Township of Hillsborough, NJ Chapter 89 Personnel Policies

[HISTORY: Adopted by the Township Committee of the Township of Hillsborough 11-12-1974 by Ord. No. 74-11 (Ch. 35 of the 1977 Code); amended in its entirety 9-24-1999 by Ord. No. 99-46. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Code of Ethics — See Ch. 49.

Officers and employees — See Ch. 73.

Police Department — See Ch. 92.

Salaries and compensation — See Ch. 99.

§ 89-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

DEPARTMENT HEAD

That person who is designated by the Township Committee as responsible to the Township Committee for the operation of a Township department.

FULL-TIME EMPLOYEE

An employee regularly performing not less than 37.5 hours of normal duty weekly.

MANAGER

An employee's immediate supervisor as designated by the Township Committee.

PART-TIME EMPLOYEE

An employee working 30 hours or less of normal duty weekly.

PERSONNEL COMMITTEE

A subcommittee of the Township Committee consisting of two members appointed by the Mayor to a one-year term commencing January 1 of each year.

TEMPORARY EMPLOYEE

An employee hired for a term not exceeding 120 consecutive workdays.

§ 89-2 General employment practices.

A. The Township Committee shall formally effect the creation of any new position or replacement in accordance with the applicable New Jersey statutes and authorize the filling of it prior to any employment or engagement of employee. In addition, there shall be provided in the current budget or otherwise specific and adequate funds to compensate the employee before employment is engaged.

B. Every applicant for a permanent position shall be at least 18 years of age and a citizen of the United States of America.

C. New employees entering new or existing positions, current employees changing positions and all employees entering newly created positions shall be considered probationary employees in the new position for a period of 90 calendar days, dispatchers 180 days. Management may, at its sole discretion, extend the probationary period for an additional 90 calendar days. Current employees will retain full benefits while in this probationary status.

D. At the end of the probationary period, the department head or his designee shall review the employee's work record with the employee; and, if satisfactory, recommend in writing, regular employment status to the Township Committee. If, at any time during or at the end of the probationary period, the conduct and/or performance of the employee is found to be unsatisfactory, the Township has the right to terminate the employee. The decision of the Township regarding termination of employees who are probationary in status shall not be subject to the grievance procedure or any other recourse in law or equity. In the case of a current employee changing positions and whose conduct and/or performance in the new position is found to be unsatisfactory, the Township will make a reasonable attempt to restore the employee to his/her former or comparable position, if available. In no case shall an employee be kept on a probationary status for more than the designated time allotment.

E. All full time employees shall receive health benefits under a health program as designated by the Township Committee.

F. All full-time employees shall become members of the Public Employee's Retirement System or the Police and Firemen's Retirement System as required by the rules and regulations of the Public Employee's Retirement System and/or the Police and Fireman's Retirement System.

G. No temporary or part-time employee shall be eligible for health benefits, sick leave or vacation.

H. Any change of marital status, residence, etc., shall be reported to the employee's department head within three days thereafter for the purpose of updating the personnel history file and payroll record.

I. This chapter is intended to be general in character and cover any and all employees and departments of government in this Township where there is not now or there is not hereafter adopted a specific ordinance or bargaining unit contract covering the same subject matter. Where there is a specific ordinance or bargaining unit contract covering a particular employee, department or subject matter, such as the Police Department, same shall be controlling.

§ 89-3 Application for employment.

A. An application form for employment must be completed by each person applying for a position with the Township of Hillsborough. This completed application will be referred to the department head of the department having the particular opening.

B. The department head or his designee will conduct a preliminary interview with each applicant and appraise the candidate of our personnel policies, conditions of employment, salary range and benefits and the duties of the position. If the position under consideration is for that of a department head, the Township Administrator will be responsible and will act pursuant to Subsections C and D below in place of the department head.

C. If the department head, following the interview, concludes that the candidate meets the requirements for the position, the department head will conduct a reference investigation and check all previous employment. If such information is favorable, the department head shall recommend hiring to the Administrator.

D. If the position is a department head, the Township Administrator will conduct a reference investigation and check all previous employment. If such information is favorable, the Township Administrator will arrange for an interview with the Personnel Committee.

E. If the applicant for a police officer or public works worker position is deemed suitable to hire, the department head will arrange a physical examination for the applicant at the Township's expense.

F. Following the successful completion of the foregoing procedures, the appointment of the applicant will be referred to the Township Committee for formal final action, including the amount of salary to be offered.

G. If approved by the Committee, the Township Administrator will notify the department head to advise the candidate of the starting date and arrange for the candidate to report to the office of the Treasurer to complete the necessary employment formalities. The Township Administrator will then arrange for the establishment of the employee's records.

§ 89-4 Personnel history files and payroll records.

A. A personnel history file will be established for each employee and maintained by the Township Clerk. Each department head will furnish and continuously update information to the Township Clerk on each employee in his/her department.

(1) Personnel history files shall be housed in a locked, file cabinet and filed in two groups: active and inactive (current employees and employees no longer in Township employ).

(2) The personnel history file will contain the following information where applicable:

(a) Employment application.

(b) Personnel attendance records.

(c) Personnel evaluation forms.

