It is the aim of the Town of Phillipsburg to
establish a uniform and equitable system of municipal personnel administration
and to obtain for each position the best qualified person available
without regard to race, marital status, creed, color, political affiliation,
sex or national origin.
As used in this chapter, the following terms
shall have the meanings indicated:
APPOINTING AUTHORITY
The Business Administrator acting under the provisions of
this chapter, the Administrative Code of the Town of Phillipsburg
and applicable state laws.
BENEFITS
Privileges granted to officers, employees and their dependents,
in the form of such things as vacation leave, sick leave, overtime
pay, holidays or group insurance benefits or protection.
FULL-TIME EMPLOYMENT
Employment engaged in for that number of hours which make up the regularly scheduled workweek as set forth in §
100-8.
PART-TIME EMPLOYMENT
Employment regularly engaged in on a scheduled, but less
than full-time, basis.
PERMANENT EMPLOYMENT
Employment after completion of the initial probationary period
regularly engaged in on a full-time or part-time basis.
PROVISIONAL EMPLOYMENT
Employment in a permanent position pending the regular appointment
of an eligible person from an employment list.
TEMPORARY EMPLOYMENT
Employment which is during an emergency situation for a short
duration or in a temporary position for a period of not more than
four months and compensated for on an hourly basis.
All appointments in the municipal service shall
be made according to merit and fitness by the Business Administrator,
with due regard to applicable sections of the state civil service
statute.
A. The provisions of this section shall apply alike to
all employees of the Town, regardless of the time of the creation
of the office or the time of appointment of said employee.
B. The Council must formally approve the creation of
any new position and adopt a position classification plan covering
all classified employees of the Town. In addition, there must be provided
in the proper current budget, specific and adequate funds to compensate
such employees.
C. When a vacancy in the adopted position classification
plan exists or a new position is created on a permanent full-time
basis, the appropriate department director shall give a minimum of
10 days' notice to all present employees of the Town that a vacancy
exists so that they may have an opportunity to apply for such position
if qualified.
D. Whenever possible, and with due regard for merit and
fitness, the appointing authority shall avoid the appointment of any
person related to any elected or appointed officer or employee of
the Town. A person shall be regarded as "related," as used in this
subsection, if such person is a brother, sister, spouse or lineal
ancestor or descendent of the prospective employee, or the husband
or wife of such person.
E. Before appointments are made, department directors
shall develop a recommendation for a person to fill the position which
shall contain the background and qualifications of the proposed appointee
and such other information as the Business Administrator may require.
F. All persons appointed as permanent, full-time employees
shall undergo a physical examination by a physician designated by
the Town prior to completion of the required probationary period.
G. All appointments shall be referred to the Business
Administrator for final action, including the proposed effective day
of employment, the proposed classification of the appointee and the
amount of salary recommended to be offered.
H. After appointment by the Business Administrator, the
Municipal Clerk will notify the appointee to report to the Municipal
Clerk's office for the completion of necessary application forms,
formalities and other documents required.
I. The Municipal Clerk will check all papers for completeness
and set up a personal history file for each employee which shall contain
information on employees' backgrounds, qualifications and other such
information as the Business Administrator may direct.
J. All new employees, or old employees transferred to
new positions, must serve the probationary or working test period
prescribed by civil service. The probationary period shall be regarded
as an integral part of the examination process and shall be utilized
for closely observing the employee's work, for securing the most effective
adjustment of the employee to his position and for rejecting any employee
whose performance does not meet the required work standards. Thirty
days prior to the expiration of the probationary or working test period
the department director shall submit a written evaluation on a form
prescribed by the Business Administrator of the employee's performance
and suitability for permanent appointment. During the probationary
period employees shall not be considered as earning seniority or tenure
and gain no permanent status.
K. Vacancies in temporary positions may be filled by
the Business Administrator without a medical examination. No temporary
employment shall be construed to confer tenure of office on the employee,
and he may be terminated at any time.
L. Residency.
[Added 9-23-1980 by Ord. No. O:80-9]
(1) Residence requirements of officers and employees.
