[Adopted 10-27-1981 by Ord. No. 784 (Ch. 89 of the 1966 Code)]
There is hereby established and created in the Borough of Emerson a Department, which shall be known as the "Department of Municipal Services."
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Department of Municipal Services shall be charged with the responsibility of the maintenance, repair, management and regulation of the public streets, roads, curbs, sidewalks and all other public property owned, operated, managed or controlled by the Borough of Emerson, including sewers therein. The Department shall further have the duty and responsibility of custodial and janitorial services for all municipal buildings within the Borough of Emerson. For classification and categorical reference, the duties of the Department shall be performed as follows:
A. 
Streets, roads and grounds maintenance service.
B. 
Sewer service.
The Department of Municipal Services shall be supervised by the Mayor and Council of the Borough of Emerson. The Mayor shall annually, at the reorganization meeting, appoint a Committee of the Council of not less than two, one of whom may be the Mayor, to assist the Mayor and Council in executing the intent and directive of the duties of this Department. The Committee shall be known as the "Municipal Services Committee," and the Commissioner of the same shall serve as the Department head of the Municipal Services Department.
A. 
The Department of Municipal Services shall consist of:
(1) 
A Superintendent of Municipal Services, whose duties shall be as follows:
(a) 
He shall enforce all of the provisions contained in this article and ascertain that all departmental equipment is in proper operating condition.
(b) 
He shall ensure that proper maintenance is done to prevent damage to said equipment.
(c) 
He shall assist the Mayor and Council and the Municipal Services Committee in the proper execution of the duties as set forth herein.
(d) 
He shall have all of the necessary powers and duties to effectively and efficiently operate said Department.
(2) 
A Leadman, who shall have all of the rights, powers and duties of the Superintendent in the Superintendent's absence, except for disciplinary powers; and shall make all assignments of work, set up all work, and set up all work schedules, including rotational schedules as set forth in Subsection B hereafter, taking into consideration the age, ability, skill and experience of the members of the Department.
[Amended 2-15-2000 by Ord. No. 1122]
(3) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(3), regarding a building custodian, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Such other permanent employees as shall be appointed by the Mayor with the advice and consent of the Council as, from time to time, shall be deemed necessary and appropriate, taking into consideration the needs of the Department in coordination and in concurrence with budgetary constraints.
(5) 
Such other temporary employees who shall be appointed by the Mayor with the advice and consent of the Council as may be necessary, taking into consideration the needs of the Department and in accordance and concurrence with budgetary constraints.
B. 
Every employee of the Department of Municipal Services shall perform all of the duties and services as set forth in § 53-2 and may be moved and utilized from one set of duties to another by the Leadman. A rotational schedule shall be established by the Leadman and be posted on the first day of each month, or the next succeeding workday if the first of the month falls on a holiday or on a weekend, in a conspicuous place at the Department of Municipal Services' garage, and a copy of said rotational schedule shall be delivered to the Borough Clerk concurrent with its posting.
[Amended 2-18-2003 by Ord. No. 1218]
A. 
The Superintendent of the Department of Municipal Services, the Leadman and the other employees shall be appointed for an indefinite term, unless in each case specifically appointed for a determinate term. Temporary employees shall be appointed for such terms as the Mayor, with the consent of the Council, may designate. Prior to the appointment of any employee, said employee shall obtain and fill out an application form for employment. Said application form shall be substantially as set forth in Schedule A, consisting of three pages as follows: application form, preliminary health questionnaire and professional and character references, which may be supplemented or amended from time to time by the Mayor and Council.[1]
[Amended 2-18-2003 by Ord. No. 1218]
[1]
Editor's Note: Schedule A is on file in the Borough offices, where it is available for examination by the public during regular business hours.
B. 
Medical examination.