(d) Commendations.

(e) Promotion resolutions.

(f) Educational transcripts.

(g) Disciplinary actions.

(h) Letter of resignation.

(i) Any other pertinent information or material.

(j) Separate file for medical records.

(3) Only the Township Administrator and the Township Clerk shall have access to any and all personnel history files. A department head may have access to the records of employees directly under his supervision, in the presence of the Township Clerk. The Township Committee shall have access to appropriate files as part of a grievance or disciplinary proceeding.

(4) Any employee may examine his personnel history file at reasonable times in the office of the Township Clerk.

(5) Any personal comments written on an employee's file should be evaluations derived from a discussion between the employee concerned and his respective department head and a copy of such comments shall be given to the employee and the Township Administrator.

(6) Under no circumstances may any or all personnel history files or copies thereof be removed from the Municipal Building without the prior consent of the Township Committee and the employee.

(7) Police Department personnel history files shall be housed in the office of the Chief of Police and maintained by the Chief of Police.

B. Payroll records. Payroll records shall be maintained by the Township Treasurer.

§ 89-5 Evaluations.

A. Each department head, including the Administrator, will establish a mutually agreeable performance plan with each employee.

B. Every department head will meet individually with each employee in his department annually for the purpose of evaluating that employee's job performance and providing the employee with the opportunity to discuss any job-related questions. New employees or current employees in new positions shall have performance plans set and evaluations conducted during the first six months.

C. The evaluation will be recorded on the personnel evaluation form and signed by the department head. The employee will indicate concurrence with the evaluation by adding comments, if any, and signing the form.

D. If the employee does not concur with the evaluation, he should indicate nonconcurrence and sign the form.

E. The completed, signed form will be submitted for review by the Township Administrator then placed in the employee's personnel history file.

F. All department heads will be evaluated by the Township Administrator in the same manner as indicated above, and the evaluation will be reviewed by the Township Committee or a subcommittee thereof. The Township Administrator will be evaluated by the Township Committee or a subcommittee thereof.

G. Police Department Personnel are exempt from this clause and will be evaluated under the guidelines set forth in the Police Department policy as set forth by the Chief of Police.

§ 89-6 Time and attendance.

A. Each employee will maintain the time and attendance form and submit it biweekly for certification by his department head or manager. Department heads and managers of departments will have the Township Administrator certify their forms. Employees of departments which do not have full-time department heads or managers will submit their time and attendance forms biweekly for certification by the Township Administrator. The Township Administrator will have the form certified by the Township Clerk and the Township Clerk by the Administrator. All certified time and attendance forms will be submitted to the Township Treasurer for the purpose of updating the personnel attendance records in the personnel history files and for creation of the payroll.

B. The hours of work for all Township employees shall, without exception or unless otherwise stated in this chapter or in a collective bargaining agreement or as defined by the Township Administrator and approved by the Township Committee for those positions which require a different work schedule to perform their duties, be at a minimum Monday through Friday, from 8:00 a.m. through 4:30 p.m. The hours of work for the Township Public Works Department shall be Monday through Friday, from 7:00 a.m. to 3:30 p.m., unless otherwise stated in a collective bargaining agreement. Township Police Department employees shall work pursuant to a schedule established by the Chief of Police consistent with any collective bargaining agreement and applicable law. Managerial and supervisory employees may have to perform their duties beyond these hours.

[Amended 3-25-2003 by Ord. No. 2003-02]

C. All Township employees shall, without exception or unless otherwise stated in this chapter, be at their assigned posts ready to perform their duties during normal working hours.

[Amended 3-25-2003 by Ord. No. 2003-02]

D. Any lateness and the reason for it shall be noted on the time and attendance form. Recurring or chronic lateness may lead to disciplinary action, e.g., deducting pay for actual time late, suspension or termination.

E. It shall be the responsibility of each employee to notify his department head or manager without delay if he is to be absent from or delayed in reaching his post. If he is unable to contact his department head or manager, the Township Administrator shall be notified. Failure to report when absent may lead to disciplinary action; e.g., deducting pay for actual time of unauthorized absence, suspension or termination. Vacation and personal day requests shall be submitted to the department head prior to the days to be taken.

F. [1]Lunch periods shall be of 1/2 hour duration and must be arranged to make certain that duty stations will be covered during the period.

[1] Editor's Note: Former Subsection F, concerning extension of hours by department head, was repealed 3-25-2003 by Ord. No. 2003-02. This ordinance also provided for the redesignation of former Subsection G as Subsection F.

G. Transitional duty.

[Added 5-25-2010 by Ord. No. 2010-13; amended 12-10-2019 by Ord. No. 2019-25]

(1) The Township will endeavor to bring employees with temporary disabilities back on the job as soon as possible and may assign transitional duty to employees who temporarily cannot perform the essential functions of their positions because of injury or illness but are capable of performing alternative duty assignments. Transitional duty is not guaranteed.

(2) Transitional duty will be accommodated when the Workers' Compensation Physician determines that the employee can return to work with restrictions. Transitional duty will only be assigned if the employee will be able to perform the essential functions of the position after the transitional duty period. The Workers' Compensation Physician and/or provider will consult with the Township Administrator to determine if there is any meaningful work that can be performed consistent with the restrictions. Transitional duty assignments may be to any department and not just the employee's normally assigned department and may be for any duties that are approved by the Physician.