Unless otherwise provided by law, all officers and employees employed
by the Town of Phillipsburg after the effective date of this chapter
shall be bona fide residents therein. A "bona fide resident," for
the purpose of this act, is a person having a permanent domicile within
the local unit and one which has not been adopted with the intention
of again taking up or claiming a previous residence acquired outside
of the local boundaries.
(2) Eligibility of applicants for civil service classified
service. Unless otherwise provided by law, all applicants for positions
and employments in the classified civil service area shall be bona
fide residents of the Town of Phillipsburg after the effective date
of this chapter.
(3) Duty of the hiring authority. It shall be the duty
of the hiring authority to ensure that all employees hired after the
effective date of this chapter shall remain bona fide residents of
the Town of Phillipsburg. Failure of any such employee to maintain
residency in the Town of Phillipsburg shall be cause for removal or
discharge from service.
(4) Unavailability of qualified residents.
(a)
When the appointing authority of the Town of
Phillipsburg has determined that there cannot be recruited a sufficient
number of qualified residents for available specific positions or
employments, the appointing authority shall advertise for other qualified
applicants. Classification of qualified applicants in such instances
shall be determined in the following manner.
[1]
Other residents of the county in which the municipality
is situate.
[2]
Other residents of counties contiguous to the
county in which the municipality is situate.
[3]
Other residents of the state.
(b)
All appointments shall be made in the order
of preference established hereinabove, except subject to preferences
granted pursuant to any other provisions of the law.
(5) Special talent positions.
(a)
Whenever the appointing authority shall determine
that there are certain specific positions and employments requiring
special talents or skills which are necessary for the operations of
the Town of Phillipsburg and which are not likely to be found among
the residents of the Town of Phillipsburg, such positions or employments
so determined shall be filled without reference to residency.
(b)
Such provisions shall set forth the formal criteria
pursuant to which such positions and employments shall be so determined.
The criteria shall be established by the appointing authority as the
need shall so exist from time to time.
(6) Preference in promotion. Promotion preference shall
be given to a bona fide resident of the Town of Phillipsburg. When
promotions are based upon merit, as properly determined, a bona fide
resident shall be given preference over a nonresident in any instance
when all other measurable criteria are equal. Such preference under
this section shall in no way diminish, reduce or affect the preference
granted pursuant to other law.
A compensation plan for all positions subject
to this chapter is hereby established.
B. Modification of plan. Council reserves the right to
modify any or all of the pay ranges or position classification assignments
as set forth in said pay plan at any time.
C. Individual pay rates.
(1) The normal and beginning pay rate for a new employee
will be the initial or designated step in the established range for
the classification title. The Mayor may, in special cases, establish
a beginning rate above the initial step in the established range.
Increments within an established range are to be provided as a means
of recognizing outstanding performance and continued good service.
Employees who successfully complete their initial probationary period
may be given one step increment at that time, at the discretion of
the Mayor, and shall receive consideration for additional increments
annually thereafter. Such annual increments will not be awarded on
an automatic basis, but shall be contingent upon merit, performance,
recommendation of the employee supervisors and the approval of the
Mayor. Increases at any one time will generally be limited in amount
to one established pay range step, but increases of two or more pay
range steps may, upon the recommendation of the Mayor and the approval
of the Council, be given in special cases.
[Amended 3-7-2000 by Ord. No. O:2000-04]
(2) None of the increases provided for in this section
shall be made so as to compensate any employee an amount exceeding
the maximum step in any pay range.
(3) Chief of Police amount to be determined pursuant to
recommendation of Mayor.
[Added 10-4-2005 by Ord. No. O:2005-34]
D. All permanent full-time salaried and hourly employees
shall receive an automatic service increase of one increment for their
respective classification upon reaching five years of employment with
the Town of Phillipsburg and an additional service increase of the
same amount for their classification for each five-year period of
employment thereafter.
[Amended 8-9-1977 by Ord. No. O:77-9]
(1) Titles and service increments.
[Amended 7-17-1984 by Ord. No. O:84-20; 6-3-1986 by Ord. No. O:86-17; 5-16-1989 by Ord. No. O:89-14; 5-15-1990 by Ord. No. O:90-7; 10-6-1998 by Ord. No. O:98-20; 2-2-1999 by Ord. No. O:99-01; 3-1-2005 by Ord. No. O:2005-11; 12-18-2007 by Ord. No. O:2007-23]
(a)
The schedule of longevity increments for noncontractual
employees is to be determined pursuant to AFSCME contract.
