[Adopted 5-26-1975 as Sec. 2-12 of the 1975 Code, as amended through Ord. No. 614-97]
There is hereby created a Department of Public Works in and for the Borough.
A. 
The Department of Public Works shall be comprised of two separate divisions as follows:
(1) 
Public Works Division; and
(2) 
Golf Course Division.
B. 
The Public Works Division shall contain the following positions:
(1) 
Superintendent of Public Works;
(2) 
Assistant Superintendent of Public Works;
(3) 
Mechanic; and
(4) 
Public Works Division maintenance personnel.
C. 
The Golf Course Division shall contain the following positions:
(1) 
Superintendent of Golf Course Division;
(2) 
Foreman of the Golf Course Division;
(3) 
Golf Course Division maintenance personnel;
(4) 
Golf Course Division laborers.
A. 
The Department of Public Works as hereby established shall be subject to the rules and regulations adopted from time to time by the Mayor and Council and specifically shall be responsible for the following duties:
(1) 
Maintenance and repair of all buildings owned by the Borough.
(2) 
Maintenance of all parks or playgrounds owned by the Borough.
(3) 
Maintenance of the Borough's municipally owned golf course.
(4) 
Maintenance and repair and storage of all machinery and equipment purchased by the Borough for use by the Department of Public Works.
(5) 
Maintenance, cleaning and repair of all Borough streets and roads.
(6) 
Maintenance and repair of all Borough catch basins, storm drains and drainage easements.
(7) 
Maintenance and repair of all Borough-owned signs.
(8) 
Maintenance of all Borough crosswalk and road markings.
(9) 
Maintenance of all Borough rights-of-way.
(10) 
Supervision of Borough subcontractors for snow plowing.
(11) 
Cindering or sanding of roads where and when necessary during winter months.
(12) 
Authorize the hiring of additional outside help with the approval of the Mayor and Council as required.
(13) 
Be responsible for the servicing of all requests and complaints from citizens involving Borough facilities under the supervision of the Department of Public Works.
B. 
The Golf Course Division generally shall have the powers and duties as set forth hereinabove as they may pertain to the golf course, its buildings, grounds and equipment. The Public Works Division generally shall have the powers and duties as set forth hereinabove except as they may pertain to the golf course, its buildings, grounds and equipment.
No person shall be appointed as a member of the Department of Public Works unless he or she is of good mental and physical health. All persons seeking employment shall undertake a physical examination by a physician designated by the Borough Administrator. Such examination shall be administered to assure that the person is of sufficient physical health as is necessary to discharge the responsibilities of an employee of the Department of Public Works.
A. 
Appointment. There shall be a Superintendent of Public Works appointed by the Mayor with the consent of the Council for a one-year term ending on January 1 of the calendar year next following the appointment. A person holding office, position or employment as full-time Superintendent of Public Works who has held office, position or employment continuously for five years or more shall continue to hold the office, position or employment, notwithstanding he is serving a fixed term, during good behavior and efficiency and shall not be removed therefrom for political or other reasons except for good cause, upon written charges filed with the Borough Clerk and after a public, fair and impartial hearing.
B. 
The Superintendent of Public Works shall:
(1) 
Be a full-time employee at an annual salary established annually by ordinance of the Mayor and Council; and
(2) 
Function under the general supervision and direction of the Public Works Committee of the Borough Council.
C. 
Duties. The Superintendent of Public Works shall:
(1) 
Be required to submit a written annual report at the end of each year to the Mayor and Council setting forth an outline of the work performed in the year by the Public Works Division, a Public Works Division budget request for the ensuing year, together with any general or specific recommendations regarding the performance or projects of the Public Works Division.
(2) 
Be required and responsible to confer with and follow any and all recommendations of the Borough Engineer on work of the Public Works Division which requires engineering specifications or special technical knowledge.
(3) 
Employ such full- and part-time employees as the Council may approve by resolution, and assign such employees to duties in the Public Works Division.
(4) 
Transfer employees of the Department from the Public Works Division to the Golf Course Division or from the Golf Course Division to the Public Works Division whenever necessary for the proper administration of the Department.
A. 
Appointment. There shall be an Assistant Superintendent of Public Works appointed by the Mayor with the consent of the Council for a one-year term ending on January 1 of the calendar year next following the appointment. The Assistant Superintendent of Public Works shall be a full-time employee compensated in accordance with the DPW Collective Bargaining Unit with the Borough of Old Tappan.
B. 
Duties. The Assistant Superintendent shall perform the duties assigned to him by the Superintendent of Public Works and shall perform all duties of the Superintendent of Public Works in his or her absence.
A. 
Appointment. The Superintendent of the Golf Course Division shall be appointed by the Mayor with the consent of the Council for a one-year term ending on January 1 of the calendar year next following his or her appointment.
B. 
The superintendent of Golf Course Division shall:
(1) 
Be a full-time employee at an annual salary established by ordinance of the Mayor and Council; and
(2) 
Function under the general supervision and direction of the Public Works and Recreation and Golf Committees of the Borough Council.
C. 
Duties. The Superintendent of Golf Course Division shall:
(1) 
Be required to submit a written annual report at the end of each year to the Mayor and Council setting forth an outline of the work performed in the year by the Golf Course Division, a Golf Course Division budget request for the ensuing year, together with any general or specific recommendations regarding the performance or projects of the Golf Course Division.
(2) 
Be required and responsible to confer with and follow any and all recommendations of the Borough Engineer on work of the Golf Course Division which requires engineering specifications or special technical knowledge.
(3) 
Employ such full- and part-time employees as the Council may approve by resolution, and assign such employees to duties in the Golf Course Division.
A. 