(1) 
In addition, the applicant, prior to appointment, shall be examined by a duly licensed physician of the State of New Jersey at the Borough's expense and the physician shall be chosen by the Borough. The applicant may select a physician of his or her own choosing, but in that event the applicant shall be responsible for the expense of the examination. The examination shall include, but not be limited to, the medical history of the applicant, any present illness or injury, a review of systems into the status of each organ system, including:
[Amended 8-16-1988 by Ord. No. 938]
(a) 
Head.
(b) 
Eyes.
(c) 
Ears.
(d) 
Nose.
(e) 
Throat.
(f) 
Cardiorespiratory.
(g) 
Gastrointestinal.
(h) 
Genitourinary.
(i) 
Neuromuscular.
(j) 
Bone.
(k) 
Joint.
(l) 
Vital signs.
(2) 
A written report of said physical examination shall be submitted by the applicant to the Mayor and Council for review prior to any appointment.
C. 
Any new appointee for an indefinite term to the Department of Municipal Services shall be for a probationary period of at least six months of the calendar year in which the appointment has been made. If the services of said appointee are satisfactory to the Mayor and Council of the Borough of Emerson, he shall be appointed permanently on the first day of January following his appointment if he has served a probationary period of at least six months; otherwise, his permanent appointment shall be made the first day of January of the second year after his appointment.
A. 
The Mayor and Council may lay off an employee for purposes of efficiency, economy or other valid reasons requiring a reduction of the number of employees in the Department.
B. 
Except as set forth in Subsection A, such Superintendent, and such Leadman of the Department of Municipal Services and such permanent employees appointed for an indefinite term shall not be removable from office or position without just cause and until written charge or charges of the cause or causes of complaint shall have been preferred against him, signed by the person or persons making such charge or charges and filed with the Mayor and Council of the Borough of Emerson. The Mayor and Council shall hold a hearing pursuant to the provisions of the Open Public Meetings Act (Chapter 231, Public Laws of 1975, codified as N.J.S.A. 10:4-6) and shall render a decision relating to the charges. The Mayor and Council may find that the charges have not been sustained, in which case they shall be dismissed. In the event that the Mayor and Council find that the charges have been sustained, they may either suspend, fine, demote, terminate or dispose of the charges in such other manner as deemed appropriate in the circumstances. An employee who is charged shall have the right to be represented by counsel, shall be afforded reasonable advance notice of the hearing and shall have the right to present witnesses and evidence in his defense, and the hearing shall be conducted consistent with due process of law. A temporary employee may be removed from office with or without cause and shall not be entitled to the hearing procedure as set forth aforesaid.
[Amended 2-18-2003 by Ord. No. 1218]
C. 
Any one of the following reasons shall be cause for the suspension, fine, demotion, removal or such other disposition as the Mayor and Council deems appropriate, although these dispositions may be made for sufficient cause other than those listed:
(1) 
Neglect of duty.
(2) 
Incompetency or inefficiency.
(3) 
Incapacity due to mental or physical disability.
(4) 
Insubordination or serious breach of discipline.
(5) 
Intoxication while on duty.
(6) 
Chronic or excessive absenteeism.
(7) 
Disorderly or immoral conduct.
(8) 
Willful violation of any of the provisions of any of the rules, regulations, statutes or ordinances relating to the employment of public employees.
(9) 
The conviction of any criminal act or offense.
(10) 
Negligence of or willful damage to public property or waste of public supplies.
(11) 
Conduct unbecoming an employee in public employment.
(12) 
The use of or the attempt to use one's authority or official influence to control or modify the political action of any person in public employment or engaging in any form of political activity during working hours.
D. 
Any employee who is absent from duty for five consecutive business days without notice and approval of the Superintendent of the Department of Municipal Services, or in the case of the Superintendent of the Department of Municipal Services, without approval from the Commissioner, of the reason for such absence and the time the employee expects to return, or who fails to report to duty within five business days after the expiration of any authorized leave, shall be held to have resigned the position.
E. 
In the event that any charges are brought against an employee pursuant to Subsection C hereof, the employee may, prior to any determination of said charges, submit his resignation, and, upon acceptance thereof by the Mayor and Council, all disciplinary proceedings against him shall terminate.
