the job performance evaluation as to completeness. The Township Administrator shall sign and date the evaluation and then submit it to the appropriate department director if an unsatisfactory rating has been given.
(2) 
Committeeman/department director review. It shall be the responsibility of the department director/committeeman to review any unsatisfactory job performance evaluation. The employee shall have the right to meet with the appropriate committeeperson/liaison and/or department head to discuss the results of the evaluation if he so desires. If for any reason the overall job rating of an employee is changed and a modification of the salary certification occurs, it shall be the responsibility of the department head to notify the employee of the change.
(3) 
Appeal process.
(a) 
In accordance with past policy and procedure, the Township Committee reaffirms its belief that all employees have the right to direct access to the Township Committee in the resolution of any job performance evaluation.
(b) 
Any employee who is denied an advancement in step or the annual salary adjustment if he/she is at Step 5, as a result of an initial or a second evaluation, shall have the right to appeal the denial directly to the Township Committee. The appeal shall be made in writing and must be submitted through the Township Administrator no later than 20 working days following the completion of the evaluation. At the discretion of the Township Committee, an employee may also be permitted to orally present his/her case following the submission of the written appeal.
[Amended 6-27-1985 by Ord. No. 11-85; 6-12-1986 by Ord. No. 20-86; 6-23-1988 by Ord. No. 15-88]
For purposes of calculating salary increments, employees hired during the first five days of the month shall use the first of that month as their anniversary date. Employees hired on or after the sixth day of the month shall use the first of the following month as their anniversary date for the purpose of calculating salary increments.
[Amended 6-27-1985 by Ord. No. 11-85]
No person hired in a seasonal, temporary or part-time capacity shall construe his/her employment with the Township as a guaranty to either continuous or permanent reemployment in the same capacity or in a permanent full-time position at any time in the future. Reemployment is discretionary on the part of the Township, and employee performance shall be an important factor in considering future employment opportunities.
[Amended 6-12-1986 by Ord. No. 20-86; 6-23-1988 by Ord. No. 15-88; 3-22-1990 by Ord. No. 3-90]
A. 
Whenever during the calendar year an employee shall resign, retire or be dismissed from the service of the Township, any vacation time shall be prorated and taken prior to severance from the service of the Township.
B. 
If during the calendar year an employee should resign, retire or be dismissed from the service of the Township and, based upon certification of the appropriate department head, all of his/her vacation time has been taken, it shall be the responsibility of that individual to reimburse the Township for vacation time taken but not yet earned or accrued. The Treasurer shall then be empowered to garnish the final paycheck of any employee in order to compensate the Township or take whatever other appropriate action may be necessary to recover any moneys due the Township.
C. 
It shall be the responsibility of the Township Administrator to calculate the amount of prorated vacation time which may be taken by any employee who is voluntarily or involuntarily severed from the service of the Township.
D. 
Notwithstanding the provisions of Subsections A, B and C above, as an incentive to those full-time employees with 25 years or more of continuous service with the Township of Hanover, and retiring pursuant to a regular service retirement under the terms prescribed by the Public Employees' Retirement System (PERS) or, in the case of the Chief and Deputy Chief of Police who are enrolled under the Police and Firemens' Retirement System (PFRS), the Township shall not prorate the vacation days in the last year of service in recognition of that employee's meritorious service performance to the Township. However, in order to receive this consideration and qualify and be eligible to receive his/her entire vacation allowance without proration, an employee must submit his/her retirement notice to take effect on or after March 1 of the calendar year in which retirement is to take place. Any full time employee who may qualify under the terms of this provision shall make application to the Township Committee at least 60 calendar days prior to the date of retirement.
[Amended 5-9-1996 by Ord. No. 5-96; 4-8-1999 by Ord. No. 12-99]
E. 
Whenever a civilian employee shall resign from the service of the Township of Hanover, it shall be his/her responsibility to provide the Township Administrator with at least 10 working days' notice, in writing, prior to the date of resignation. The same notification requirements set forth above shall also apply to the uniformed members of the Police Department, except that such resignation notice shall be addressed and submitted, in writing, to the Chief of Police. It shall then be the responsibility of the Chief of Police to immediately forward the original letter of resignation to the Township Administrator for processing and recordkeeping purposes.
[Amended 8-24-1995 by Ord. No. 25-95]
F. 
Whenever a civilian employee shall retire from the service of the Township of Hanover, it shall be his/her responsibility to provide the Township Administrator with a minimum of 60 calendar days' notice, in writing, prior to the date of retirement. The same notification requirements set forth above shall also apply to the uniformed members of the Police Department, except that such retirement notice shall be addressed and submitted, in writing, to the Chief of Police. It shall then be the responsibility of the Chief of Police to immediately forward the original letter of retirement to the Township Administrator for processing and recordkeeping purposes.
[Amended 8-24-1995 by Ord. No. 25-95]
G. 
Whenever any civilian or uniformed employee of the Township submits a letter of retirement or resignation, the Township Committee shall approve a resolution formally accepting the retirement or resignation. Such formal action will be taken at the next regular TownshipCommittee meeting following the receipt of the letter of intent to retire or resign. Subsequently, if, after having submitted the initial letter, an employee submits a letter rescinding his/her retirement or resignation, reinstatement as a civilian or uniformed employee shall be at the sole discretion of the Township Committee. The governing body may consider reinstatement because of unforeseeable or extenuating circumstances which might create a hardship to the employee and/or his/her family. A resolution must be approved by the Township Committee rescinding the retirement or resignation in order to reinstate a civilian or uniformed employee.
[Added 8-24-1995 by Ord. No. 25-95]
H. 
In order to be eligible to receive health insurance benefits upon retirement, any civilian employee hired on or after January 1, 2001, and retiring in accordance with the provisions of the Public Employees Retirement System (PERS) following 25 years service credit must complete at least 20 of the 25 years of continuous service with the Township of Hanover. Periods of suspension, approved leaves of absence or periods of disability/medical leave shall not be deemed to break continuous service. Only time for which pension payments have been made shall be credited towards the continuous service requirement.
[Added 6-13-2002 by Ord. No. 12-2002]
I. 
Any civilian employee who files an application for an ordinary disability or accident disability retirement pension shall not be eligible upon retirement to receive health insurance benefits coverage through the Township unless 1) he/she has earned 25 years service credit through the Public Employees Retirement System and 2) completed at least 20 of the 25 years as continuous service with the Township of Hanover.
[Added 6-13-2002 by Ord. No. 12-2002; amended 11-13-2003 by Ord. No. 24-2003]
J. 
Any person hired by the Township to fill a full-time civilian position on or after May 31, 2007, following the adoption and publication of this ordinance, and any person elected to serve on the Township Committee for their first term in office on or after January 1, 2008, shall not be eligible to receive health insurance/medical benefits coverage upon retirement irrespective of the number of years of earned net credited service with the Township and through the Public Employees Retirement System. At the time of retirement, the spouses and dependents of said retirees shall also not be eligible to receive any health insurance/medical benefits coverage as well.
[Added 5-24-2007 by Ord. No. 10-07]
[Added 6-12-1986 by Ord. No. 20-86]
If an employee is assigned to work in a job group with a higher salary classification for a period that exceeds 10 consecutive working days, such employee shall be paid at a step within the job group of the higher salary classification, which step shall be determined by the Township Committee and Township Administrator.
[Added 5-13-1993 by Ord. No. 16-93; amended 4-8-2010 by Ord. No. 12-10]
A. 
In order to accommodate the daily work assignments of the Department of Public Works, Buildings and Grounds and Park Maintenance, insofar as the driving of sanitation trucks and/or the operation of heavy equipment, the Superintendent of Public Works, Buildings and Grounds and Park Maintenance and/or his Assistant Superintendent, at their discretion, shall select and assign any Job Group IV employee of their choosing to temporarily work in the position of Truck Driver II/Equipment Operator. Said employees must possess a valid and current commercial driver's license issued by the State of New Jersey. Any employee assigned to drive shall be compensated within the higher salary classification of Job Group V at a step to be determined by the Superintendent or Assistant Superintendent. Employees will only be compensated for the actual hours worked out-of-title in the performance of those duties and tasks as a Truck Driver II or Equipment Operator.
B. 
Temporary out-of-title provision.
[Amended 2-25-1999 by Ord. No. 8-99]
(1) 
This temporary out-of-title provision shall only be applicable in the following instances:
(a) 
When driving a sanitation truck with a crew which vehicle operation requires a Class B Commercial Driver License in the curbside collection and hauling of solid waste, grass clippings and/or recyclable materials; and
(b) 
When driving other motor vehicle equipment with a crew which vehicle operation requires a Class A Commercial Driver License in the curbside collection of leaves.
(2) 
The temporary out-of-title provision is not applicable to the plowing and removal of snow.
[Added 7-9-1992 by Ord. No. 23-92]
As part of the Township's overall job performance evaluation program, the employee evaluation/warning report may be utilized by department heads and/or the Township's Business Administrator as a means of providing an employee with advanced written notification of a work-related deficiency and/or infraction of conduct that requires immediate corrective action. All such warning reports shall be reviewed and discussed with the employee.
[Added 1-26-1995 by Ord. No. 2-95]
A. 
Any Township officer or employee whose position is not specifically provided tenure or other procedure for removal or disciplinary action by statute or another provision of the Code of the Township of Hanover is an employee at will and may be terminated at any time for no cause. When cause is cited as a reason for disciplinary action, such officer/employee shall be subject to disciplinary action, including but not limited to reprimand, deduction of pay, suspension from work, reduction in grade or dismissal according to the nature or aggravation of his/her offense, for violation of regulations, orders or resolutions or for any violation of the rules or for no reason. The following violations of Township rules and regulations are examples of actions which could result in the above-referenced discipline, if a cause is in fact provided. The Township shall not be limited to the below causes for imposition of disciplinary action.
(1) 
Intoxication.
(2) 
Insubordination (willful disobedience of an order).
(3) 
Indecent, profane or harsh language.
(4) 
Disrespect to a superior officer/employee.
(5) 
Absence without authorized leave.
(6) 
Immorality, indecency or lewdness.
(7) 
Excessive absenteeism, tardiness or absence without leave.
(8) 
Inability to perform assigned duties.
(9) 
Conviction of any criminal charge or disorderly persons offense.
(10) 
Conduct subversive of good order and discipline of the Township.
(11) 
Failure to report for assigned shifts or emergency duty.
(12) 
Mishandling or destruction of Township property or equipment.
