[HISTORY: Adopted by the Mayor and Council
of the Borough of Dunellen 10-7-2002 by Ord. No. 02.13. Amendments noted where applicable.]
A.
Employment in the Borough of Dunellen shall be based
on merit and fitness, free of personal and political considerations.
There will be no discrimination in any aspect of employment made because
of race, color, creed, national origin, political or religious opinions
or affiliation, ancestry, age, marital status or sex of any individual,
or because of liability for service in the Armed Forces of the United
States, or because of a physical handicap, provided that it does not
interfere with the individual's ability to perform the work required.
Just and equitable incentives and conditions shall be established
and maintained in order to promote efficiency and economy in the operation
of the government. Nothing in this subsection shall be construed to
supersede the right of the Mayor to nominate and appoint coordinate
officers of the Borough.
B.
Positions with similar duties and responsibilities
shall be classified and compensated on a uniform basis.
C.
The provisions of this policy shall apply to all Borough
employees with the exception of the Borough Auditor, Assessor, Engineer,
Attorney, Chief Financial Officer or any other independent contractor.
However, if there is a conflict between a specific provision of this
policy and the specific provision of a collective bargaining agreement,
then the specific provision of the collective bargaining agreement
shall apply.
D.
It is the Borough's policy to prohibit harassment
of one employee by another employee or supervisor on the basis of
sex. The Borough shall create a separate policy on sexual harassment.
E.
Nothing in this policy shall be construed to supersede
any federal or state statute, rule, act or other regulation that governs
a specified Borough position.
A.
There is hereby established a Personnel Office under
the general supervision of the Municipal Clerk who shall be responsible
to the Mayor and Council for the establishment and maintenance of
all personnel records and the administration of such other phases
of the Borough's personnel program as the Mayor and Council shall
determine.
C.
The Personnel Office shall be overseen and subject
to the jurisdiction of the Administration and Finance Committee of
the Borough Council.
[Amended 11-1-2010 by Ord. No. 2010-14]
As used in this chapter, the following terms shall have the
meanings indicated:
Refers to the time off from normal work hours at the regular
rate of pay granted to an employee for the equivalent amount of overtime
worked. This time cannot create additional labor expenses.
An employee whose regular hours of duty are the regular and
normal workweek for the job classification in his/her department,
but must be greater than or equal to 35 hours per week who has completed
the introductory period.
An employee who works 24 hours or less per week, or whose
appointment is otherwise defined as part time, and who has completed
the introductory period. Part-time employees shall not be entitled
to paid vacation, holiday, sick or personal day benefits and health
benefits.
An employee who works 34 hours or less per week, but no fewer than 25 hours per week, or whose appointment is otherwise defined as part time, and who has completed the introductory period. Part-time employees shall not be entitled to paid vacation, holiday, sick or personal day benefits and health benefits, except as is granted in § 50-10D.
An employee who has been appointed to a temporary position
which may be of a seasonal or emergency nature. Temporary employees
shall not be entitled to paid vacation, holiday, sick or personal
day benefits and health benefits.
[Amended 11-1-2010 by Ord. No. 2010-14]
A.
Introductory period. Commencing with a new employment, an employee
must successfully complete a six-month working period to become either
a full-time or part-time employee.
B.
Introductory/temporary appointment. A new employee shall serve a
period of six introductory months. On satisfactory completion of this
period, an employee will be placed on the seniority list retroactive
to the employee's first day of employment. Any employee who does
not successfully complete the introductory period may be terminated.
Certain positions may require varied hours,
which may include nights and weekends.
A.
Vacancies shall be posted in the Borough Municipal
Building and advertised through the official Borough newspapers. Other
area papers, professional associations or agencies may be utilized,
as required, to attract qualified competitive applicants.
B.
An application obtained from the Personnel Office
shall be completed by each person applying for a position with the
Borough and submitted to the Personnel Office before the application
deadline. Applications shall include employment history, educational
background, qualifications and references. Willful misrepresentation
or falsifications on the application will result in the disqualification
or dismissal of the applicant or employee.
C.
The department head shall schedule interviews with
the most qualified applicants. During the interview, every effort
shall be made to apprise the candidate of the Borough personnel policies,
terms and conditions of employment, duties of the position, benefits
and other appropriate information.
D.
Prior to employment, the department head may require
any job applicant to submit to a medical, psychological or psychiatric
examination by a doctor designated by the Borough. Any such examination
shall be at the Borough's expense.
E.
The Personnel Office shall conduct a check of previous
employment or driving record, if required for the position, and a
background investigation as deemed necessary for applicants being
considered for Borough positions.