(3) There will be no positions created for transitional duty assignments. The granting or denial of a transitional duty assignment or the termination of such assignment shall not be grievable.

(4) Employees may not refuse transitional duty assignments. In such case, failure to report to work as directed shall constitute immediate grounds for dismissal. If the employee believes that the transitional duty assignment is beyond the employee's abilities, the employee may request a meeting with the Township Administrator, who will render a written response within 24 hours after said meeting if granted or within 24 hours after a denial of a meeting. Refusal to report for work after said meeting shall also constitute immediate grounds for termination.

(5) Employees on transitional duty will receive their regular salaries and benefits. If transitional duty is approved, the employee and/or Workers' Compensation Physician and/or provider must keep the Township Administrator informed of the medical progress of the employee. If, at the end of the transitional duty period, the employee is not able to return to work without restrictions, the Township reserves the right to require a functional capacity test be performed to extend the transitional duty or place the employee back on workers' compensation or disability or terminate the employee's employment with the Township. This policy does not affect an employee's rights under all applicable state and federal laws.

(6) (Reserved)

(7) Prior to the return to full duty status, the Workers' Compensation Physician must sign a statement of medical certification supporting the reassignment of the employee back to normal duties without restrictions.

§ 89-7 Longevity.

A. All current employees, in addition to the base salary, shall be paid with their base pay during each pay period, longevity based on the following scale:

	Years Completed	Percentage of Base Salary
	Upon completion of 5 years	2% of base salary
	Upon completion of 10 years	4% of base salary
	Upon completion of 15 years	6% of base salary
	Upon completion of 20 years and thereafter	8% of base salary

B. There is hereby established a new longevity schedule for employees hired after January 1, 1996, as follows:

	Years Completed	Longevity Payment
	Upon completion of 5 years	$250
	Upon completion of 10 years	$500
	Upon completion of 15 years	$750
	Upon completion of 20 years and thereafter	$1,000

§ 89-8 Overtime.

A. Overtime work shall be kept to a minimum and, except in cases of emergency, shall be authorized by the heads of departments with the prior approval of the Administrator. Reasons for all overtime shall be noted on the time and attendance form.

B. ln. all instances, however, overtime compensation of 1 1/2 times the base hourly rate shall commence only after the completion of 40 hours' work in any one calendar week. Holidays, sick days, personal days and vacation days may be counted toward the 40 hours for overtime, with the number of hours per day equal to the number of hours in the employee's normal workday. Workers' compensation does not constitute hours worked.

C. Department heads, managers, police officers above the rank of Sergeant, deputy department heads and other nonunion salaried employees shall not be entitled to overtime pay.

D. In computing overtime compensation, the nearest 1/4 hour shall be the smallest fraction of an hour to be reported.

E. The base hourly rate for all Township employees shall be calculated by dividing the employee's annual base salary by the number of hours in the employee's work year.

§ 89-9 Holidays.

A. The following days will be recognized as holidays for Township employees with Township offices closed and normal operations suspended:

[Amended 12-9-2008 by Ord. No. 2008-46]

(1) New Year's Day.

(2) Martin Luther King's Birthday.

(3) Presidents' Day.

(4) Good Friday.

(5) Memorial Day.

(6) Independence Day.

(7) Labor Day.

(8) Columbus Day.

(9) Veterans' Day.

(10) Thanksgiving Day.

(11) The day after Thanksgiving Day.

(12) Christmas Eve.

(13) Christmas Day.

(14) Two floating holidays (cannot be carried over to the following year.)

(15) Adjustments to the holiday schedule in this section may be approved by resolution of the Township Committee.

(16) The holiday schedule does not apply to employees covered by a collective bargaining agreement.

B. Police Department personnel shall work regular rotational schedules without regard for recognized holidays.

(1) Dispatchers hired after January 1, 1986, in lieu of holiday time off, 15 days will be paid at straight time in addition to base salary as follows:

(a) Holiday pay shall be paid in biweekly installments.

(b) Holiday compensation shall be adjusted for all holidays falling on or after the individual employee's anniversary date.

(2) Dispatchers hired prior to January 1, 1986, will be given the following seven days off in lieu of pay and the balance of the eight holidays will be paid as stated in B(1)(a) and (b) above.

(a) New Year's Day.

(b) Memorial Day.

(c) Independence Day.

(d) Labor Day.

(e) Thanksgiving Day.

(f) Christmas Eve.

(g) Christmas Day.

C. If a holiday is declared by the President of the United States, employees shall be entitled to such holiday in addition to those designated. In lieu of holiday time off, payment for the designated holiday will be included in the final pay period of the year at a rate of straight time.

D. If a special holiday is declared by resolution of the Township Committee, not covered by this or any other contract agreement, employees shall be entitled to such holiday in addition to those listed in this section. In lieu of holiday time off, payment for the designated day will be included in the final pay period of the year at a rate of straight time.

E. Hourly employees who are required to work on a holiday will be paid for actual time worked at twice the base hourly rate.