(13) 
Use of Township property or equipment without the appropriate licensing requirements.
(14) 
Conduct in violation of the Antiharassment Policy as defined in the Code of the Township of Hanover, § 61-25.
(15) 
Other sufficient cause.
B. 
The Township Committee believes that all employees should have the right to direct access to the Township Committee in the resolution of any complaint arising out of discipline received by an employee. Accordingly, upon receipt of notice of a proposed disciplinary action, the employee may file an appeal thereto as outlined herein.
C. 
Any employee who is disciplined pursuant hereto shall have the right to appeal the action directly to the Township Committee. The appeal shall be in writing and submitted to the Business Administrator within five working days after the employee's notification of the disciplinary action. Failure to submit a written appeal to the Business Administrator within five working days shall act as a waiver of the appeal process and the disciplinary action will be final and binding.
D. 
The Township Committee may provide an employee the opportunity for a hearing before the Township Committee prior to the imposition of major discipline, which shall be defined as a fine or suspension in excess of five days. If the employee seeks a public hearing, he/she must submit a written request to the Business Administrator no later than 72 hours in advance of the scheduled hearing.
E. 
The Township Committee, in its discretion, may designate a hearing officer for the purpose of conducting the disciplinary hearing. The hearing officer shall, if appointed, submit his report and recommendation to the Township Committee as an initial decision. The Township Committee may accept, reject or modify the initial decision of the hearing officer.
F. 
The Township Committee's decision shall be final and binding on all parties.
G. 
The provisions contained herein shall not supersede any statutory provisions, Township rules and regulations or ordinances governing any of its departments as to disciplinary procedures.
H. 
The Table of Recommended Penalties shall be utilized as a resource when assessing the proper degree of disciplinary action.
Table of Recommended Penalties
Type of Offense
First Offense
Second Offense
Third Offense
Intoxication or under the influence of illegal drugs*
Written reprimand; or 1 day's suspension**
1 to 3 days' suspension
3 to 10 days' suspension; or removal
Insubordination (willful disobedience of an order)
Written reprimand; 1 to 3 days' suspension; or removal in extreme cases if the offense is grossly detrimental to management's control of the work force or of the work situation
4 to 6 days' suspension; or removal
7 to 10 days' suspension; or removal
Disrespect to a superior officer or employee
Written reprimand; 1 to 3 days' suspension; or removal in extreme cases if the offense is grossly detrimental to management's control of the work force or of the work situation
4 to 6 days' suspension; or removal
7 to 10 days' suspension; or removal
Indecent, profane or harsh language
Written reprimand
1 to 3 days' suspension
4 to 6 days' suspension; or removal
Absence without authorized leave
Written reprimand; or 1 to 3 days' suspension charging absence to leave without pay; or removal if absence exceeds 5 consecutive days
4 to 6 days' suspension charging absence to leave without pay; or removal if absence exceeds 5 consecutive days
7 to 10 days' suspension; or removal
Immorality, indecency or lewdness
Written reprimand
1 to 3 days' suspension
4 to 6 days' suspension; or removal
Excessive absenteeism, tardiness or ab- sence without leave
Written reprimand; 1 to 3 days' suspension or removal in extreme cases if the offense is grossly detrimen- tal to manage- ment's control of the work force or of the work situa- tion
4 to 6 days' suspension; or removal
7 to 10 days' suspension; or removal
Inability to perform assigned duties
Verbal warning; or written reprimand
Written reprimand; or 1 to 3 days' suspen- sion
Removal; or demotion (if position is available)
Conviction of any criminal charge or dis- orderly persons offense
Written reprimand; 1 to 3 days' suspension; or removal in extreme cases if offense is grossly detrimental to management's control of the work force or of the work situation
4 to 6 days' suspension; or removal
7 to 10 days' suspension; or removal
Engaging in the harassment of a co- worker, subordinate employee or super- visor as prohibited by § 61-25
Verbal or written reprimand, transfer or removal, depending on the circumstances of the case
Removal
Conduct subversive of good order and discipline of the Township
1 to 5 days' suspension if offense is minor; removal for major offense
Removal
Failure to report for assigned shifts or emergency duty
Written reprimand; 1 to 3 days' suspension; or removal in extreme cases if the offense is grossly detrimental to management's control of the work force or of the work situation
4 to 6 days' suspension; or removal
7 to 10 days' suspension; or removal
Mishandling or destruction of Township property or equipment
Official written reprimand or 1 to 10 days' suspension if the offense is minor; removal for major offenses
Removal
Use of Township equipment without the appropriate licensing require- ments
1 to 5 days' suspension or removal
3 to 10 days' suspension or removal
Removal
NOTES:
*Before considering disciplinary action against employees for reasons of intoxication or illegal drug use, refer to the Hanover Township Employee Drug Screening Policy and Guidelines.
**All suspensions, regardless of duration, are without pay.
I. 
A copy of this new policy and its procedures governing disciplinary action or dismissal shall be posted in each department and distributed to all employees.
[Added 1-26-1995 by Ord. No. 2-95]
A. 
The purpose of this policy is to eradicate any form of harassment from the workplace, including but not limited to harassment or discrimination as a result of race, color, age, national origin, religion, sex, sexual orientation, marital status, handicap and veteran status. The Township of Hanover shall not tolerate any type of harassment or discrimination between employees and coworkers or employees and supervisors, regardless of the working relationship that the employees may have.
B. 
All Hanover Township employees shall be able to enjoy a work environment free from any discrimination or harassment.
(1) 
Said employees are protected from harassment or discrimination in the workplace for the following reasons: race, color, age, national origin, religion, sex, sexual orientation, marital status, handicap and veteran status.
(a) 
Harassment shall include the circulation of written materials which may be degrading to one particular gender or race, religion, national origin, sex, sexual orientation, marital status, handicap and veteran status; ethnic or sexual joking; verbal abuse; or insults concerning the above-mentioned categories.
(b) 
Harassment shall also include behavior or actions which interfere with an employee's work environment.
(2) 
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature, including conduct or comments related to one's gender.
C. 
The Township's department heads shall instruct employees of the Township's Antiharassment Policy and shall direct any employee to immediately cease any suspected harassment of any kind whatsoever of which he/she becomes aware.
D. 
In the event that a Township employee believes that he/she has been discriminated against or harassed in any way whatsoever, by either a coworker or a supervisor, the employee should immediately contact the Township's Business Administrator to file a formal complaint against the offender. At the same time the employee should, if possible, notify the offender that his or her behavior is inappropriate for the workplace and is offensive to the individual employee.
(1) 
Immediately after receiving a complaint of discrimination and/or harassment of any kind whatsoever, the Township's Business Administrator shall conduct a thorough interview concerning the alleged discrimination and/or harassment by interviewing any alleged witnesses, investigating, corroborating facts and confronting the alleged offender.
(2) 
At all times herein, the Township of Hanover will maintain the confidentiality of the victim to the greatest extent possible.
(3) 
After a thorough investigation into the charges, the Township's Business Administrator shall review findings of fact and issue a determination. Based upon these findings of fact, the Township Committee may take appropriate disciplinary action against any offenders of the Township policy, up to and including immediate discharge. In some cases, it may be appropriate to immediately transfer an alleged offender to prevent a recurrence of discrimination or sexual or other harassment depending upon the severity of the complaint. Any disciplinary action will be dispensed in accordance with the provisions set forth in § 61-24 of the Code of the Township of Hanover entitled "Causes for disciplinary action or dismissal."
(4) 
Should the Township Committee determine that there was insufficient cause to establish discrimination and/or harassment, the Township's Business Administrator shall attempt to monitor the situation for any future difficulties.
E. 
A copy of the Township's Antiharassment Policy shall be posted in each department and distributed to all employees.
[Added 8-24-1995 by Ord. No. 25-95]
A. 
Before a civilian or uniformed employee is permitted to return to the workplace following a job- or non-job-related injury or illness, it will be necessary for the employee to be examined by a general practitioner or specialist selected by the Township Administrator from the approved Medical Panel List provided by the Morris County Municipal Joint Insurance Fund. The purpose of the medical examination for both job- and non-job-related injuries or illnesses is to determine if the employee is capable of performing full or limited duties and whether his/her return to the workplace could jeopardize the employee's health and safety or the health and safety of other employees.
B. 
The treating physician will be required to complete and sign a Medical Authorization for Limited Duty or Absence Due to Injury form. On the form, the physician will specify the type of physical activity an employee might be capable of performing based on the limited duty job classifications rankings of the Morris County Municipal Joint Insurance Fund.
C. 
If an employee recuperating from a job-related injury or illness is not authorized by the physician to perform limited or full duties, the employee will not be allowed to return to the workplace until such time as the treating physician gives permission. In such instances, the employee's status will continue as a worker's compensation leave of absence.
D. 
An employee recovering from an extended, non-job-related injury or surgical procedure, in excess of three consecutive workdays, will be required to submit a physician's certificate explaining the nature or extent of the disability and whether or not the employee can return to the workplace and perform his/her full duties or limited duties. Should there be some question on the part of a department head that an employee is either not capable of performing his/her normal duties or that the employee should, in fact, be performing limited duties, the Township maintains the right to obtain a second medical opinion. The employee will be required to undergo an examination performed by a physician selected and paid by the Township.
E. 
The same return-to-work regulations and procedures described above for job-related illnesses and injuries shall also apply to non-job-related incidents. However, if an employee recuperating from a non-job-related injury or illness is not authorized by the physician to perform limited or full duties, the employee will not be allowed to return to the workplace until such time as the treating physician gives permission. In such extraordinary circumstances, the employee's status will be designated as a sick leave, and the employee may utilize vacation, sick or personal days. In the alternative, an employee may also request a leave of absence without pay.
[Added 8-24-1995 by Ord. No. 25-95]
A. 
The Township has developed a Tuition Aid Plan to provide opportunities for its civilian and uniformed municipal employees who wish to undertake off-the-job instruction in a field of learning which would be of benefit to the municipality as well as the employee.
B. 
The plan is designed to encourage and assist employees in furthering their self-development through after-hours study at the undergraduate and graduate levels at four-year and two-year accredited institutions of higher learning.
C. 
Certain nondegree credit courses that relate to special skills or license qualifications required for employment may be approved at the discretion of the Township Committee.
D. 