F.
Appointment to a position, on the recommendation of
the department head and appropriate Council Committee, shall be made
by the Mayor with the advice and consent of the Council.
G.
Preference shall be given to residents of Dunellen,
provided that no conflict of interest exists and the qualifications
of the Dunellen resident are equivalent or greater than the qualifications
of the other applicants.
A.
The normal workweek is five days, 37.5 hours per week,
Monday to Friday.
[Amended 11-1-2010 by Ord. No. 2010-14]
B.
The normal workday for all full-time employees is
9:00 a.m. to 4:30 p.m. with one hour for lunch. Department heads shall,
subject to the approval of the Borough Council, establish the starting
time, the ending time and the lunch period for other positions. Full-time
or salaried employees shall be given no additional compensation for
additional hours worked as part of the regular duties expected of
the position.
C.
Accurate and complete daily attendance records shall
be maintained by each department head, and each department head shall
file a daily absentee or termination report with the Personnel Office
on a biweekly basis. Such records shall indicate the hours each employee
has worked on a daily basis. Sick, vacation, personal or any other
absences shall also be indicated on the attendance records.
A.
The Borough shall pay its employees every two weeks.
The hourly rate shall be computed by dividing the annual salary by
the number of hours in the employee's prescribed work year. If a payday
falls on a holiday, checks will be issued on the preceding workday.
B.
All employees absent from work during scheduled work
hours shall be subject to loss of pay for same unless credited to
vacation, sick, personnel or emergency leave in the specified manner.
C.
Overtime and the form of compensation for overtime
must be authorized in advance by the department head or supervisor
and approved by the appropriate Council committee.
D.
When monetary compensation is authorized, overtime is payable at
the rate of 1 1/2 times the employee's hourly rate for hours
worked in excess of 37.5 per week. Straight time shall be paid up
to the regular hours. The employee shall be compensated for overtime
in the year during which it is earned. This provision will apply only
to full-time employees. Regular part-time employees and part-time
employees will not be eligible for 1 1/2 overtime pay.
[Amended 11-1-2010 by Ord. No. 2010-14]
E.
Salaried employees shall not be entitled to either
extra monetary compensation nor compensatory time for overtime hours
worked as part of the regular duties of the position.
A.
A demotion may occur as a result of a reduction in
force for economic reasons or abolishment of position. The salary
of an employee, who is demoted, shall be adjusted to the lower level
pay rate.
B.
Whenever there is a lack of work, funds or other reason
requiring a reduction in the number of employees, the required reduction
shall be made as the Mayor and Council may designate with due consideration
to seniority. Employees who have successfully completed the introductory
period shall be given a minimum of 45 days' written notice. This provision
does not apply to appointments, except as otherwise stated or required,
which shall automatically end on December 31.
C.
Employees are expected to give 14 days' written notice
of their intended resignation. All resignations shall be forwarded
to and reviewed by the Personnel Office. Failure to give adequate
notice may result in loss of accrued vacation or personal days.
A.
The official holidays for the Borough are New Year's
Day, Martin Luther King Day, Lincoln's Birthday, Washington's Birthday,
Good Friday, Memorial Day, July 4, Labor Day, Columbus Day, Election
Day, Veteran's Day, Thanksgiving Day, Christmas Day and any day that
the President of the United States or Governor of the State of New
Jersey declare as a holiday.
B.
If a holiday falls on Saturday, it shall be observed
on the preceding Friday. If a holiday falls on Sunday, it shall be
observed on Monday.
D.
Regular part-time employees shall be entitled, after
the completion of one year, to holiday pay, five vacation days and
five sick days. Such payments shall be prorated based on average daily
hours worked during the preceding year.
E.
Each full-time employee shall be entitled to five
personal days each year. Said five days are not cumulative from year
to year and are separate and apart and not to be considered as either
sick or vacation leave. Said five personal days may be taken on one-half-day
fractional basis, provided that department heads maintain accurate
records of such leave.
F.
Part-time or temporary employees shall not be entitled
to personal days.
G.
Vacation and personal days shall be taken at such
times and for such terms as the department head and Personnel Office
shall determine to be in the best interest of the Borough. Vacation
should be taken during the calendar year in which it is earned or
during the first three months of the succeeding year. Any vacation
not used at the end of this time is lost by the employee. Each year
a vacation schedule shall be posted in each department and submitted
to the Personnel Office by April 1. Employees with seniority shall
be given preference as to vacation scheduling. Each department head
shall submit the schedule to the appropriate committee for approval.