(2) The schedule of titles and longevity increments for
patrolmen and officers in the Police Department shall be in accordance
with the terms of the current agreement between the Town of Phillipsburg
and PBA Local No. 56.
(3) The schedule of titles and longevity increments for
members of AFSCME, District Council No. 73 bargaining unit, shall
be in accordance with the terms of the current agreement between the
Town of Phillipsburg and the union.
[Amended 4-8-1980 by Ord. No. O:80-2; 6-3-1986 by Ord. No.
O:86-17]
A. The salary range established for a class shall represent
the total remuneration for full-time employment in the class, but
shall not be considered as reimbursement for official travel or other
expenses which may be allowed for the conduct of official business.
Unless approved by the appointing authority, no employee shall receive
pay from the municipality in addition to the full-time salary, including
service increments, authorized for any position or positions to which
he has been appointed. This shall not operate to prevent employees
from working in more than one position when properly authorized and
approved by the Business Administrator. All department/division heads
shall be reimbursed for all tuition and all books for job-related
schooling.
B. Employees required to use their personal vehicle for
work-related travel shall be reimbursed at the rate of the United
States Government Internal Revenue Service equivalent on allowance
per mile for work related automobile use. This rate shall be fixed
annually on January 2 of each year.
[Amended 8-9-1977 by Ord. No. O:77-9]
A. The following days will be considered as holidays
for all municipal employees not members of a recognized bargaining
unit. The municipal offices will be closed and all normal operations
suspended, except those necessary to protect the public health and
safety, on:
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New Year's Day
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January 1
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Martin Luther King Day [Amended 6-3-1986 by Ord. No. O:86-17]
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Third Monday in January
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Lincoln's Birthday
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February 12
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Washington's Birthday
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Third Monday in February
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Good Friday
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Friday before Easter Sunday
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Easter Sunday [Added 4-8-1980 by Ord. No. O:80-2]
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Memorial Day
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Fourth Monday in May
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Independence Day
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July 4
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Labor Day
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First Monday in September
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Columbus Day
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Second Monday in October
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Veterans Day
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November 11
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General Election Day
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First Tuesday after the first Monday in November
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Thanksgiving Day
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Fourth Thursday in November
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Christmas Day
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December 25
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B. Employees required to work on any of these holidays
will receive, in addition to their regular pay for the day, additional
compensation at 1 1/2 times their regular base rate for each
authorized hour worked. When such holiday falls on a Saturday or Sunday,
it shall be observed on the preceding Friday or the following Monday.
In the event that a holiday is observed during an employee's vacation,
he shall be entitled to an additional vacation day, and should a holiday
occur while an employee is on sick leave, he shall not have the holiday
charged against his sick leave.
[Added 12-15-1987 by Ord. No. O:87-38]
Employees may elect to retain full insurance
coverage under COBRA upon termination of employment, at their own
expense, for a period of 18 months.
Disciplinary actions shall be in accordance
with the regulations adopted and promulgated by the New Jersey State
Department of Civil Service, under provisions of Title 11A, New Jersey
Statutes Annotated.
It is the intent of this section to provide
a policy for the handling of grievances to prevent their recurrence
and to deal promptly with those which occur.
A. An employee disputing the application or interpretation of the Town's personnel policies shall, within seven calendar days after such alleged violation, present such grievance to his immediate supervisor. The immediate supervisor shall give a final answer to such grievance within seven calendar days. If the grievance is not resolved by the immediate supervisor, it shall be placed in writing by the employee setting forth the nature of the grievance, the facts upon which it is based, and the remedy requested and referred to in §
100-17B within seven calendar days after the immediate supervisor's final answer. Any grievance not referred in writing by the employee within such seven-day period shall be considered waived.
B. The written grievance shall be presented to the employee's department director who shall give the employee a written answer within 10 calendar days after receipt of such written grievance. If the grievance is not resolved in this step such grievance shall be referred to §
100-17C within seven calendar days following the department director's final written answer. Any grievance not referred in writing by the employee within such seven-day period shall be considered waived.