Eligibility requirements. All full-time permanent civilian and uniformed municipal employees are eligible to participate in the plan. An employee is eligible to enroll in a course or a core curriculum of study following the successful completion of the probationary employment period. in addition, an employee must be continuously employed by the Township from the time the course(s) begins through the completion date of the course(s).
E. 
Preapproval of core curriculum of study.
(1) 
Prior to enrolling in any course or core curriculum of study leading to an undergraduate or graduate degree, an employee must first submit a description of the course or curriculum of study for the prior approval of the Township Administrator. The course description(s) must provide specific information on the subject matter and its job-related significance. Such descriptions may be taken from a course manual or as provided by the college's Director of Admissions. The description of the course or total core curriculum must be submitted to the Township Administrator at least four calendar weeks before an employee registers at the college or university. This information shall be attached to the Township's Tuition Aid Plan Application form known as "Form T.A.-1."
(2) 
To be considered for preapproval, the courses should:
(a) 
Be related to the employee's current job or possible future job assignment with the Township.
(b) 
Improve the employee's usefulness to the Township.
(c) 
Be taken at a fully accredited college, university, community college or trade school.
(3) 
The plan provides for attendance in person. Correspondence and television courses are excluded.
F. 
Administration of plan.
(1) 
The overall Tuition Aid Plan for educational benefits shall be coordinated by the Township Administrator. He shall have overall responsibility for coordinating and administering the plan, in accordance with the approved terms and procedures as outlined herein.
(2) 
Upon receiving the tuition aid application form-1, the Township Administrator will ascertain whether the course or core curriculum of study and the institution of higher learning are in accordance with the plan requirements. An approved application shall be returned to the eligible employee, through the department head, no later than 10 calendar days following the receipt of the application. If an application is not approved, it shall be returned to the employee in the same manner as above with the reason for the rejection stated on the form.
G. 
Department head responsibility. It shall be the responsibility of the department head to provide all his/her employees with a basic understanding of the plan and especially the application process and procedures. An application for participation must be completed and forwarded to the department head for review and approval prior to its submission for final approval by the Township Administrator.
H. 
Procedures.
(1) 
The plan will provide tuition aid reimbursement to any eligible civilian or uniformed employee who has satisfactorily completed a job-related college course. An employee will be eligible to receive a maximum of $600 per semester not to exceed $1,200 in any one calendar year. The calendar year is based on the completion date of the course or courses taken. Registration, application, laboratory and similar fees qualify for reimbursement. Costs for text books, supplies, parking, late registration fees, deferred payments, student activity or student facility fees are not eligible for reimbursement.
[Amended 3-13-1997 by Ord. No. 10-97]
(2) 
To qualify for reimbursement, the employee must:
(a) 
Present receipts for the amounts paid to the college or university.
(b) 
Complete the course with a grade of C or its equivalent or better, if required for degree credit, and present certification to this effect from the institution, such as the end-of-semester transcript.
(c) 
Not be receiving nor be eligible to receive any other government aid or scholarship aid from other sources which equals or exceeds the tuition reimbursement authorized above. If scholarship aid does not equal the above, reimbursement may be considered for the difference.
(d) 
Be an employee of the Township at the time the course or total core curriculum of courses are completed.
(3) 
If one or more of the above criterion are not met, an employee may be eligible for full or partial reimbursement if the employee was precluded from completing a course due to any one of the following situations:
(a) 
Sickness or accident disability (work- or not work-related).
(b) 
Municipally initiated action such as a change in hours or assignments, thus interfering with normal class attendance.
(c) 
Call to military service.
I. 
Employee's responsibilities.
(1) 
Within 60 calendar days following the satisfactory completion of an approved course(s), the employee shall submit to his/her department head verification of tuition payment and any eligible fees, as well as evidence showing the satisfactory completion of the course under the terms of the plan. The employee shall be responsible for completing Form T.A.-2.
(2) 
In no case shall an employee be eligible for reimbursement for courses started or completed which did not receive the prior approval of the Township Administrator or were not an approved course under the core curriculum of study. Partial or full reimbursement shall also be denied in those cases where employment has been terminated through resignation, retirement or involuntary separation.
(3) 
Reimbursement under the plan is considered income, subject to the withholding of federal income tax, social security tax or any other state or municipal tax that may become applicable. The Township will withhold the proper amounts for such purposes from the reimbursement.
(4) 
Tuition aid payments are chargeable to the other expense current fund budgets of the appropriate departments.
[Added 8-24-1995 by Ord. No. 25-95]
A. 
The policy of terminal leave shall apply only to all full-time employees of the Township retiring on service or disability pensions. Payment of terminal leave for all other types of retirement shall be at the discretion of the Township Committee. Former full-time employees whose positions have been reduced to part-time status shall not be eligible for terminal leave.
[Amended 2-24-2011 by Ord. No. 5-11]
B. 
In case of discharge, dismissal or voluntary separation from the Township's service, no terminal leave shall be granted.
C. 
At the time of retirement, the terminal leave allowance of a full-time civilian employee shall be calculated at his/her basic daily wage rate for each continuous full year of service with the Township in accordance with either Schedule A or Schedule B depending on the initial date of employment.
[Added 5-9-1996 by Ord. No. 5-96; 11-13-2003 by Ord. No. 24-2003]
Schedule A
Terminal Leave Allowance for Full-Time Civilian Employees Earning Twelve Sick Leave Days for Each Full Calendar Year of Service:
If Unused Sick Time is:
From
Days To
Number of Days Pay for Each Full Year of Service
0
50
0.00
51
100
0.50
101
150
1.00
151
200
1.50
201 plus
2.00
Schedule B
Terminal Leave Allowance for Full-Time Civilian Employees Hired On or After January 1, 2004, and Earning Six Sick Leave Days for Each Full Calendar Year of Service:
If Unused Sick Time is:
Days From
To
Number of Days Pay for Each Full Year of Service
0
25
0.00
26
50
0.50
51
75
1.00
76
100
1.50
101 plus
2.00
D. 
In no event shall the termination allowance set forth in the above subsection exceed 75 full day's pay.
E. 
It shall be the responsibility of the Township Administrator to calculate any terminal leave which may be owed to any employee who retires on a service or disability pension. Prior to the issuance of any check, it shall be the responsibility of the Chief Municipal Finance Officer to certify the availability of funds and to verify the calculation of the terminal leave benefit.
[Added 8-24-1995 by Ord. No. 25-95]
A. 
Purpose. The purpose of Hanover Township's drug screening policy and guidelines is to establish an alcohol- and drug-free workplace for all Hanover Township employees.
B. 
Statement of policy.
(1) 
As a result of the growing concern over drug use in our community and Hanover Township's concern for the safety of its citizens and employees, Hanover Township has a compelling obligation to eliminate alcohol and illegal drug use from its workplace.
(2) 
Specifically, Hanover Township is concerned with the safety of the public at-large and its employees, who are frequently called upon to operate and/or repair Township property, power equipment, motor vehicles, etc. Moreover, it is Hanover Township's goal to adopt a drug testing policy to avoid employee absenteeism and health costs resulting from drug abuse, as well as its general desire for the benefits of an alcohol- and drug-free workplace and a stable work force.
(3) 
The mark of a successful alcohol- and drug-free workplace program also depends on how well Hanover Township can inform its employees of the hazards of drug use and on how much assistance it can provide drug users. Equally important is the assurance to employees that personal dignity and privacy will be respected in reaching Hanover Township's goal of creating an alcohol- and drug-free workplace. Therefore, this plan includes policies and procedures for:
(a) 
Employee assistance.
(b) 
Supervisory training.
(c) 
Employee education.
(d) 
Identification of alcohol and illegal drug use through alcohol and drug testing on a carefully controlled and monitored basis.
(4) 
It is the policy of Hanover Township that the manufacture, distribution, dispensing, possession or use or the being under the influence of illegal drugs or alcohol on Hanover Township property and/or during work hours is hereby prohibited. Any violation of this policy will subject the offender to disciplinary action up to and including termination.
C. 
Nature, frequency and type of drug testing to be instituted. Hanover Township's Alcohol- and Drug-Free Workplace Program includes the following types of drug testing:
(1) 
Applicant/preemployment drug testing for those employees who will be involved in the operation of power equipment and/or any machinery or equipment which could pose a threat to other employees or to the employee himself/herself if misused.
(2) 
Reasonable suspicion testing of all Township employees.
(3) 
Post-accident or unsafe practice testing.
(4) 
Testing as part of or as a follow-up to counseling or rehabilitation.
D. 
Drugs for which individuals are tested. Hanover Township shall test for the following drugs: alcohol, marijuana, cocaine, amphetamines, opiates, barbiturates and phencyclidine (PCP). Employees will receive advance notice if additional drugs will be added to this list.
E. 
Scope. This policy shall be effective immediately for all Hanover Township employees. Law enforcement employees' drug screening is covered under the Law Enforcement Drug Screening Policy and Guidelines of the Township of Hanover, as adopted by the State Attorney General in August of 1990.
F. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGES
"Alcoholic beverage" or "illicit beverage" as defined in N.J.S.A. 33:1-1.
APPLICANT
Any individual tentatively selected for employment with Hanover Township.
EMPLOYEE
Any individual hired as a full-time civilian employee, full-time police officer, part-time employee working less than 30 hours per week or temporary seasonal personnel working either full- or part-time.
EMPLOYEE ASSISTANCE PROGRAM (EAP)
The Hanover Township based counseling program that offers assessment, short-term counseling and referral services to employees for a wide range of drug, alcohol and mental health problems and monitors the progress of employees while in treatment.
EMPLOYEE ASSISTANCE PROGRAM ADMINISTRATOR
The individual responsible for ensuring the development, implementation and review of Hanover Township's Employee Assistance Program.
EMPLOYEE ASSISTANCE PROGRAM COORDINATOR
The individual designated by the EAP Administrator to be responsible for implementing and operating the EAP within Hanover Township by providing counseling, treatment and education services to employees and supervisors regarding the Hanover Township Employee Assistance Program.
EMPLOYEES INVOLVED IN PUBLIC SAFETY POSITIONS
Positions that Hanover Township determines involve or may interfere with the protection of life and property, public health or safety or other functions requiring a high degree of trust and confidence if their performance is impaired.
ILLEGAL DRUGS
Controlled substances included in the definitions contained in N.J.S.A. 24:21-2. The term "illegal drugs" does not mean the use of controlled substances pursuant to a valid prescription or other uses authorized by law. "Illegal drugs" may include prescription drugs being used without a prescription as well as over-the-counter drugs which are being abused. Over-the-counter drugs being used as directed are not "illegal drugs."
