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
(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.
(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.
(7) Participating in any political activity prohibited by §
40-17A of this chapter.
(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.