(1) Police dispatchers will be paid straight time for normal scheduled hours on a holiday.

(2) Police dispatchers will get paid twice their hourly rate for any overtime work actually worked on a holiday.

F. When a holiday falls during an employee's allotted vacation, the employee will be given an additional day off, arranged with and approved by the department head.

G. When a recognized holiday falls on a Sunday, it will be observed the following Monday. When such a holiday falls on a Saturday, it shall be observed the prior Friday.

H. To be eligible to receive holiday pay, an employee shall work the full regularly scheduled workday before the holiday and the regularly scheduled workday after the holiday, unless he has been excused by his department head or unless his department head is satisfied that his absence was justified.

§ 89-10 Vacations.

A. In the calendar year of hire, all full-time employees will be entitled to one paid vacation day for each month worked after the first two months of service. If employed from the first to the 15th of the month, employee will be considered employed for the current month. If hired from the 16th to the end of the month, vacation time starts the following month.

B. Employees will be entitled to paid vacation in subsequent calendar years according to the following table:

	Years of Service	Vacation Days
	1 through 5	10
	6 through 10	15
	11 or more	201
	21 or more	231
	1 21 days for Lieutenant, Captain and Chief (Police Department only)

C. Department heads will receive one extra week vacation.

D. All vacation periods earned during a calendar year must be taken during that year. The Township Administrator, for good and sufficient cause shown, may allow any part or all of the earned vacation to be taken in the year following that in which it is earned. Under no circumstances may an employee accrue more than 30 days vacation.

E. Vacation periods must be arranged with and approved by the appropriate department head or designee and must be taken in a minimum of  half-day increments.

F. The Township Committee, Township Administrator or department head, may, for good cause shown, suspend any vacation period and require that it be taken at a different time.

§ 89-11 Sick leave.

A. As used in this section, "sick leave" means paid leave that may be granted to each full-time employee who through sickness or injury becomes incapacitated to a degree that makes it impossible for him to perform the duties of his position or who is quarantined by a doctor's written instruction because he has been exposed to a contagious disease. Sick leave may also be taken for illness of a member of the immediate family, which is understood to mean spouse, children or parent residing in the same dwelling place with the employee.

B. Each employee shall be allowed to accumulate sick leave at the rate of one day for each month worked. Upon the retirement or termination of employment of any employee, such accumulated sick leave shall entitle him to receive, in addition to any other compensation due him, a payment based on the rate of one day's compensation, at the employee's current salary rate, for each three days' sick leave.

C. In the event that an employee is eligible to receive municipal, state or federal disability payments, accumulated sick leave will be paid at a rate such that the combination of sick leave and disability payments will equal the employee's normal compensation until the accumulated sick leave is exhausted.

D. An employee who is absent because of disability or trauma caused in the usual course of his employment and directly in the line of duty must have such absence certified by a Township-selected physician at Township expense. Upon Township receipt of this certification, the employee will receive his normal weekly compensation less any applicable workmen's compensation benefits for a period of one year from the date of the disability or accident. Such absence will not be charged against the employee's, accumulated sick leave; however, all other provisions of this section shall apply.

E. No employee while on sick leave from the Township shall be otherwise employed or engaged in any outside work or employment.

F. Sick leave shall not be used in advance of its accrual.

G. In all cases of reported illness or disability, the department head shall have the right to require a doctor's certification of illness or to have a physician designated by the Township examine and report on the condition of the patient employee.

H. All absences on account of illness or disability shall be reported immediately by or for the employee to his department head or manager. If the department head or manager cannot be contacted promptly, the report shall be made to the Township Administrator.

I. If an absence is not reported immediately, it shall be treated as an unauthorized absence without pay.

J. In the event of an injury caused in the course of employment, the injured employee, or his manager if the employee is incapacitated, should report such injury on the first available work day to the Township Administrator, who will process the necessary forms for insurance purposes. The employee should then report to a physician selected by the Township, and the physician's report and bill should be forwarded to the Township Administrator.

§ 89-12 Disability insurance.

The Township shall pay for and provide each full-time employee, who is not a member of a contract bargaining unit, disability insurance equal to 50% of the employee's base salary and payable for a term of six months, subject to a seven-day waiting period.

§ 89-13 Personal time; bereavement.

A. Each employee shall be allowed three days with pay during the calendar year for the conduct of personal business, arranged with and approved by the department head and must be taken in a minimum of  half-day increments.

B. In addition to the above, each employee shall be allowed four days with pay upon the death of a member of his immediate family.

C. The term "immediate family" for the purpose of this section shall include only:

(1) The employee's spouse, child, parent, brother, sister or domestic partner.

(2) The child, parent, brother or sister of his spouse.

(3) A relative living under the same roof.

D. A one-day bereavement leave shall be allowed for the following nonimmediate family:

(1) Employee's or spouse's grandparent.

(2) Employee's grandchild, aunt, uncle, niece or nephew, sister-in-law or brother-in-law.

§ 89-14 Jury duty.

A. Regular employees shall receive the difference between full pay and jury pay for any time spent on jury duty on those days when the jury is not in session or on days when the employee is excused from jury service prior to 2:00 p.m., he shall return to his department to perform his regular duties for the balance of the workday.