MEDICAL REVIEW OFFICER
The individual responsible for receiving laboratory results generated from the Hanover Township Alcohol- and Drug-Free Workplace Program, who is a licensed physician with knowledge of substance abuse disorders and has the appropriate medical training to interpret and evaluate all positive test results together with an individual's medical history and any other relevant biomedical information.
SUPERVISOR
An employee having authority to hire, direct, assign, promote, reward, transfer, furlough, lay off, recall, suspend, discipline or remove other employees, to adjust their grievances or to effectively recommend such action, if the exercise of authority is not merely routine or clerical in nature but requires consistent exercise of independent judgment.
TESTING DESIGNATED POSITIONS (TDP)
Employment positions within Hanover Township which have been designated for applicant/preemployment testing under this plan.
VERIFIED POSITIVE TEST RESULT
A test result that was positive on an initial Food and Drug Administration (FDA) approved immunoassay test (EMIT), confirmed by gas chromatography/mass spectrometry assay and reviewed and verified by the Medical Review Officer in accordance with this plan.
G. 
Employee Assistance Program (EAP).
(1) 
Function.
(a) 
Hanover Township's EAP plays an important role in preventing and resolving employee drug use by demonstrating Hanover Township's commitment to eliminating both alcohol and illegal drug use; providing employees an opportunity, with appropriate assistance, to discontinue their drug use; providing educational materials to supervisors in confronting employees who have performance and/or conduct problems in making referrals to appropriate treatment in rehabilitative facilities; and following up with individuals during the rehabilitation period to track their progress and encourage successful completion of the program.
(b) 
The EAP, however, shall not be involved in the collection of urine or breath tests or the initial reporting of test results; specifically, the EAP shall:
[1] 
Provide counseling and assistance to employees who self-refer for treatment and monitor the employees' progress through treatment and rehabilitation.
[2] 
Provide needed education and training to all levels of Hanover Township employees on types and effects of drugs, symptoms of drug use and its impact on performance and conduct, relation of the EAP to drug testing, and related treatment, rehabilitation and confidentiality issues.
(2) 
Referral and availability.
(a) 
The EAP shall be administered separately from the drug testing program and shall be available to all employees without regard to the finding of drug use. The EAP shall provide counseling or rehabilitation for all referrals, as well as education and training regarding alcohol and illegal drug use.
(b) 
In the event that the employee is not satisfied with the program of treatment or rehabilitation, such employee may seek review of the EAP counselor's referral by notifying the EAP Administrator prior to completion of the program. The decision of the EAP Administrator shall be final and shall not be subject to further administrative review. Regardless of the treatment program chosen, the employee remains responsible for successful completion of the treatment. Assertions that the counselor failed to consider certain factors in making a referral shall not constitute either an excuse for continuing to use alcohol and/or illegal drugs or a defense to disciplinary action if the employee does not complete treatment.
(3) 
Leave allowance. Any leave time necessary during duty hours for rehabilitation, counseling or treatment must be charged to the employee's appropriate leave category, in accordance with law and leave regulations. Such leave must be scheduled according to the discretion of the employer.
(4) 
Records and confidentiality. All EAP records shall be confidential.
H. 
Supervisory training.
(1) 
Objectives. Supervisors have a key role in establishing and monitoring a drug-free workplace. Hanover Township shall provide training to assist supervisors and managers in recognizing and addressing alcohol and illegal drug use by Hanover Township employees. The purpose of supervisory training is to understand:
(a) 
Hanover Township policies relevant to work performance problems, drug use and the Hanover Township EAP.
(b) 
The responsibilities of offering EAP services.
(c) 
How an employee's performance and behavioral changes should be recognized and documented.
(d) 
The roles of the Medical Review Officer, medical staff, supervisors, personnel and the EAP Administrator.
(e) 
How the EAP is linked to the performance appraisal and disciplinary process.
(f) 
The process of reintegrating the employee into the work force.
(2) 
Training. Supervisory training shall be required of all supervisors and may be presented in a separate course or be included as part of an ongoing supervisory training program. Training shall be provided as soon as possible after a person assumes supervisory responsibility. Training courses should include:
(a) 
Overall Hanover Township policies.
(b) 
The prevalence of various employee problems with respect to drugs and alcohol.
(c) 
How to recognize employees with possible problems.
(d) 
Documentation of employee performance or behavior.
(e) 
Skills in confronting employees with possible problems.
(f) 
Hanover Township procedures for referring employees to the EAP.
(g) 
Disciplinary action, including removal, especially from public safety positions.
(h) 
Drug testing.
I. 
Employee education.
(1) 
Objectives. The EAP Administrator shall offer drug education to all Hanover Township employees. Drug education should include education and training to all levels of Hanover Township employees on:
(a) 
Types and effects of drugs.
(b) 
Symptoms of drug use and effects on performance and conduct.
(c) 
The relationship of the EAP to drug testing.
(d) 
Other relevant treatment, rehabilitation and confidentiality issues.
(2) 
Means of education. Drug education activities may include:
(a) 
Distribution of written materials.
(b) 
Videotapes.
(c) 
Lunch time employee forums.
(d) 
Employee drug awareness days.
J. 
Special duties and responsibilities.
(1) 
Drug Program Coordinator. Hanover Township shall appoint an individual to act as Drug Program Coordinator. The Drug Program Coordinator will be assigned to carry out the purposes of this plan. The Drug Program Coordinator shall be responsible for implementing, directing, administering and managing a drug program at Hanover Township. The Drug Program Coordinator shall serve as the principal contact with the laboratory and for the collection activities in assuring the effective operation of the testing portion of the program. Among other duties, the Drug Program Coordinator shall:
(a) 
Arrange for all drug testing authorized under this policy.
(b) 
Document, through written inspection reports, all results of laboratory inspections conducted.
(c) 
Coordinate and report to the Township Business Administrator on Drug Program Coordinator activities and findings that may affect the responsibility and reliability or accuracy of the laboratory results.
(d) 
Publicize and disseminate drug program educational materials and oversee training and education sessions regarding drug use and rehabilitation.
(e) 
Receive verified positive test results from the Medical Review Officer.
(f) 
Assume the lead role in development, implementation and evaluation of the Employee Educational Program.
(g) 
Ensure that training is provided to assist supervisors in the recognition and documentation of facts and circumstances that support a reasonable suspicion that an employee may be using illegal drugs or alcohol.
(h) 
Maintain a list of rehabilitation or treatment organizations which provide counseling and rehabilitative programs and include the following information on each organization:
[1] 
Its name, address and phone number.
[2] 
Types of services provided.
[3] 
Hours of operation, including emergency hours.
[4] 
The contact person's name and phone number.
[5] 
The fee structure, including insurance coverage.
[6] 
The client's specialization.
[7] 
Other pertinent information.
(2) 
Medical Review Officer. Hanover Township shall have a Medical Review Officer assigned to carry out the purposes of this policy. The Medical Review Officer shall, among other duties:
(a) 
Receive all laboratory test results.
(b) 
Assure that an individual who has tested positive has been afforded an opportunity to discuss the test results with the appointed authority.
(c) 
Consistent with confidentiality requirements, refer written determinations regarding all verified positive test results to the Township Business Administrator and the Drug Program Coordinator, including the positive drug test results form indicating that the positive result has been verified, together with all relevant documentation and a summary of the findings.
(d) 
Confirm with the Business Administrator whether an individual who has been tentatively selected for employment in a position involving the operation of dangerous machinery or public safety with Hanover Township has obtained a verified positive test result.
(e) 
Coordinate and report to the Township Business Administrator on all activities and findings on a regular basis.
(3) 
Supervisors. Supervisors will be trained to recognize and address alcohol and illegal drug use by employees and will be provided information regarding referral of employees to the EAP, procedures and requirements for drug testing and behavioral patterns that may give rise to a reasonable suspicion that an employee may be using alcohol or illegal drugs. Except as modified by necessity, supervisors shall:
(a) 
Attend training sessions on alcohol and illegal drug use in the workplace.
(b) 
Initiate a drug test based on reasonable suspicion.
(c) 
Inform employees about the EAP for assistance in obtaining counseling and rehabilitation.
(d) 
Initiate appropriate disciplinary action upon the finding of alcohol or illegal drug use.
(e) 
In conjunction with the Business Administrator, assist other Hanover Township supervisors and managerial personnel in evaluating employee performance and/or personnel problems that may be related to alcohol and illegal drug use.
(4) 
Implementation. At the direction of the Mayor and Township Committee, each Township official and supervisor shall implement the drug-free workplace plan within each department of the Township and ensure that the plan is efficiently and effectively accomplished, in accordance with this order and all other applicable regulations.
K. 
Notice.
(1) 
General notice. The general notice from the Mayor and Township Committee or Business Administrator announcing the testing program, as required by this policy, will be provided to all employees no later than 30 days prior to the implementation date of this plan. The notice shall explain:
(a) 
That the plan will include both voluntary and mandatory testing.
(b) 
That those who hold positions selected for preemployment testing will also receive individual notice, prior to the testing, indicating that their position has been designated as a position involving public safety.
(c) 
The circumstances under which testing may occur.
(d) 
That opportunity will be afforded to submit medical documentation of lawful use of otherwise illegal drugs. The documentation shall be in the form of a physician's statement to indicate that the individual is taking prescribed medication.
(e) 
That the laboratory assessment is a series of tests which are highly accurate and reliable and that, as an added safeguard, laboratory results are reviewed by the Medical Review Officer.
(f) 
That the positive test results verified by the Medical Review Officer may only be disclosed to the employee, the appropriate Hanover Township authorities necessary to process adverse action against the employee or a court of law or administrative tribunal in any adverse personnel action.
(g) 
That all medical and rehabilitation records in an EAP will be deemed confidential patient records and may not be disclosed without the prior written consent of the patient or authorizing court order or otherwise as permitted by law.
(2) 
Individual notice. In addition to the information provided in the general notice, an individual notice will be distributed to all employees in testing-designated positions explaining:
(a) 
That the employee's position has been designated a testing-designated position.
(b) 
That the employee will have an opportunity to voluntarily admit to being a user of illegal drugs or alcohol and to receive counseling or rehabilitation before the Township of Hanover has recognized such problem, in which case disciplinary action is discretionary.
(c) 
That the employee's position will be subject to random testing no sooner than 30 days following such notice.
(3) 
Signed acknowledgment.
