Classified employees who have acquired permanent employment status as provided in § 40-8 may be temporarily suspended from the Township's employ by layoff or suspension, or permanently separated by resignation or dismissal, as more particularly set forth in this Article, subject at all times to the rules and regulations of the Civil Service Commission of the State of New Jersey.
A.
Layoff. Whenever there is a lack of work or a lack
of funds requiring a reduction in the number of employees in a department
of the Township government, the required reductions shall be made
in such job classification or classifications as the Township Council
may designate in consultation with the Municipal Manager. Employees
shall be laid off in the inverse order of their length of service.
Within each affected job class, all temporary employees shall be laid
off before any permanent employee. Permanent (including probationary)
employees so affected shall be given a minimum of 45 days' notice
of layoff or demotion in lieu of layoff.
[Amended 10-29-1970 by Ord. No. 1970-21]
B.
Retirement.
(1)
Employees enrolled in the Public Employees' Retirement
System of the State of New Jersey are subject to the requirements
and provisions of that plan.
(2)
Employees are eligible to retire with full benefits
at age 60 and with reduced benefits at any age after 25 years of service.
(3)
Retirement from the Township service shall be mandatory
at age 70, but service may be extended on an annual basis upon recommendation
of the Municipal Manager and approval of the Township Council.
(4)
Police officers are eligible to retire with full benefits
at age 55 and with reduced benefits at any age after 25 years' service.
(5)
Retirement from the Township service shall be mandatory
for police officers upon reaching their 62nd birthday.
C.
Resignation.
(1)
An employee may resign from his position by tendering
a written resignation to his department head, who shall review the
request, attach the same to the employee's personal history file and
forward a copy of the request to the Municipal Manager, who in turn
shall notify the Township Council. Unless there are disciplinary charges
pending against the employee, the Municipal Manager shall notify the
employee in writing of acceptance of his resignation in good standing.
An employee shall give a minimum of two weeks' notice before the effective
date of his resignation. Failure to do so may result in loss of vacation
credits.
(2)
When an employee resigns, the department head, if
time permits, shall interview him to determine whether there is reason
other than that stated for the employee's leaving the service of the
Township.
D.
Dismissal or demotion. A permanent employee may be
dismissed from the service or demoted for cause. The causes sufficient
for removal from the service shall include the following
(1)
Neglect of duty.
(2)
Absence without leave or failure to report after authorized
leave has expired or after such leave has been disapproved or revoked;
provided, however, that any regular member or officer of the Police
Department who shall be absent from duty without just cause for a
term of five days continuously and without leave of absence shall,
at the expiration of such five days, cease to be a member of the Police
Division, as provided by N.J.S.A. 40:47-3, as amended.[1]
[1]
Editor's Note: See N.J.S.A. 40A:14-9.
(3)
Incompetency or inefficiency or incapacity due to
mental or physical disability.
(4)
Insubordination or serious breach of discipline.
(5)
Intoxication while on duty.
(6)
Commission of a criminal act.
(8)
Disobedience of the departmental rules and regulations established pursuant to § 40-18C of this chapter.
(9)
Conduct unbecoming a public employee.
(10)
Misuse or improper use of municipal property.
E.
Suspension. When, in the opinion of the Township Council,
after consultation with the Municipal Manager, an employee's performance
or conduct justifies disciplinary action short of dismissal, the Council
may empower the Manager to suspend or furlough the employee without
pay or with reduced pay. No such disciplinary suspension or furlough
shall exceed five working days, except in those instances in which
an employee is charged with a criminal offense. In unusual circumstances
wherein the safety and/or welfare of the employee or others is threatened,
the Municipal Manager may temporarily suspend the employee pending
formal action by the Township Council.
A.
When a department head believes 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,
dishonestly, immorally, illegally or in violation of any of the rules
or regulations hereof, the department head shall first privately discuss
the matter with the employee concerned in order to obtain the employee's
view and side of the matter. The department head shall, if possible,
then obtain assurance that there will not be a repetition of the incident,
if one not sufficient to warrant employee's dismissal from the Township
employment. A note or memorandum of the incident and its disposition
shall be placed in the employee's personal history file by the department
head.
B.
If the matter is not a serious one and the department
head is satisfied to thereby close the incident, the matter may then
be dropped.
C.
Should the department head consider the offense sufficiently
serious to warrant its consideration by the Township Council, the
employee shall be so advised and a meeting of interested parties arranged
at the earliest possible date. All facts shall be presented at this
meeting. A written report of the meeting and of the action taken shall
be placed in the employee's personal history file. At the conclusion
of this fact-finding meeting, if it appears warranted by the facts,
the department head shall refer the matter to the Township Council
for action.
D.
Disciplinary actions against employees shall be in
the following forms:
(1)
Informal, private, verbal reproof by supervisor or
Municipal Manager.
(2)
Written memorandum of censure from his superior or
Municipal Manager.
(3)
Letter of admonition from Township Council.
(4)
Suspension from duty without pay.
(5)
Transfer or demotion of employee.
(6)
Separation from the service of the Township.
E.
Suspension of any employee from duty for a period
of five days without pay may be ordered by the immediate department
head when such summary action is considered as being necessary after
review by the director of that department and the Municipal Manager
and for less periods as approved by the Township Council in a set
of policy guidelines.
F.
When it is determined by the Township, upon review
of any matter involving disciplinary proceedings, that action by the
Township Council is warranted, written charges shall be served upon
the employee and a hearing shall be scheduled within 15 days of the
date of service of the charges upon the employee. Service of the charges
shall be made upon the employee by the Township Clerk or by a member
of the Municipal Police Department. At the hearing an employee may
appear and defend himself, have the right to be represented by counsel
and to present witnesses and to cross-examine. Upon conclusion of
the hearing and upon rendition of a judgment by the Township Council,
if a penalty is to be levied against the employee, the Township Council
shall be governed by the rules and regulations of the Civil Service
Commission as to the nature and extent of said penalty. The decision
of the Township Council with references to disciplinary action taken
shall be made no later than 10 days after the conclusion of the hearing
held before the Township Council.
G.
Any employee who is subject to disciplinary action
may appeal said action by means of the procedure set forth for the
handling of grievances and as provided by law.
H.
Nothing herein contained shall apply to the Police
Division of the Township since disciplinary procedure for that Department
is already provided for in an ordinance and in rules and regulations
governing said Division, adopted by the Township Council of the Township
of Mount Laurel.
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 Council.
B.
Termination of a full-time employee's services for
cause can only be accomplished after such recommendation in writing
has been referred to, reviewed and approved by the Township Council,
and in the case of termination or disciplinary action beyond a suspension
of the time authorized under Civil Service Rules and Regulations,
the proper civil service forms shall be filed as prescribed in the
Civil Service Rules and Regulations, and the employee upon whom such
charges are brought is entitled to a hearing before the Civil Service
Commission pursuant to the rules and regulations pertaining thereto.
C.
All employees shall, upon leaving the services of
the Township, complete and sign the termination receipt when receiving
their final compensation. This receipt will be filed in the employee's
personal history file as evidence of the satisfaction of all claims
against the Township.