B. When summoned for jury service, the employee shall give his summons to his department head, who shall see that it is included in the employee's personnel history file. The employee shall then be granted the appropriate time off by his department head.

§ 89-15 Military leave.

A. Any full-time employee who is a member of the National Guard, naval militia, Air National Guard or a reserve component of any of the armed forces of the United States and is required to engage in field training shall be granted a military leave of absence with pay for the period of such training as is authorized by law. This paid leave of absence shall be in addition to his vacation.

B. If the amount of pay the employee receives from the federal or state government for temporary training duty (a period not to exceed 15 consecutive days of training) is less than the base compensation which he would have received for the same period, he shall be paid the difference by the Township.

C. When an employee not on probation has been called to active duty or inducted into the military or naval forces of the United States, he shall automatically be granted an indefinite leave of absence without pay for the duration of such active military service and all employee benefits shall cease. Such employee may be reinstated without loss of privileges or seniority accrued to the last day worked, provided he reports for duty with the Township within 60 days following his honorable discharge from the military service and has not voluntarily extended the length of his military service.

D. If the military service occurs during a time of war, reinstatement will be allowed up to three months after the date of honorable discharge unless the employee is incapacitated at the time of discharge, in which case reinstatement will be allowed up to three months following his recovery so long as the recovery occurs within two years from the date of discharge.

E. "Active duty" shall mean more than 15 days' service.

§ 89-16 Maternity leave.

The provisions of § 89-12, Disability insurance, § 89-17, Leave of absence without pay, and/or the Family and Medical Leave Act[1] will provide for maternity leave.

[1] Editor's Note: The Family and Medical Leave Act, enacted into law February 1993, and N.J.S.A. 34:11B-1 et seq. may be applicable.

§ 89-17 Leave of absence without pay.

A. A leave of absence without pay may be requested by an employee, who shall submit in writing all facts bearing on the request to his department head, who shall append his recommendations and forward the request to the Township Administrator. If the leave request is for 10 business days or less, the Township Administrator may approve it. If it is for more than 10 business days, the concurrence of the Township Committee must be obtained. Each case shall be considered on an individual basis and, if leave is granted, all employee benefits shall cease and shall be fully assumed by the respective employee. The employee may be reinstated without loss of privileges and seniority accrued to the last day worked at the discretion of the Township Committee.

B. If the leave of absence is being requested under the provisions of the Family and Medical Leave Act, the following policies will apply:

(1) Intermittent leave will not be granted for maternity care.

(2) All available vacation, personal and sick leave time must be exhausted before allowing leave without pay.

§ 89-18 Educational assistance.

A. It is the policy of the Township of Hillsborough to encourage continuing education on the part of regular, full-time employees for the purpose of enabling them to perform more efficiently in their jobs and to better prepare them for advancement and promotion within the Township.

B. This policy applies to all personnel not governed by a contractual agreement.

C. Educational assistance will only be considered for those course(s) that are deemed to be of value to the position the individual currently holds, or might hold if promoted, and if funds are available in the current or succeeding budget.

D. Continuing education includes college courses as part of a degree program, individual college courses, nonaccredited courses, certification programs, and seminars and conferences. Since these categories vary in scope, cost, time expended and expected benefit to the Township, varying levels of approval must be obtained.

E. As a means of sustaining the Township's investment, personnel who are no longer in the employ of the Township at the scheduled time for reimbursement shall not receive reimbursement.

(1) College courses and degree programs.

(a) Approval required. The Township Committee must pre-approve all requests. The recommendation of the employee's department head and the Township Administrator must also be obtained.

(b) Amount of reimbursement. Seventy percent of the cost of tuition and fees based on the per-credit cost in effect at Rutgers University.

(c) Grade required for reimbursement. Only those grades designated as "C" or better will be eligible for reimbursement. There will be no reimbursement for grades of "D" or "F." For courses graded on a "pass/fail" basis, only those courses with a "passing" grade are eligible for reimbursement.

(d) Reimbursement will be made one year after the completion of the course. The employee must provide a transcript to the Administrator in order to document successful completion of the course.

(2) Certifications and nonaccredited programs.

(a) Approval required. The Township Administrator, in consultation with the department head, must pre-approve requests to attend these classes.

(b) Amount of reimbursement. Seventy percent of the cost of tuition and fees, based on the per credit cost in effect at Rutgers University, will be reimbursed.

(c) Reimbursement will be paid six months after proof of successful completion of the course.

(d) In the event the Township Administrator directs an employee to attend such a course, the Township will pay the full cost to the host institution prior to the start of the course.

(3) Seminars and conferences. Department heads are empowered to approve attendance at seminars and conferences that do not exceed two days' duration. In the event the two-day timeframe is exceeded or if the cost is in excess of $500, then the approval process is the same as for certifications and nonaccredited programs outlined above.

(4) For all categories of classes and seminars, the following procedures apply:

(a) If the college course or degree program takes place during the employee's regular working hours, the participating employee must arrange to make up the time.

(b) If the Township requires that an employee attend a class or seminar, then the cost of books, meals, transportation and other similar expenses will be eligible for reimbursement pursuant to the Township's employee expense policy. Otherwise these costs are not eligible for reimbursement.