(a) 
Each employee in a testing-designated position shall be asked to acknowledge, in writing, that the employee has received and read the notice which states that the employee's position has been designated for preemployment and possibly random drug testing, as well as reasonable suspicion and postaccident testing, and that refusal to submit to testing will result in the initiation of disciplinary action, up to and including dismissal. The employee also acknowledges that his or her position is a safety-sensitive position which could adversely affect public safety if the employee were to be working under the influence of alcoholic beverages or illegal drugs. If the employee refuses to sign the acknowledgment, the employee's supervisor shall note on the acknowledgment form that the employee received the notice.
(b) 
This acknowledgment, which is advisory only, shall be centrally located for easy retrieval by the Township Business Administrator. An employee's failure to sign the notice shall not preclude testing of that employee or otherwise affect the implementation of this policy since the general thirty-day notice will previously have notified all Hanover Township employees of the requirement to be drug-free.
(4) 
Administrative relief. If an employee believes his or her position has been wrongly designated as a testing-designated position due to the risks involved to public safety, that employee may file an administrative appeal to the Business Administrator, who has the authority to remove testing-designated positions from the list. The appeal must be submitted by the employee, in writing, to the Business Administrator within 15 days of the notification, setting forth relevant information. The Business Administrator shall review the appeal based on the criteria applied in designating that employee's position as a testing-designated position. The Business Administrator's decision is final and not subject to further administrative review.
L. 
Finding of drug use and disciplinary consequences.
(1) 
Determination. An employee may be found to use illegal drugs or to be under the influence of alcohol during work hours on the basis of any appropriate evidence, including but not limited to the following:
(a) 
Direct observation;
(b) 
Evidence obtained from an arrest or criminal conviction;
(c) 
A verified positive drug test result; or
(d) 
An employee's voluntary admission.
(2) 
Mandatory administrative actions. Hanover Township may refer an employee found to be using illegal drugs or under the influence of alcohol during work hours to the EAP and, if the employee occupies a public-safety-sensitive position, immediately remove the employee from that position. At the Township's discretion, however, an employee may return to duty if the employee's return would not endanger public health or safety.
(3) 
Range of consequences. Disciplinary action taken against an employee found to be using illegal drugs or alcohol may include the full range of disciplinary actions, including removal. The severity of the action chosen will depend upon the circumstances of each case and will be consistent with this policy. Hanover Township shall initiate disciplinary action against any employee found to use illegal drugs or alcohol.
(a) 
Such action is not required for an employee who voluntarily admits to illegal drug or alcohol use and obtains counseling and rehabilitation and thereafter refrains from using illegal drugs or alcohol before Hanover Township has discovered such illegal use through reasonable suspicion and/or preemployment drug testing.
(b) 
Such disciplinary action, consistent with the requirements of any governing collective bargaining agreement and any other relevant statutes, Hanover Township ordinances, including specifically § 61-24 of the Code, resolutions and regulations, may include the following measures, but some disciplinary action must be initiated:
[1] 
Reprimanding the employee, in writing;
[2] 
Suspension without pay;
[3] 
Suspension without pay until the employee successfully completes the rehabilitation program; or
[4] 
Removal after an appropriate hearing.
(4) 
Refusal to take drug test when required. An employee who refuses to be tested when so required will be subject to the full range of disciplinary action, including dismissal. No applicant applying for a safety-sensitive position who refuses to be tested shall be extended an offer of employment. Attempts to alter or substitute the specimen provided will be deemed as a refusal to drug test when required and subject the employee and/or applicant to dismissal or refusal to extend an offer.
(5) 
A permanent employee must be terminated from employment as a result of a positive test result for illegal use of drugs or alcohol or refusal to submit to a drug test only in accordance with any procedures to which the employee is entitled under department rules and regulations, under any applicable collective bargaining agreement or under state or federal law.
(6) 
Voluntary referral.
(a) 
Hanover Township will initiate action to discipline any employee found to use illegal drugs or alcohol in every circumstance, except that such discipline will not be required for an employee who:
[1] 
Voluntarily admits his/her drug use before Hanover Township discovers such use.
[2] 
Completes counseling or rehabilitation.
[3] 
Thereafter refrains from drug use.
(b) 
The decision whether to discipline a voluntary referral will be made by the Township Administrator and/or Mayor and Township Committee on a case-by-case basis, depending upon the facts and circumstances. Although an absolute bar to discipline cannot be provided for certain positions because of their public-safety-sensitive nature, Hanover Township, in determining whether to discipline, shall consider that the employee has come forward voluntarily.
M. 
Reasonable suspicion testing.
(1) 
Grounds. Reasonable suspicion testing may be based upon, among other things:
(a) 
Observable phenomena, such as direct observation of drug or alcohol use or possession and/or the physical symptoms of being under the influence of a drug;
(b) 
A pattern of abnormal conduct or erratic behavior;
(c) 
Arrest or conviction for a drug-related offense or the identification of an employee as a focus of criminal investigation into illegal drug possession, use or trafficking;
(d) 
Information provided either by reliable or credible sources or independently corroborated; or
(e) 
Newly discovered evidence that the employee has tampered with a previous drug test.
(2) 
Procedures.
(a) 
If an employee is suspected of using illegal drugs or alcohol, the appropriate supervisor will gather all information, facts and circumstances leading to and supporting this suspicion. Such information should be sworn to and included in an affidavit from the observer to the Business Administrator and/or Township Committee. Thereafter, the Business Administrator shall make a finding that reasonable suspicion of illegal drug or alcohol use exists before reasonable suspicion drug testing may take place. The supervisor's or observer's affidavit should include the appropriate dates and times of the reported drug-related incidents, reliable/credible sources of information, rationale leading to the test and the action taken.
(b) 
After a reasonable suspicion determination has been made by both the employee's supervisor and the Township Business Administrator and the supervisor has received higher-level approval for drug testing, the employee in question shall be immediately referred to a drug testing facility to provide a urine sample, in the case of suspected illegal drug use, or a breath test, in the case of suspected alcohol use.
(3) 
Obtaining the sample. The employee may be asked to provide a urine or breath sample, under observation, in accordance with the criteria in § 61-29O(2). Law enforcement employees should refer to the Attorney General's guidelines for testing procedures.
N. 
Applicant testing.
(1) 
Objectives. To maintain the high professional standards of Hanover Township's work force and to assure public safety, it is imperative that individuals who use illegal drugs or alcohol be screened out during the initial employment process before being placed in the employment of the Township in safety positions. This procedure will have a positive effect on reducing instances of illegal drug or alcohol use by employees working in public-safety-sensitive positions, and will provide a safer work environment, as well as provide for safety to the public.
(2) 
Vacancy announcements.
(a) 
Every vacancy announcement for positions designated for applicant testing shall state: "All applicants tentatively selected for this position will be required to submit to a urinalysis and/or a breath test for illegal drug or alcohol use prior to appointment."
(b) 
In addition, each applicant will be notified that appointment to the position will be contingent upon a negative drug test result. Failure of the vacancy announcement to contain this statement notice will not preclude applicant testing if advance written notice is provided applicants in some other manner.
(3) 
Procedures.
(a) 
The appropriate authority shall direct applicants to an appropriate collection facility. The drug test must be taken as soon after notification as possible, but no later than 48 hours after notice to the applicant. The breath test must be taken immediately after notification.
(b) 
Applicants shall be advised of the opportunity to submit medical documentation that may support legitimate use for specific drugs and that such information will be reviewed only by the Medical Review Officer to determine whether an individual is legally using an otherwise illegal drug. The documentation shall be in the form of a physician's statement to indicate that the applicant is taking prescribed medication.
(4) 
Consequences. Hanover Township will decline to extend a final offer of employment to any applicant with a verified positive test result, and such applicant may not reapply to Hanover Township for a period of six months. The Business Administrator working on the applicant's certificate shall be directed to object to the applicant on the basis of failure to pass the physical, a lack of personal characteristics necessary to relate to public employment or failure to support the goals of the Township. The Township shall inform the applicant that a confirmed presence of an illegal drug in the applicant's urine or alcohol in the applicant's blood precludes the Township from hiring the applicant due to public safety concerns.
O. 
Additional types of drug testing.
(1) 
Accident or unsafe practice testing. Hanover Township is committed to providing a safe and secure working environment. Employees involved in on-the-job accidents or who engage in unsafe on-duty job-related activities that pose a danger to others or the overall operation of Hanover Township or the public safety may be subject to testing based on circumstances of accidents or unsafe acts. The appropriate authority may initiate testing when such circumstances involve:
(a) 
A death or personal injury; or
(b) 
Damage to public or private property.
(2) 
Follow-up testing. All employees referred through administrative channels who undergo counseling or rehabilitation programs for illegal drug or alcohol use through the EAP will be subject to unannounced testing following the completion of such program for a period of one year. Such employee shall be tested at the frequency stipulated in the abeyance contract or, in the alternative, at an increased frequency period.
P. 
Test procedures in general.
(1) 
Guidelines for Hanover Township workplace drug testing. In order to ensure accuracy of drug test results, as well as a proper identification of drug testing samples, Hanover Township shall adhere to the following guidelines regarding urinalysis and breath test procedures, trained collection personnel, quality assurance requirements and strict confidentiality requirements.
(2) 
Privacy.
(a) 
Any individual subject to testing under this plan shall be permitted to provide urine specimens in private and in a rest-room stall or similar enclosure so that the employee is not observed while providing a sample. Collection site personnel of the same gender as the individual tested, however, may observe the individual provide a urine specimen when such personnel may have reasonable suspicion to believe that the individual may alter or substitute the specimen to be provided.
(b) 
To avoid misidentification of specimens and to assure accuracy of results, Hanover Township will follow the drug testing guidelines already followed by Morristown Memorial Hospital or St. Clare's Medical Center, as well as the chain of custody procedures recommended by Smith-Kline Laboratories to transport the samples to Smith-Kline Laboratories for testing.
(c) 
To assure the accuracy of breath test results, Hanover Township will follow the testing guidelines followed by Morristown Memorial Hospital or St. Clare's Medical Center, as well as those promulgated by the United States Department of Transportation/Federal Highway Administration.
(3) 
Failure to appear for testing. Failure to appear for testing without a deferral will be considered refusal to participate in testing and will subject an employee to a range of disciplinary actions, including dismissal, and will subject an applicant to the cancellation of an offer of employment. If an individual fails to appear at the collection site at the assigned time, the collector shall contact the Township to obtain guidance on the action to be taken.