C. The written grievance shall be presented to the Business
Administrator by the employee who shall give the employer's final
answer to the grievance within 10 calendar days after receipt of said
grievance. The Business Administrator's decision shall be final and
represent the legal position of the Town.
The Business Administrator may lay off any employee
whenever such layoff is for the purpose of efficiency or economy or
other valid reason requiring a reduction of the number of employees
in a given class. Layoffs shall be made in accordance with N.J.A.C.
4:1-16.
[Added 4-12-2022 by Ord. No. O:2022-11]
A. Title. This section shall be cited as the "Anti-Nepotism Policy"
of the Town of Phillipsburg.
B. Purpose. This policy is not for the purpose of depriving any citizen
of an equal chance for employment with the Town of Phillipsburg but
is solely intended to eliminate the potential for preferential treatment
of relatives of certain government and/or municipal personnel.
C. Applicability.
(1) The prohibitions set forth in this section shall not apply to appointments
to the various boards, commissions, and/or ad hoc committees of the
Town.
(2) This section and the prohibition against certain hiring contained
herein shall be applied prospectively only from the effective date
of its enactment and shall not in any way be construed to prohibit
or make unlawful any current employment relationship or situation
or promotion of any person currently employed by the Town as of the
effective date of this section, which may technically be violative
of the terms hereof but for its prospective application. For purposes
of interpreting this section, persons appointed to positions of employment
with the Town for a set term shall be considered current employees,
notwithstanding the fact that the term may have ended. Such persons
holding positions of employment with the Town under a set term may
be hired to any position in the Town, rehired, reappointed or promoted,
as the case may be without violating this section.
D. Definitions. As used in this section, the following terms shall have
the meaning indicated:
ELECTED OFFICIAL
An individual holding the position of Mayor or Town Councilman.
RELATIVE
A spouse, domestic partner, cohabitant, parent, child, adopted
child, sibling, grandparent, grandchild, aunt, uncle, niece, nephew,
first cousin, in-law, (applies to parents and siblings of a spouse),
half-relative (applies to parents and siblings of a spouse), half-relative
or step-relative (applies to parents and siblings), or a person with
whom a significant committed relationship exists (living together
for more than 12 months).
E. Restriction in hiring, promoting, and supervision of employees.
(1) The following restrictions shall apply in the hiring and promotion
of employees to employment positions for the Town of Phillipsburg.
(2) Hiring. Unless otherwise prohibited by law or New Jersey Department
of Personnel Rules, but notwithstanding the terms of any collective
bargaining agreement to the contrary:
(a)
No person who is relative, as defined in Subsection
D of an elected official, department head, managerial executive, or unclassified supervisory employee shall be appointed, hired, employed or permitted to work for the Town of Phillipsburg in any unclassified position.
(b)
No person who is a relative, as defined in Subsection
D, shall be employed by or transferred to a position of employment with the Town, where that person will be supervisor of or be supervised by another relative who is an existing employee within the same department.
(c)
Promotion. Notwithstanding the prospective application as to the remainder of this chapter as described above, no elected official or supervisor, as defined in Subsection
D, in any department may participate in the promotion process or hiring process in that department of any existing employee who is a relative, as defined in Subsection
D, of such elected official or supervisor, as the case may be, unless otherwise required by law or New Jersey Department of Personnel Rules. Such elected official or supervisor shall abstain from participation in such personnel action as it applies to such relative.
(d)
If an existing employee of the Town becomes subject to this
policy because of changes in marital, domestic partner/cohabitant
or relationship status, one of the related persons must resign their
unclassified position within 90 days.
(e)
It shall be the affirmative duty of a related elected official,
department head, managerial executive, unclassified supervisory employee,
or employee to immediately disclose any circumstances which may constitute
a violation of this policy. Failure to do so will result in disciplinary
and/or legal action which can include removal from employment position.
F. Current employees. Except as may be otherwise expressly provided
for herein, this chapter shall not affect the employment of any present
Town employee and/or any existing contractual obligations with employees
by the Town of Phillipsburg, nor shall this chapter affect seasonal
part-time employment. The application of this policy only applies
prospectively to all individuals seeking employment with the Town
of Phillipsburg following the effective date of this section.