(c) It is the responsibility of the employee to furnish to the approving authority the necessary information about the proposed educational programs as far in advance as possible in order to provide adequate time for review of the request. The necessary information shall include a description of the course, seminar, etc. The employee must also demonstrate how the proposed education will benefit the Township, either with the employee's current job and responsibilities or to prepare the employee for possible promotion.

(d) All employees who seek educational assistance are initially obligated to seek out other forms of applicable financial assistance such as veteran's benefits, fellowships or scholarships.

§ 89-19 Uniform allowance for dispatchers.

Dispatchers will receive a uniform allowance as determined by the Police Chief and approved by the Township Committee. This amount is to be allocated in the police budget for the year.

§ 89-20 Salary and benefits for superior officers of Police Department.

Benefits and salaries for superior officers of the Police Department shall be determined by the Township Committee and will minimally be equal to the benefits realized by the PBA.

§ 89-21 Political activity.

A. It shall be the declared policy of the Township to appoint or hire all employees without regard to political considerations. If an appointed position has been previously filled by a competent employee who is doing his job well in the opinion of his department head, this employee should be reappointed in order to avoid the confusion and lost time involved in training a new employee. For the purpose of this section, "Township employees" are defined to include full-time, temporary, probationary, seasonal and part-time personnel appointed by the Township and receiving an annual or hourly reimbursement for their service.

B. Township employees shall not engage in any political activities during working hours or on municipal property.

C. No Township employee shall directly or indirectly use or seek to use his authority or official influence to control or modify the political action of another person.

D. No person in Township employ shall invite, demand or accept payment or contribution from municipal employees for political campaign purposes.

E. Nothing in this section shall be construed to prevent Township employees from becoming or continuing to be members of any political party, club or organization; attending political meetings; expressing their views on partisan political matters outside of working hours and off Township premises; circulating or signing petitions; or voting with complete freedom in any election.

F. Violation of any provisions of this section shall be deemed sufficient cause for suspension or dismissal from the Township service.

§ 89-22 Grievance procedure for Township employees.

A. It is declared to be the policy of the Township of Hillsborough that every employee shall at all times be treated fairly, courteously and with respect, and that conversely, each employee shall accord the same treatment to his associates, manager and to the public.

B. Whenever an employee has a grievance, he shall first present it verbally to his manager. It shall be the responsibility of the manager to arrange a mutually satisfactory settlement of the grievance as quickly as possible if such settlement can and in his opinion should be made within the discretion permitted him. The manager shall either conclude a mutually satisfactory solution to the grievance within 48 hours of the time that it was first presented to him or, failing in that, advise the employee within that time of his inability to do so.

C. When an employee is informed by his manager that he is unable, within the discretion permitted him, to arrange a mutually satisfactory solution to the grievance, the employee, if he wishes to present the grievance to a higher authority, shall do so in writing to the Township Administrator in accordance with the procedure hereinafter set forth.

D. The employee shall prepare the grievance in writing, in duplicate. The grievance shall be stated as completely and as clearly as possible in order to permit prompt handling. One copy of the grievance shall be immediately placed in the hands of the Township Administrator.

E. The other copy of the grievance shall be presented by the employee to his immediate manager (to whom the grievance was made verbally). The manager shall report to the Township Administrator the facts and events which led up to its presentation, in writing, including in his written report any verbal answer he may have previously given to the employee concerning such grievance, within 24 hours after receipt of the written grievance.

F. The Township Administrator shall attempt to find a mutually satisfactory solution to the grievance within 48 hours, or failing in that, shall forward the grievance, accompanied by his written report on the matter, to the Personnel Committee. The Personnel Committee will then consider the matter and make recommendations to the Township Committee for formal action.

G. Since it is intended that most if not all grievances can and should be settled without the necessity of reference to the Committee, no grievance shall be heard or considered by the Committee unless and until it has first passed through the above-described procedural steps.

§ 89-23 Grievance procedure for police dispatchers.

A. Purpose.

(1) The purpose of this procedure is to secure at the lowest possible level equitable settlement of the problems which may arise affecting the employees' terms and conditions of employment. The parties agree that this procedure will be kept as informal as may be appropriate.

(2) Nothing contained herein shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate superior of the Department.

B. Definition. The term "grievance" as used herein means any controversy arising over the interpretation, application of, or violation of any provisions contained herein.

C. Steps of the grievance procedure. The following constitutes the sole and exclusive method for resolving grievances between the police dispatchers and the Township of Hillsborough and shall be followed in its entirety unless any step is waived by mutual consent.

(1) Step One.

(a) An aggrieved employee shall institute action under this provision in writing hereof within 30 calendar days of the occurrence or knowledge of the occurrence of the grievance and an earnest effort shall be made to settle the differences between the aggrieved employee and the Chief or his designee for the purposes of resolving the matter informally. Failure to act within the said 30 calendar days shall be deemed to constitute an abandonment of the grievance.

(b) In any event the Chief of Police or his designee shall render a decision in writing with reasons for his decision within 10 calendar days after the grievance is first presented to him.