(4) 
Positive test result.
(a) 
All urine samples will be initially screened through an EMIT test to screen out negative results. All positive results will be confirmed by a gas chromatography/mass spectrometry testing procedure.
(b) 
All breath tests will be screened in accordance with the guidelines promulgated by the United States Department of Transportation/Federal Highway Administration.
(c) 
When a confirmed positive result has been returned by the laboratory, the Medical Review Officer shall review the positive result, as well as the employee medical history, other relevant biomedical factors and all medical records made available by the tested employee when a confirmed positive result test could have resulted from legally prescribed medication.
(d) 
Individuals are not entitled, however, to present evidence to the Medical Review Officer in a trial-type administrative proceeding, although the Medical Review Officer has the discretion to accept evidence in any manner the Medical Review Officer deems most efficient or necessary.
Q. 
Records and reports.
(1) 
Confidentiality of test results. The laboratory may disclose laboratory test results only to the Medical Review Officer or his designee. Any positive result which the Medical Review Officer justifies by acceptable and appropriate medical or scientific documentation to account for the result as other than the intentional ingestion of an illegal drug or alcohol will be treated as a negative test result and may not be released for the purpose of identifying illegal drug use.
(2) 
Employee access to records. Any applicant and/or employee who is subject to a drug test shall, upon written request, have access to any records relating to:
(a) 
Such employee's drug test.
(b) 
The results of any relevant certification, review or revocation of certification proceedings.
(3) 
Confidentiality of records in general.
(a) 
All drug testing information specifically related to individuals is confidential and should be treated as such by anyone authorized to review or compile program records. In order to efficiently implement this order and to make information readily retrievable, the Drug Program Coordinator shall maintain all records relating to reasonable suspicion testing, suspicion of tampering of evidence and any other authorized documentation necessary to implement this order, as well as all employee releases completed before submitting to drug testing.
(b) 
All records and information of the personnel actions taken on employees with verified positive test results shall be forwarded to the Township Business Administrator's office and remain confidential, with only authorized individuals who have a need to know having access to them.
[Added 8-24-1995 by Ord. No. 25-95; amended 10-11-2018 by Ord. No. 25-2018]
The Hanover Township Police Department shall conduct drug and alcohol testing of sworn law enforcement officers, applicants and trainees in accordance with all duly-adopted directives and guidelines issued by the New Jersey Attorney General, the applicable directives of the Morris County Prosecutor, and the duly-adopted rules, regulations, policies and standard operating procedures of the Hanover Township Police Department, along with any subsequent amendments, modifications and supplements thereto. In case of any conflict between the terms of the directives/guidelines of the New Jersey Attorney General/Morris County Prosecutor and the rules, regulations, policies and standard operating procedures of the Hanover Township Police Department, the directives/guidelines of the New Jersey Attorney General and applicable directives of the Morris County Prosecutor shall control.
[Added 8-24-1995 by Ord. No. 25-95]
A. 
Purpose.
(1) 
Due to the stressful and sometimes life-threatening nature of the role of a law enforcement officer and Hanover Township's interest in ensuring the public's safety, Hanover Township has an obligation to its citizens to select police officers who are physically and psychologically fit to assume police duties. Hanover Township has an overwhelming interest in identifying law enforcement candidates or employees who have emotional problems which may adversely affect public safety and/or the employee's safety.
(2) 
The most common test applied to determine psychological fitness for duty involves a psychological examination and report prepared by an independent psychologist retained by the Township. Psychological examinations of law enforcement officers can prevent life-threatening situations for both the employee and the public at-large.
B. 
Notification of psychological screening.
(1) 
A psychological screening by an unbiased, independent, fully qualified mental health examiner will be conducted as part of a preemployment examination, prepromotion examination and any time there exists facts that provide a reasonable objective basis to suspect that an officer is experiencing psychological problems which may interfere with his or her fitness for duty.
(2) 
Any officer who has reasonable suspicion to believe that a fellow officer is experiencing psychological problems must immediately report that fact to the Chief of Police or his designee and sign an affidavit attesting to the observations supporting reasonable suspicion.
(3) 
Any officer who, as a result of his or her promotional or reasonable suspicion psychological screening, is determined to be unfit for duty will be given a departmental hearing at which time he or she will be given an opportunity to submit a report based upon an independent psychological examination. Thereafter, the Township will have the discretion to take appropriate action up to and including dismissal from the Township.
C. 
Testing method. The psychological evaluation shall be standardized for all law enforcement personnel and should consist of the following:
(1) 
Administration of approved psychological tests, including at least the Minnesota Multiphasic Personality Inventory (MMPI), the California Psychological Inventory (CPI) and the Rodder Incomplete Sentence Blank Test (RISB).
(2) 
A structured interview by a licensed mental health care professional.
(3) 
An evaluation of gathered data by a licensed mental health care professional.
(4) 
A report and recommendation from a licensed mental health care professional outlining conclusions and recommendations regarding the applicant's or employee's psychological suitability for police work.
D. 
Preliminary psychological screening procedures.
(1) 
Before an officer is ordered to submit to a reasonable-suspicion psychological screening, the Department shall prepare a confidential report which documents the basis for the reasonable suspicion, accompanied by a sworn affidavit attesting to the basis for reasonable suspicion. The individual whose approval is necessary to order the psychological screening shall base his decision on the contents of this confidential report and affidavit.
(2) 
Prior to the submission of any psychological screening, each employee shall sign an authorization and release in which the applicant or employee agrees to be psychologically tested and authorizes the release of test results to the Township, waiving any opportunity to review the test results. (See sample attached.)[1] In the event that the Township of Hanover seeks to disqualify an officer on the basis of the psychological exam, an independent psychologist shall be provided with a copy of the report, upon the receipt of a release from said officer.
[1]
Editor's Note: Said authorization and release form sample is on file at the office of the Township Clerk.
(3) 
In addition to completing the authorization and release, the applicant shall complete a preemployment statement in which the applicant acknowledges that psychological testing is required to maintain the job of a law enforcement officer. (See sample attached.)[2]
[2]
Editor's Note: Said preemployment statement sample is on file at the office of the Township Clerk.
(4) 
Both forms shall be completed in the case of a psychological screening conducted before a promotion to ensure that the officer is psychologically fit to take on additional responsibilities in the promoted status.
E. 
Mental health care professional.
(1) 
The Township shall choose an unbiased, independent, fully licensed psychologist to perform all preemployment, promotional and reasonable-suspicion psychological screening for Hanover Township law enforcement officers. The mental health examiner will be required to provide Hanover Township with an independent evaluation of each examined employee by submitting a summary of the results of all tests administered to the employee, so that the employer is not privy to specific questions and answers obtained throughout the examination.
(2) 
The cost for preemployment, promotional and reasonable-suspicion psychological screening will be borne by the Township of Hanover. The applicant or employee shall bear the cost for any additional psychological screening the applicant or employee wishes to undergo.
[Added 8-24-1995 by Ord. No. 25-95]
A. 
Introduction and purpose.
(1) 
It is the policy of the Township of Hanover to maintain a drug-free workplace, in accordance with Federal Executive Order No. 204, 1989, and the Omnibus Transportation Employee Testing Act of 1991.
(2) 
As a public employer, the Township of Hanover is firmly committed to operating in the safest and most efficient manner possible. As a responsible employer, it is also committed to promoting the safety and welfare of its employees. The problem of drug and alcohol abuse in our society is a potential threat to those objectives, endangering not only the motoring public but also the personal lives of its employees.
(3) 
In order for the Township to meet its commitments to the public and its employees, it is essential that the Township operate in an alcohol- and drug-free environment and that its employees be free from the effects of alcohol and other mind-altering drugs. It is the responsibility of each employee to ensure that he/she is alcohol and drug free, in compliance with the requirements outlined in this policy. Furthermore, pursuant to 49 CFR et al, federal law requires that the Township perform preemployment, postaccident, random and reasonable-suspicion alcohol and controlled substance testing for all Township employees who possess a commercial driver's license (CDL).
(4) 
The purpose of this document is to implement a drug and alcohol testing program, as required by federal regulations cited below, for employees performing safety-sensitive functions which require the employee to maintain a commercial driver's license.
(5) 
In accordance with 49 CFR 382.601(b)(1), the Township's Business Administrator and/or the Superintendent of Public Works, Buildings and Grounds and Park Maintenance are the Township officials responsible for interpreting any of the sections set forth herein dealing with the misuse of alcohol and use of controlled substances. Any employee requiring a clarification of this policy or any procedures related to alcohol or controlled substance testing should discuss their questions with the Business Administrator or the Superintendent of Public Works, Buildings and Grounds and Park Maintenance.
[Amended 4-8-2010 by Ord. No. 12-10]
B. 
Authority.
(1) 
This policy was developed in accordance with the following federal rules and regulations and Township ordinances which apply to employees of the Township of Hanover:
(a) 
Department of Transportation, Office of the Secretary, 49 CFR 40, Procedures for Transportation Workplace Drug Testing Programs; Final Rule.
(b) 
Department of Transportation, Office of the Secretary, 49 CFR 382 et al., Controlled Substances and Alcohol Use and Testing.
(c) 
Township of Hanover, Employee Alcohol and Drug Screening Policy and Guidelines, as approved and adopted by resolution of the Township Committee on December 9, 1993.
(d) 
Township of Hanover, Causes for Disciplinary Action or Dismissal, Ordinance No. 2-95, adopted by ordinance of the Township Committee on January 26, 1995.
(2) 
Any employment action taken by the Township Committee for violation of the provisions of this policy shall be taken in accordance with those provisions contained in the Township's Employee Alcohol and Drug Screening Policy and Guidelines and Ordinance No. 2-95.
C. 
Applicability.
(1) 
The following policy shall apply to all employees of the Township of Hanover possessing a commercial driver's license.
(2) 
As a condition of employment, this policy applies to all employees whose job duties include the performance of safety-sensitive functions related to the operation of a commercial motor vehicle, as defined below, for which the employee is required to maintain a commercial driver's license valid in the State of New Jersey. This applies to employees whose job includes such functions on a regular or occasional basis where the employee may have a distinct possibility of performing safety-sensitive functions when on duty. It also applies to employees who perform safety-sensitive functions on an intermittent basis, such as a temporary worker.
D. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ALCOHOL
The intoxicating agent in beverage alcohol, ethyl alcohol or other low-molecular-weight alcohols, including methyl and isopropyl alcohol and any other alcoholic beverage or illicit beverage as defined in N.J.S.A. 33:1-1.