Appointment. The Foreman of Golf Course Division shall be appointed by the Superintendent of Golf Course Division with the consent of the Mayor and Council for a one-year term on January 1 of the calendar year next following his or her appointment. The foreman shall be a full-time employee at an annual salary established by ordinance of the Mayor and Council.
B. 
Duties. The foreman of Golf Course Division shall perform all duties assigned to him by the superintendent of golf course and shall perform all duties pertaining to the Old Tappan Municipal Golf Course in the absence of the superintendent of golf course.
A. 
Appointment. The mechanic shall be appointed by the Superintendent of Department of Public Works with the consent of the Mayor and Council for a one-year term ending on January 1 of the calendar year next following his or her appointment.
B. 
Duties. The mechanic shall perform all duties assigned to him by the Superintendent of Public Works. The mechanic's duties shall be limited generally to the maintenance and repair of department and Borough vehicles, equipment and machinery.
A. 
Public Works Division maintenance personnel shall perform the duties assigned by the Superintendent of Public Works or Assistant Superintendent of Public Works, where appropriate. Duties of Public Works Division maintenance personnel shall generally not include maintenance of the Old Tappan Municipal Golf Course except as set forth hereinbelow.
B. 
Golf Course Division maintenance personnel and Golf Course Division laborers shall perform the duties assigned by the Superintendent of the Golf Course Division or foreman of the Golf Course Division, where appropriate. Duties of Golf Course Division maintenance personnel and Golf Course Division laborers shall be limited generally to maintenance of the Old Tappan Municipal Golf Course except as set forth hereinbelow.
C. 
The Superintendent of Public Works may transfer employees of the Department from the Public Works Division to the Golf Course Division or from the Golf Course Division to the Public Works Division whenever necessary for the proper administration of the Department.
A. 
The term "employee" as used in this section shall mean a full-time, permanent employee of the Department of Public Works of the Borough and shall not be deemed to include any person hired by the Borough under the Comprehensive Employment and Training Act of 1973 (CETA), 29 USCS § 801 et seq., or under any other federal or state grant program whereby the Borough is directly or indirectly reimbursed for all or part of the salary paid to such person.
B. 
No employee of the Department of Public Works, except during probationary status or except as otherwise hereinafter provided, shall be removed from office or employment in the Department of Public Works for political reasons, or for any other cause than incapacity, misconduct, or disobedience of rules and regulations from time to time established for the government of the Department of Public Works and its employees in the Borough.
C. 
Except as otherwise provided by law, no permanent employee of the Department of Public Works shall be suspended, removed, fined or reduced in rank from or in office, employment or position therein, except for just cause as hereinbefore provided and then only upon a written complaint setting forth the charge or charges against such employee. The complaint shall be filed in the office of the Superintendent of Public Works, and a copy shall be served upon the employee charged, with notice of a designated hearing thereon by the proper authorities, which shall not be less than 15 nor more than 30 days from date of service of the complaint. A failure to comply with these provisions as to the service of the complaint shall require a dismissal of the complaint.
D. 
It is the intent of this section to give every permanent employee of the Department of Public Works against whom charges for any cause may be preferred under this section a fair trial upon the charges and every reasonable opportunity to make his defense if he has or chooses to make any, and that in the event of failure to comply with any provision of this section, such charges shall be dismissed.
E. 
The Council shall have the power of subpoena under the Seal of the Borough and attested by the Borough Clerk to compel the attendance of witnesses and give testimony or produce evidence. Every person who neglects to obey such subpoena, or to give testimony, or to answer questions as required shall be subject to the penalties provided by law.
F. 
Notwithstanding any other law to the contrary, whenever any employee of the Department of Public Works shall be charged under the law of this state, another state, or the United States, with an offense, such employee may be suspended from performing his duties, with pay, until the case against him is disposed of at trial, until the complaint is dismissed, or until the prosecution is terminated, provided that if a grand jury returns an indictment against the officer, or the officer is charged with an offense which is a high misdemeanor or which involves moral turpitude or dishonesty, he may be suspended from his duties, without pay, until the case against him is disposed of at trial, until the complaint is dismissed or until the prosecution is terminated.
G. 
If a suspended employee is found not guilty at trial, the charges are dismissed or the prosecution is terminated, he shall be reinstated to his position and shall be entitled to recover all pay withheld during the period of suspension subject to any disciplinary proceedings or administrative action.
H. 
If any employee of the Department of Public Works is suspended with pay and is found guilty of the charges brought against him, he shall reimburse the Borough for all pay received by him during the period of his suspension.
I. 
Any person desiring to make a complaint against any employee of the Department of Public Works shall make the complaint in writing to the Superintendent of Public Works. It shall be the duty of the Superintendent forthwith to deliver the original charges to the Public Works Committee of the Borough Council who shall in turn refer such charges to the Mayor and Council for its attention. Upon receipt of any charges against an employee of the Department, the Mayor and Council shall take whatever action is deemed necessary.
J. 
In the event a person wishes to make a charge against the Superintendent of Public Works, the charges shall be filed with the Public Works Committee of the Borough Council, who shall in turn transmit same forthwith to the Mayor and Council for its attention in accordance with the provisions of this subsection.
K. 
Notwithstanding anything herein to the contrary, employees of the Department serving in a probationary status may be removed from employment without charges, or hearing and solely with the judgment and discretion of the Mayor and Council.
L. 
Notwithstanding anything herein to the contrary, when the Borough Council shall, within its sole discretion, for budgetary reasons or for reasons of economy, decrease the number of regularly appointed employees of the Department of Public Works in the Borough, any employee may be so removed without charges or hearing. Such person who is so removed shall be carried on a special list, and if any new appointments are made to the Department, the person so removed shall be appointed thereto before any other person.