(2) Step Two. If the grievance is not resolved through Step One, the grievant shall present the grievance in writing to the Township Police Committee within 10 calendar days from the date the Chief or his designee renders a decision. The Township Police Committee shall present a decision with reasons, in writing, within 10 calendar days after receipt of the written grievance.

(3) Step Three. If the grievance is not resolved through Step Two, the grievant may request a hearing with the Township Committee. The request shall be filed, in writing, with the Township Clerk within 10 calendar days of the receipt of the Step Two decision. The Township Clerk shall then arrange a mutually acceptable time for a grievance hearing within 15 calendar days after the receipt of said request. The Township Committee shall render a decision within 10 calendar days after the said hearing with reasons herein. The Committee shall hear only one grievance on only one issue per hearing. No multiple grievance hearings will be permitted unless by written consent of the Township and the PBA prior to the commencement of the hearing.

(4) Step Four.

(a) If the grievant is not satisfied with the decision rendered in Step Two and chooses not to submit his grievance to the Township Committee under Step Three, the grievant may submit his grievance to an arbitrator who will be permitted to write a written advisory opinion which will not be binding. Request for such arbitration shall be made within 14 calendar days after the determination of the Township Police Committee in Step Two or the Township Committee in Step Three. Arbitrators shall be selected pursuant to the rules of the New Jersey State Board of Mediation.

(b) The arbitrator shall be bound by the provisions of this Ordinance No. 96-3 and restricted in his opinion to the application of the facts presented to him involved in the grievance. The arbitrator shall in no way have an authority whatsoever to add to, modify, detract from or alter the provisions of this agreement or any amendment or supplement thereto.

(c) The costs of the services of the arbitrator shall be borne equally by the Township and the employee. Any other expenses including but not limited to the presentation of witnesses shall be paid by the party incurring same.

(d) The arbitrator shall only be permitted to hear one grievance on only one issue for arbitration. No multiple grievance arbitrations will be permitted unless by written consent of the Township and the employee prior to the commencement of the arbitration.

D. Either the Township or the employee may waive any steps to the grievance procedure but said waiver can only be done in writing with consent of the other party in question.

E. Time limits set forth herein shall be strictly adhered to. If any grievance has not been initiated within the time limit specified, the grievance shall be deemed to have been waived. If any grievance is not processed to the next succeeding step in the grievance procedure within the time limits prescribed, the disposition of the grievance at the prior step shall be deemed to be conclusive. Nothing herein shall prevent the parties from mutually agreeing to extend or contract the time limits provided for processing the grievance at any step in the grievance procedure.

§ 89-24 Disciplinary action.

A. Should a manager believe that an employee is not conforming to the letter or spirit of the Township policies and rules or to specific instructions given him or has acted improperly, the manager shall first privately discuss the matter with the employee concerned in order to obtain the employee's view of the matter. The manager shall, if possible, then obtain assurance that there will not be a repetition of the incident.

B. If the manager is satisfied after such discussion that the offense is not sufficiently serious to warrant further consideration, no further action shall be taken other than a notation of the incident in the employee's personnel history file.

C. Should the manager consider the offense sufficiently serious to warrant its consideration by the next higher authority, the employee shall be so advised and a meeting of those interested shall be arranged at the earliest possible date. All facts should be presented at this meeting, which should, if possible, be conclusive. A written report of the meeting and of the action taken shall be placed in the employee's personnel history file.

D. In the event that it appears desirable to do so, the matter may be referred to the Personnel Committee of the Township Committee for review and/or such action taken as is warranted by the facts.

E. Disciplinary actions shall be taken in the following forms:

(1) Informal, private, verbal reproof by manager.

(2) Written memorandum of censure from department head.

(3) Letter of admonition from the Personnel Committee.

(4) Suspension from duty without pay.

(5) Transfer or demotion of employee by Township Committee action.

(6) Discharge from service of the Township by Committee action, in accordance with the provisions of § 89-25.

F. Summary suspension from duty without pay of any employee may be ordered by the department head if and when such summary action is deemed necessary with the consent of the Township Administrator.

G. The suspension of an employee must be reported in writing by the department head to the Township Administrator within 24 hours and a copy thereof shall be provided to the employee.

H. A fair and complete review of any such summary suspension shall be made within 48 hours by the Township Administrator to accumulate all facts and to interview all interested persons. A written record of the investigation shall be made by the Township Administrator. The findings and recommendations of the Township Administrator, supported by all available data, shall be referred to the Township Committee if further disciplinary action is contemplated.

I. The Township Committee shall weigh such facts and recommendations, make such further investigation as is desired and, at the earliest possible date, make its decision as to what further disciplinary action is to be taken, if any.

J. All papers in connection with a disciplinary action shall be placed in the employee's personnel history file.

K. Any employee may appeal a disciplinary action by means of the procedures set forth in the foregoing section for handling grievances.

L. Any police personnel are exempt from this section and shall be disciplined under the rules, regulations and procedures as set forth by the Chief of Police.

M. Township management will make every effort to adhere to the steps outlined above but reserves the right to take alternative action when management deems such alternative action is necessary for reasons of health or safety or to insure the uninterrupted operations of Township business.

§ 89-25 Dismissal.