ALCOHOL USE
The use of any beverage, mixture or preparation, including any medication, containing alcohol.
COMMERCIAL MOTOR VEHICLE
A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
(1) 
Has a gross combination weight rating of 26,001 or more pounds, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;
(2) 
Has a gross vehicle weight rating of 26,001 or more pounds;
(3) 
Is designed to transport 16 or more passengers, including the driver; or
(4) 
Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (USDOT 49 CFR 172, Subpart F).
CONTROLLED SUBSTANCE
Has the meaning assigned by 21 U.S.C. § 812, including substances listed on Schedules I through V as they may be revised from time to time (21 CFR 1301 through 1316), and including those substances defined by N.J.S.A. Title 24 and companion regulations as they may be revised from time to time.
CRIMINAL DRUG STATUTE
Federal or state criminal statute involving the manufacture, distribution, dispensing, use or possession of any controlled substance.
DRUG
Interchangeable use with the term "controlled substance." Unless otherwise provided, "drug" refers to marijuana (THC), cocaine, opiates, phencyclidine (PCP) and amphetamines (including methamphetamines).
MEDICAL REVIEW OFFICER
The individual responsible for receiving, reviewing and reporting laboratory results generated from Hanover Township, who is a licensed physician with knowledge of substance abuse disorders and of the appropriate medical training to interpret and evaluate all positive test results, together with an individual's medical history, and any other relevant biomedical information.
ON DUTY
Any time period (regular work hours, overtime or hourly services), including breaks, during which an employee is required to comply with a directive from the Superintendent of Public Works, Buildings and Grounds and Park Maintenance or his designee, and the employee may be expected to perform and/or be available to perform a safety-sensitive function.
[Amended 4-8-2010 by Ord. No. 12-10]
PERFORMING A SAFETY-SENSITIVE FUNCTION
Any period in which a driver is actually performing, ready to perform or immediately able to perform any safety-sensitive function.
POSITIVE ALCOHOL TEST
A breath alcohol level of 0.02% or greater, as measured by a breath analysis machine approved for use by the FHWA and appearing on the conforming products list in the Federal Register.
POSITIVE DRUG TEST
A controlled substance test result reported positive by the laboratory and subsequently confirmed upon review by the Medical Review Officer as evidence of prohibited drug use.
SAFETY-SENSITIVE FUNCTION
Any on-duty function as follows:
(1) 
All time spent at the driving controls of a commercial motor vehicle.
(2) 
All time at a carrier or shipper plant, terminal, facility or other property waiting to be dispatched, unless the employee has been relieved from duty by the supervisor.
(3) 
All time inspecting equipment as required by the Federal Motor Carrier Safety Regulations or otherwise inspecting, servicing or conditioning any commercial motor vehicle.
(4) 
All time, other than driving time, spent on or in a commercial motor vehicle.
(5) 
All time loading or unloading a commercial motor vehicle, supervising or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle or in giving or receiving receipts for shipments loaded or unloaded.
(6) 
All time spent performing the driver requirements associated with an accident.
(7) 
All time repairing, obtaining assistance or remaining in attendance upon a disabled vehicle.
SUBJECT TO DUTY
Any time period an employee is required to be available to report for duty to perform a safety-sensitive function.
SUPERVISOR or SUPERVISORY EMPLOYEE
The Superintendent of Public Works, Buildings and Grounds and Park Maintenance, the Assistant Superintendent of Public Works, Buildings and Grounds and Park Maintenance, Foremen, Assistant Foreman or any other employee with responsibility for directing the work of other employees, but not a coworker.
[Amended 4-8-2010 by Ord. No. 12-10]
WORKPLACE
Any location, including but not limited to garages, depots, yards, offices or field or road sites, whether or not owned or operated by the Township, where official business is conducted or where job duties are performed.
E. 
Policy.
(1) 
Voluntary participation in treatment.
(a) 
Employees in safety-sensitive functions who have drug and/or alcohol abuse problems are encouraged to voluntarily seek treatment. Treatment may be sought through the Township's Employee Assistance Program provider, namely LifeWorks, or independently by the employee without employer involvement.
(b) 
Employees may be able to avoid negative consequences regarding their employment incurred as a result of a drug and/or alcohol abuse problem by seeking help to correct their substance abuse problem.
(2) 
Prohibited conduct.
(a) 
As a condition of employment, all covered employees are prohibited from:
[1] 
Reporting for duty or remaining on duty to perform safety-sensitive functions while having an alcohol concentration of 0.02% or above.
[2] 
Being on duty or operating a commercial motor vehicle while in the possession of alcohol.
[3] 
Using alcohol while performing safety-sensitive functions.
[4] 
Performing safety-sensitive functions within four hours after using alcohol.
[5] 
When required to take a postaccident alcohol test, using alcohol within eight hours following the accident or prior to undergoing a postaccident alcohol test, whichever comes first.
[6] 
Reporting for duty or remaining on duty, which may require the performance of safety-sensitive functions, when the driver distributes, possesses or uses any controlled substance (Executive Order No. 204), except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle. (NOTE: Covered employees shall provide notice of such therapeutic use of controlled substances directly to the Superintendent of Public Works, Buildings and Grounds and Park Maintenance. Such information shall be kept confidential pursuant to the requirements of the Americans with Disabilities Act, 28 CFR 35.)
[Amended 4-8-2010 by Ord. No. 12-10]
[7] 
Reporting for duty or remaining on duty if the individual tests positive for controlled substance(s).
(b) 
If the Superintendent of Public Works, Buildings and Grounds and Park Maintenance or his designee has knowledge that an employee is in violation of any of the above, the employee shall not be permitted to perform any safety-sensitive functions. Failure to comply with this responsibility will subject the Superintendent and/or his designee to face disciplinary action, in accordance with Ordinance No. 2-95.
[Amended 4-8-2010 by Ord. No. 12-10]
(c) 
Violation by any employee of any of the above prohibitions is subject to disciplinary action, up to and including removal, all in accordance with Ordinance No. 2-95 and the Township's Employee Alcohol and Drug Screening Policy and Guidelines.
(3) 
Requirement of cooperation with collection and testing.
(a) 
Each employee or individual with a conditional offer of employment required to be tested for drugs and/or alcohol pursuant to this policy must provide adequate, valid, undiluted, unadulterated breath and/or urine samples as requested, must supply the information necessary to identify the samples (i.e., complete paperwork and initial specimen) and otherwise cooperate with the collection and testing procedures. Failure to provide such samples, without a valid medical explanation, shall constitute refusal to cooperate.
(b) 
Any individual with a conditional offer of employment who refuses to cooperate will not be hired.
(c) 
Any covered employee who refuses to cooperate will be subject to immediate disciplinary action, pursuant to the Township's Alcohol and Drug Screening Policy and Guidelines and those regulations prescribed under Ordinance No. 2-95.[1]
[1]
Editor's Note: See § 61-25, Antiharrassment policy.
(4) 
Circumstances under which drug and/or alcohol testing will be administered.
(a) 
All testing as described below will be performed with standardized equipment and certified laboratories, in accordance with the procedures established in the Federal Register (49 CFR 40 et al.).
(b) 
Additionally, nothing in this policy shall be construed to authorize any delay in obtaining emergency medical treatment, where appropriate, for a covered employee.
(c) 
Individuals will be notified of all positive laboratory results of any drug test and provided with an opportunity to discuss the results with the Medical Review Officer prior to a final determination and reporting of the test results as positive.
(d) 
Drug and/or alcohol testing will be administered as follows:
[1] 
Preemployment. All notices for employment opportunities requiring the possession of a commercial driver's license for the performance of safety-sensitive functions shall include notice of the requirement to undergo testing for alcohol and controlled substances upon the receipt of a conditional offer of employment. This includes the Township's application for employment and related guidelines and any other Department of Public Works, Buildings and Grounds and Park Maintenance job-related notices issued by the Department of Administration.
[Amended 4-8-2010 by Ord. No. 12-10]
[2] 
Postoffer for final applicants.
[a] 
All individuals receiving conditional offers of employment for positions requiring the performance of safety-sensitive functions will be required to undergo testing for alcohol and controlled substances before final employment is confirmed. This category includes, but is not limited to, new employees and any other position in which a commercial driver's license is required.
[b] 
All individuals will be notified of the result of any drug or alcohol preemployment test that is positive. An individual who is found to have an alcohol concentration of 0.02% or greater but less than 0.04% shall be given the opportunity to be retested, but not less than 24 hours after the administration of the first test.
[c] 
An individual who tests positive for a controlled substance or 0.02% or above on the first test for alcohol will not be hired. Individuals who are given an opportunity for a second alcohol test, as described above, and are still found to have an alcohol concentration of 0.02% or greater but less than 0.04% will not be hired due to the inability to perform safety-sensitive functions.
[3] 
Postaccident testing.
[a] 
Following an accident involving a commercial motor vehicle, employees shall be tested for alcohol and controlled substance use when:
[i] 
The accident involves an injury or the loss of human life; and/or
[ii] 
The employee receives a citation under state or local law for a moving traffic violation arising from the accident.
[b] 
Such testing shall be done as soon as practicable following the accident, provided that:
[i] 
Under no circumstances shall a postaccident test for alcohol be administered beyond the eight-hour period immediately following the accident.
[ii] 
Under no circumstances shall a postaccident test for controlled substances be administered beyond the thirty-two-hour period immediately following the accident.
[c] 
Under postaccident testing, employees will be removed immediately from the performance of safety-sensitive functions pending the outcome of the test(s).
[4] 
Random testing.
[a] 
All employees covered by this policy will be subject to random, unannounced drug and alcohol testing. Selection of employees will be by a method employing a scientifically valid random number generation method and objective, neutral criteria which ensure that every such employee has an equal statistical chance of being selected each time.
[b] 
All employees will be subject to testing only while on duty, as defined in § 61-32D herein. The testing frequency level shall be in conformance with the standards established by the Federal Highway Administration and published in the Federal Register on an annual basis.
[c] 
Drivers who test positive for a controlled substance and/or 0.02% or above for alcohol will be removed from safety-sensitive functions. They must not return to duty requiring safety-sensitive functions until they have been evaluated by a substance abuse professional and complied with any treatment recommendations. Drivers who test at an alcohol concentration level of 0.02% to 0.039% must be removed from safety-sensitive functions for 24 hours.
