[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town of Boonton as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-6-2008 by Ord. No. 14-2008]
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:
All Town department heads that are appointed by the Mayor and Board of Aldermen who report directly to the Town Administrator;
Municipal Court Judge; and
Any gubernatorial appointees who serve in county or municipal government for a fixed term.
Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S.A. 43:15C-2:
If an individual is appointed to one of the positions listed in § 48-1 and the individual is not serving in a position as described in § 48-2 above, the pension-certifying officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual:
Was an active participant in the Public Employee Retirement System on July 1, 2007, and continuously since that time; or
Has been appointed pursuant to a valid promotional process; or
Is appointed on a temporary, interim, or acting basis to a position requiring state certification as set forth in § 48-2 herein and is in pursuit of the required certification; or
Meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.
This article shall be implemented, construed and subject to the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1 et seq.), as amended from time to time, and any regulations or guidance documents from the Local Finance Board or the Division of Pensions and Benefits.
A copy of this article shall be filed with the Director of the Division of Pensions and Benefits of the New Jersey Department of the Treasury.
[Adopted 11-18-2019 by Ord. No. 16-2019]
Editor's Note: This ordinance also superseded former Art. II, Use of Municipal Vehicles, adopted 12-17-2018 by Ord. No. 26-2018.
As used in this article, the following terms shall be defined as follows:
- AUTHORIZED PERSONNEL
- Town employees or appointees assigned or permitted by the Town Administrator to operate a vehicle.
- MUNICIPAL VEHICLES
- Motor vehicles as defined in state law, including but not limited to automobiles, vans, trucks, and such other vehicles which operate by motorized power, which are owned or leased by the Town of Boonton or any department thereof for use by authorized Town employees or appointees to conduct the business of the Town.
Municipal vehicles are to be used for official business of the Town only. Personal use of municipal vehicles is prohibited and shall be cause for disciplinary action. Only authorized municipal personnel or persons conducting business of the Town may be transported in municipal vehicles;
No family member, or other private citizen, shall be transported in a municipal vehicle at any time. An exception to this requirement is transporting persons in police vehicles in the line of duty as authorized by the Chief of Police, or by the designated command officer;
Authorized personnel assigned motor vehicles are responsible for assuring that the vehicles are kept clean, are kept in good operating condition and serviced in accordance with a preventive maintenance schedule;
Only the Town-owned vehicles of the Police Chief, Department of Public Works Superintendent and Town Administrator may be taken home, to their respective addresses of record;
Any employee or appointee who is required to be on call and subject to frequent return-to-work calls will not be eligible to use a Town-owned vehicle for commuting purposes, except for the positions noted in Subsection D, unless otherwise approved by the Town Administrator;
Employees or appointees may only use Town motor vehicles within the borders of the State of New Jersey, unless on official business or with the approval of the Chief of Police or Town Administrator or their designee.
Any employee who uses a Town-owned vehicle for commuting, who exceeds 50 round-trip miles shall reimburse the Town at the existing federal mileage rate (IRS Standard Mileage Rate for business use) for each mile over 50 round-trip miles, and will be required to regularly memorialize that round-trip in writing each month, with the Town Administrator. Reimbursement shall be made on a monthly basis;
A log, journal or other written record must be maintained for all maintenance performed on municipal vehicles;
Authorized personnel must have a valid New Jersey driver's license or, if necessary, a commercial driver's license, which authorizes them to operate municipal vehicles requiring same;
The Town Administrator may, for good cause, grant permission to any employee to take home a Town-owned vehicle, provided that such permission is given in writing and it is in furtherance of Town business. The Mayor and Mayor and Board of Aldermen shall be notified, in writing, of the reason for granting such permission within seven business days thereof;
As to Town motor vehicles which are taken home after regular business hours during emergencies, such as snowstorms, rain storms and public health crises, the Town Administrator shall notify, in writing, the Mayor and Mayor and Board of Aldermen of such emergency use within three business days thereof. The Town Administrator shall also prepare and distribute to all employees written criteria for determining the appropriateness of taking home a Town-owned vehicle during emergencies;
The Fire Chief's Town-owned motor vehicle may be taken home by the Fire Chief, or his designee, only;
Any employee or appointee granted the privilege of using a Town-owned vehicle for commuting shall not use it for any other purpose than driving to and from work.
It shall be the employee's or appointee's responsibility to possess the current vehicle registration and insurance card and ensure that the vehicle has a current inspection sticker;
Payment of traffic/parking tickets are the responsibility of the operator of the motor vehicle; failure to attend to any summons or pay any fine may result in disciplinary action, up to and including termination;
An employee or appointee may be held liable for any loss or damages to a municipal vehicle if the loss or damage is the result of willful or reckless conduct on the part of the employee or appointee;
All occupants of municipal vehicles must wear their seat belts in compliance with the laws of the State of New Jersey.