A. Dismissal is the removal of an employee from the service for cause. An employee may be dismissed from service for any of the following causes, but dismissal of an employee shall not be limited to such causes enumerated.

(1) Incompetence or inefficiency in the performance of duties or other inability to perform assigned duties.

(2) Wanton carelessness or negligence in the performance of duty.

(3) Offensive treatment of charges, fellow employees or other persons.

(4) Violation of any lawful official regulation or order or failure to obey any lawful or reasonable directions given by superiors when such violation or failure to obey amounts to insubordination or serious breach of discipline.

(5) Violation of a provision of the Code of Ethics of the Township[1] as determined by the Township Administrator, department head and Ethical Standards Board.

[1] Editor's Note: See Ch. 49, Ethics, Code of.

(6) Conviction for a criminal offense.

(7) Willfully causing damage to public property or waste of public supplies.

(8) Habitual tardiness, habitual absenteeism without notice, drunkenness, dishonesty or loss of driver's license when it is necessary for the performance of duty.

B. Procedure.

(1) A department head may recommend to the Administrator that an employee be dismissed when such action is deemed to be in the best interest of the Township. Such dismissal recommendation shall be in writing, signed by the department head, and shall state the reasons therefor and a copy thereof shall be provided to the employee, the Township Committee and to the employee's personnel file.

(2) Any employee who is recommended for dismissal by his department head may request a hearing on his dismissal by the Township Committee. In this event, he will be provided with a true copy of such recommendation at least 10 days prior to the hearing. The employee will be under suspension until the date his status is resolved by the hearing. The Township Committee, upon holding a hearing on the charges, may dismiss the employee if such action is warranted by the facts before it.

(3) The hearing may be public or private as desired by the employee at the time the hearing date is set by the Township Committee. During the hearing, the employee shall have the right to representation by legal counsel, to subpoena witnesses to testify and to obtain and present documentary evidence.

(4) Probationary, temporary or part-time employees may be dismissed at the discretion of the department head with the consent of the Administrator, and the reason for such dismissal duly noted in the personnel history file.

C. Township management will make every effort to adhere to the steps outlined above but reserves the right to take alternative action when management deems such alternative action is necessary for reasons of health or safety or to insure the uninterrupted operations of Township business.

§ 89-26 Suspension.

A. Suspension is the temporary removal of an employee from service. A suspended employee shall not receive pay nor be permitted to use or accrue any privileges or benefits during the suspension period.

B. An employee may be suspended without pay for reasons of misconduct, negligence, inefficiency, disloyalty, insubordination, unauthorized absence or other offenses.

C. A department head may recommend to the Township Administrator that an employee be suspended from service for cause at any time. Such suspension recommendation shall be brought to the attention of the employee in writing and shall specify the cause and number of days the employee should be suspended. If the Township Administrator approves, suspension shall become effective immediately and notice thereof in writing given to the employee. The Township Administrator shall advise the Mayor and other members of the Township Committee of the action in writing not later than three days after the decision. The Township Administrator may refer the entire matter to the Township Committee for decision.

D. Review on appeal. Whenever an employee is recommended for suspension, he may, within 10 days after receiving notice of said suspension from his department head, request in writing a review of said suspension recommendation by the Township Committee. The Township Committee shall review such suspension at a hearing in the same manner as dismissal hearings and make its determination, which will be final. If the Township Committee finds such suspension unwarranted, the employee shall be reinstated without any loss of privileges or benefits and receive any pay withheld.

E. Probationary, temporary or part-time employees may be suspended at the discretion of the department head and the reason for such suspension shall be duly noted in the personnel history file.

§ 89-27 Separation.

A. Separation from the service of the Township may result from voluntary resignation of the employee or by the termination of his services by the Township Committee.

B. Employees who resign shall tender their resignation in writing, if possible, at least two weeks prior to the effective date of resignation in order to provide sufficient time for the appointment and training of a successor.

C. If an employee resigns, the Township Administrator and the Personnel Committee shall interview him separately if deemed beneficial by the Personnel Committee or if requested by the employee, to determine, if possible, whether there is a reason other than that stated for the employee's leaving the service of the Township. All pertinent data, along with the resignation, shall be filed with the Township Administrator and Township Clerk and referred to the Township Committee before the effective date of the resignation.

D. Termination of a full-time employee's services for cause shall only be accomplished by the procedure established in § 89-25.

E. All employees shall, when leaving the service of the Township, complete and sign a termination receipt when receiving their final compensation. This receipt shall be filed in the employee's personnel history file as evidence of the satisfaction of all claims against the Township.

F. Upon the recommendation of the department head, with the consent of the Township Administrator, the terminated employee, at the discretion of the Township Committee, may be granted severance payment of one day for each year of service, provided that the employee has been in the Township's service for at least 10 years.

§ 89-28 Applicability of New Jersey statutes.

In the event that, by reason of any tenure rights of any officer or employee of the Township or by reason of any New Jersey statute specifically governing the rights of any such officer or employee, any revision of this chapter is inconsistent with the New Jersey statutes in such case made and provided applicable to any such officer or employee, then such statutory provision shall govern and supersede the provisions of this chapter.