[5] 
Reasonable suspicion testing.
[a] 
Alcohol testing.
[i] 
An on-duty employee shall be required to submit to an alcohol test when the Superintendent of Public Works, Buildings and Grounds and Park Maintenance or his designee has reasonable suspicion to believe the employee has violated § 61-32E(2) of this policy document entitled "Prohibited conduct," § 61-29 M(1) entitled "Reasonable suspicion testing" of the Township's Employee Alcohol and Drug Screening Policy and Guidelines and § 61-24 of Ordinance No. 2-95. The Superintendent's or his designee's determination that reasonable suspicion exists must be based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee.
[Amended 4-8-2010 by Ord. No. 12-10]
[ii] 
Under no circumstances shall a test for alcohol under these conditions be administered beyond the eight-hour period immediately following the Superintendent's or his designee's determination.
[b] 
Controlled substance testing. An on-duty employee shall be required to submit to a test for controlled substances when the Superintendent or his designee has reasonable suspicion to believe the employee has violated § 61-32E(2) entitled "Prohibited conduct" of this policy document, § 61-29M(1) entitled "Reasonable suspicion testing" of the Township's Employee Drug Screening Policy and Guidelines and § 61-24 of Ordinance No. 2-95. The Superintendent's or his designee's determination that reasonable suspicion exists must be based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. The observations may include indications of the chronic and withdrawal effects of controlled substances.
[c] 
The required observations for alcohol and/or controlled substances shall be made by a supervisor who has been trained in accordance with § 61-32E(5) of this policy.
[d] 
In all cases of reasonable suspicion testing, the Superintendent of Public Works, Buildings and Grounds and Park Maintenance or his designee shall be required to document his observations as described under § 61-29M(2) entitled "Procedures" under the Township's Employee Alcohol and Drug Screening Policy and Guidelines.
[Amended 4-8-2010 by Ord. No. 12-10]
[e] 
Under this type of testing, employees will be removed immediately from the performance of safety-sensitive functions pending the outcome of the test(s).
[6] 
Return-to-duty testing.
[a] 
The Superintendent of Public Works, Buildings and Grounds and Park Maintenance or his designee shall ensure that before a covered employee returns to duty requiring the performance of safety-sensitive functions after engaging in conduct prohibited by § 61-32E(2) of this policy document concerning alcohol, the employee shall undergo a return-to-duty alcohol test showing an alcohol concentration of less than 0.02%.
[Amended 4-8-2010 by Ord. No. 12-10]
[b] 
Individuals who are given an opportunity for a second alcohol test, as described above, and are still found to have an alcohol concentration of 0.02% or greater but less than 0.04% shall be subject to disciplinary action, all in accordance with the Township's Employee Alcohol and Drug Screening Policy and Guidelines document and as specified under Ordinance No. 2-95.[2]
[2]
Editor's Note: See § 61-25, Antiharassment policy.
[c] 
The Superintendent of Public Works, Buildings and Grounds and Park Maintenance or his designee shall ensure that before a covered employee returns to duty requiring the performance of safety-sensitive functions after engaging in conduct prohibited by § 61-32E(2) of this policy document concerning controlled substances, the employee shall undergo a return-to-duty controlled substance test indicating a verified negative result for controlled substance use. A positive test result shall subject the employee to disciplinary action all in accordance with the Township's Employee Alcohol and Drug Screening Policy and Guidelines document and as specified under Ordinance No. 2-95.[3]
[Amended 4-8-2010 by Ord. No. 12-10]
[3]
Editor's Note: See § 61-25, Antiharassment policy.
[7] 
Follow-up testing. When an employee is permitted to return to duty requiring the performance of safety-sensitive functions, the employee shall be subject to unannounced follow-up alcohol and/or controlled substances tests at least six times in the first 12 months following the return to duty. Additional follow-up testing, after the first year, shall not exceed 60 months from the date of the employee's return to duty. The number and frequency of such follow-up testing shall be as directed by a substance abuse professional.
(5) 
Training. The Township shall ensure that persons designated to determine whether reasonable suspicion exists to require an employee to undergo testing receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substances use. This required training is in accordance with CFR 382.603(a). The training shall cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and use of controlled substances. Such training and orientation will be performed by those professionals contracted through the Township's Employee Assistance Program provider.
(6) 
Confidentiality.
(a) 
Information regarding a medical condition which is obtained in the course of drug and alcohol testing must be treated as a confidential medical record. Such information shall be collected and maintained on separate forms and in medical files separate from the employee's personnel file.
(b) 
The laboratory performing drug testing under this policy shall report individual test results to the Medical Review Officer (MRO) only. The results shall not be disclosed by the laboratory to any other person other than to the individual who provided the sample. The MRO can release controlled substance test results to the Township's Business Administrator only after they have been confirmed positive and only after the MRO has made all reasonable efforts to discuss the results with the individual who provided the sample.
(c) 
Statistical compilations, without individual identifiers, may be made available to the public. Any individual who is the subject of a drug test shall, upon written request, have access to any records relating to his/her drug test. The confidentiality of test results and records in general shall conform to the requirements specified under § 61-29Q entitled "Records and reports" of the Township's Employee Alcohol and Drug Screening Policy and Guidelines.
(7) 
Employee notification.
(a) 
The Township's Business Administrator or his designee and the Superintendent of Public Works, Buildings and Grounds and Park Maintenance shall work together in establishing any other operational procedures not covered in this document to implement the testing procedures, all in accordance with the standards established in 49 CFR 383 et al. In addition, prior to the implementation of the policy and procedures outlined in this document, the Business Administrator and Superintendent of Public Works Buildings and Grounds and Park Maintenance shall provide all covered employees with a copy of this policy document prior to implementing any testing procedures.
[Amended 4-8-2010 by Ord. No. 12-10]
(b) 
All employees shall be required to sign an acknowledgment statement that they have received the policy document and an explanation of the procedures, and such receipt shall be maintained in the employee's personnel file.
(8) 
Disciplinary action. Any Public Works, Buildings and Grounds and Park Maintenance Department employee found with an alcohol concentration of 0.02% or greater and/or testing positive for a controlled substance for any of the alcohol and drug screening categories (for example, postaccident, reasonable suspicion and random and return-to-duty follow-up) shall be subject to the full range of disciplinary actions available to the Township Committee, including removal, as described under § 61-24 of Ordinance No. 2-95.
[Amended 4-8-2010 by Ord. No. 12-10]
[Added 7-28-2005 by Ord. No. 27-2005]
A. 
Employees of the Township of Hanover, including members of the Township Committee and all boards, commissions, committees and clubs, are prohibited from soliciting or accepting gifts, entertainment services, favors, business lunches, dinners or anything from contractors, vendors and developers that may give the appearance of influencing the independent business judgment of the Township's elected officials, appointed board members and paid civilian and uniformed personnel. In the event that an elected official, appointed board member or employee receives an unsolicited gift (tangible item), entertainment service, favor or any other amenity, the employee shall be obligated to report the receipt of the said gift or amenity to the Business Administrator/Township Clerk. It shall then be the obligation of the Business Administrator/Township Clerk to return the gift or amenity to the sender.
B. 
This policy shall not prohibit members of the Township Committee or Township officers from attending the usual vendor hospitality functions at the League of Municipalities Convention or from open houses, ground breaking ceremonies or dedication ceremonies held by property owners in the Township of Hanover.
C. 
The policy set forth above has been adopted by the Township Committee to assure the taxpayers of the Township of Hanover that all Township elected officials, appointed board members and paid employees are committed to fulfilling their statutory duties and responsibilities and to avoid even the appearance of a conflict of interest.
[Added 6-26-2008 by Ord. No. 16-08]
A. 
In accordance with N.J.S.A. 43:15C-2, any person appointed by the Township on or after July 1, 2007, to any of the positions set forth herein shall be eligible for and shall participate in the Defined Contribution Retirement Program:
(1) 
Business Administrator.
(2) 
Township Engineer/Assessment Search Officer.
(3) 
Superintendent of the Recreation and Park Administration Department.[1]
[1]
Editor's Note: Pursuant to Ord. No. 12-10, adopted 4-8-2010, the title of this department was changed from Parks and Recreation Department to Recreation and Park Administration Department.
(4) 
Municipal Prosecutor.
(5) 
Municipal Court Judge.
(6) 
Emergency Management Director.
B. 
Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S.A. 43:15C-2:
(1) 
Certified Health Officer.
(2) 
Tax Collector.
(3) 
Chief Financial Officer.
(4) 
Construction Code Official.
(5) 
Qualified Purchasing Agent.
(6) 
Tax Assessor.
(7) 
Professional Planner.
(8) 
Registered Municipal Clerk.
(9) 
Licensed Uniformed SubCode Inspector.
(10) 
Certified Public Works Manager (Principal Public Works Manager).
C. 
If an individual is appointed to one of the positions listed in Subsection A, and the individual is not serving in a position as described in Subsection B, the Pension Certifying Officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual:
[Amended 8-14-2008 by Ord. No. 21-08]
(1) 
Was an active participant in the Public Employee Retirement System on July 1, 2007, and continuously, since that time; or
(2) 
Has been appointed pursuant to a valid promotional process; or
(3) 
Is appointed on a temporary, interim, or "acting" basis to a position requiring state certification as set forth in Subsection B, and is in pursuit of the required certification; or
(4) 
Meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.
[Added 3-12-2009 by Ord. No. 6-09]
All department heads, managerial and supervisory personnel, and all full-time and part-time civilian administrative and clerical employees shall clock in and out at the beginning and the end of the workday, including lunch periods, by utilizing the Township’s designated time management system. The purpose of the time management system is to facilitate as much as possible the accurate compilation and recording of attendance information, and ultimately to provide an automated feed to the payroll system in replacing manual time cards. Any full-time or part-time civilian employee failing to utilize the time management system on a daily basis shall be subject to disciplinary action.
[Added 4-10-2014 by Ord. No. 12-14]
A. 
Commencing July 1, 2014, the net pay of all full-time civilian and law enforcement employees including part-time Township employees (except temporary and seasonal personnel) shall be made by direct deposit only. The Chief Municipal Finance Officer shall be responsible for the payment of employees through direct deposit.
B. 
If, however, a temporary or seasonal employee requests to have his/her net pay processed through a direct deposit, the Township's Finance Department will accommodate and process the request.
C. 
A copy of this Section shall be forwarded to the Chief Municipal Finance Officer for reference and action purposes.