The Mayor and Council shall make rules and regulations for the conduct of said Department and the employees of said Department. The Commissioner of the Department of Municipal Services shall have the general supervisory authority over such Department.
All employees of the Department of Municipal Services shall be paid compensation at such rates and with such benefits as the Mayor and Council of the Borough of Emerson shall, from time to time, establish pursuant to law.
The Borough Clerk, assisted by the Borough Auditor, shall keep accurate records of all moneys spent and materials used and the hours spent by other departments in maintaining the Department's vehicles and other equipment. The Department's pro rata share of moneys spent for pensions, social security, insurance of all kinds and any other items properly chargeable to the Department shall be charged to it so that the Mayor and Council may ascertain the complete and accurate cost of operating the Department.
[Amended 12-30-1986 by Ord. No. 903]
All duties heretofore performed by the Department of Municipal Services relating to sanitation, collection and disposal be and they shall be performed pursuant to contract between the Borough of Emerson and a private cartage firm as established and to be established pursuant to Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
A. 
The Borough has heretofore adopted the following ordinances relating to salary:
(1) 
Ordinance No. 737, fixing the salaries, wages and compensation for the employees of the Public Works, Sewer Utility and House and Grounds Departments for the calendar years 1979, 1980 and 1981.
(2) 
Ordinance No. 742, fixing the salaries, wages and compensation for the employees of the Sanitation Department for the calendar years 1979 and 1980.
(3) 
Ordinance No. 762 and Ordinance No. 768, fixing the salaries, wages and compensation of the Foreman of the Departments of Public Works, Sanitation and Sewer Utility for the years 1979, 1980 and 1981 and fixing the salaries, wages and compensation of the Superintendent of the Departments of Public Works, Sanitation and Sewer Utility for the calendar years 1979 and 1980.
B. 
All of the terms and conditions of the ordinances set forth in Subsection A above relating to salaries and wages and other benefits as set forth therein be and they are hereby continued until such time as salaries, wages and other compensation for said employees have been fixed for subsequent years. All references to the Department of Public Works, Sewer Utility men, house and grounds, driver-supervisor, helper and any other nomenclature depicting any title for any personnel other than Superintendent, Leadman and employee of the Department of Municipal Services be and it is hereby repealed. Nothing herein contained, however, shall affect such salaries and wages and compensation to the amount and the extent that any such employee is receiving pursuant to the aforesaid ordinances as of the effective date of this article, and said salaries, wages, compensation and benefits shall continue for each employee, notwithstanding the repeal of the particular title of said employee. Every employee shall continue on the appropriate step as previously set forth in Ordinance No. 737 relating to the Department of Public Works and Sewer Utility men, notwithstanding the repeal of the designation as Department of Public Works or Sewer Utility men. Every employee shall continue on the appropriate step as previously set forth in Ordinance No. 742 relating to the Sanitation Department employees notwithstanding the repeal of the designation of driver-supervisor and helper.
[Amended 2-18-2003 by Ord. No. 1218]
C. 
All other ordinances, including but not limited to those ordinances previously codified as Chapter 89 and Chapter 98 of the 1966 Code of the Borough of Emerson be and they are hereby repealed.
D. 
New titles.
(1) 
That individual holding the former title of Superintendent of the Department of Public Works, Sanitation and Sewer Utility be and he is hereby confirmed as Superintendent of the Department of Municipal Services.
(2) 
That individual holding the former title of Leadman of the Department of Public Works, Sanitation and Sewer Utility be and he is hereby confirmed as Leadman of the Department of Municipal Services.
(3) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(3), confirming the building custodian, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(4), confirming the positions of Sewer Utility men, driver-supervisor and helper in the Department of Public Works, was repealed 12-30-1986 by Ord. No. 903.
(5) 
Those temporary employees of any of the departments herein abolished are hereby confirmed as temporary employees of the Department of Municipal Services.
This chapter shall take effect December 31, 1981.