[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 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.
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.
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.