In the event that the duties of the employee prevent the using of
the full vacation entitlement, unused vacation leave may be carried
forward into the next succeeding year only, and only with the prior
approval of the department head and Personnel Office or appropriate
committee.
H.
Upon termination of employment, an employee will receive
payment of accrued vacation of a pro rata basis.
A.
Sick leave shall mean paid leave that shall be granted
to a regular part-time or full-time employee who:
(1)
Through sickness or injury becomes incapacitated to
a degree that makes it impossible for the employee to perform the
duties of the employee's position.
(2)
Is quarantined by a physician because the employee
has been exposed to a contagious disease.
(3)
Has need to visit a medical professional during municipal
business hours.
B.
Sick leave in excess of three consecutive days shall
require the submission of a notice of release from a physician.
C.
Sick leave is earned according to the following: During
the first year of employment, full-time employees shall be entitled
to one day with pay for each month of service, to the maximum of seven
days.
D.
All other employee eligible for sick leave are entitled
to seven sick days per year.
E.
All employees shall provide their department head
or supervisor at least one hour's notice of the taking of any sick,
emergency or disability leave, unless extenuating circumstances prevent
such notice. Such notice may be provided to the Personnel Office if
the department head or supervisor is not available. Failure to comply
with this provision may result in loss of pay to the employee.
F.
Sick leave may not be accrued to the employee's credit
from year to year. There will be no compensation given for unused
sick time. Abuse of sick leave shall be cause for disciplinary action.
Unused sick time is forfeited upon separation from employment, including
retirement.
G.
When a regular full time employee is injured or disabled
resulting from or arising out of his/her employment, the Mayor and
Council may grant a leave of absence with pay not exceeding one year,
provided that the physician appointed by the Mayor and Council shall
certify as to such injury or disability. When a leave of absence has
been granted, the employee shall not be charged with any sick time
leave to the time lost due to such particular injury or disability.
The Borough shall pay the employee his/her regular salary, and the
employee shall remit to the Borough any worker's compensation award
for salary compensation.
H.
A regular full-time employee shall be eligible for
disability leave of absence due to off-the-job illness or injury or
maternity. Prompt written notice shall be provided to the proper authority,
which notice must include a doctor's certificate stating the nature
of the disability, the date until which the employee will be able
to work and the expected date of return to work. The employee shall
be permitted to use credited vacation time prior to the commencement
of the disability leave. The leave of absence will be for a period
of up to three months. It may be extended on a month-to-month basis
for a maximum of six months upon the employee's written request to
the Borough with proof of continued disability. A doctor's certificate
of continued disability must be submitted for each month that the
employee requests that leave be extended. If the leave extends beyond
six months, an employee's seniority and benefits, if any, may stop
accruing.
I.
An employee shall not work at another job while on
sick leave from the Borough. There is no category of "light duty."
[Amended 12-20-2010 by Ord. No. 2010-16]
J.
Any employee who is injured in the performance of
duties shall immediately report the incident to the department head
and the Municipal Clerk and report the injury to Mastercare. A record
of each incident will be placed in the personnel file of the employee.
K.
Any request for leave of absence with or without pay
shall be submitted in writing to the department head who will refer
it with his/her recommendations. Maximum leave granted shall be one
year.
L.
All full-time employees shall be entitled to three
days funeral leave in the event of the death of an immediate family
member. "Immediate family member" shall mean spouse, mother, father,
stepmother, stepfather, grandparent, child, brother, sister, mother-in-law
and father-in-law.
A.
Longevity for employees hired prior to July 1, 2002,
shall be as follows:
In the event that an employee is required to
serve jury duty, the employee shall be paid the regular rate of pay.
Each department head, in conjunction with the
appropriate Council committee, shall meet with and evaluate each employee
during the month of January. A written notice of the upcoming evaluation
shall be submitted to the employee at least two weeks before the date
of the evaluation. A department head shall be evaluated by the appropriate
committee. Job performance, attendance, areas for improvement and
any other concerns shall be discussed at this time. A written evaluation
shall be submitted to the Personnel Office, the employee and appropriate
Council committee members. The employee shall have the right to submit
written comments concerning the evaluation. These comments will be
attached to the evaluation and placed in the employee's personnel
file.
A.
Infractions, including but not limited to the following,
may be cause for removal, suspension, demotion or written reprimand,
subject to approval of the Mayor and Council:
(1)
Neglect of duties.
(2)
Incompetency or inefficiency.
(3)
Insubordination or serious breach of discipline.
(4)
Consumption and/or use of a controlled dangerous substance
or the consumption of alcohol or intoxication while on duty.
(5)
Chronic or excessive absenteeism.
(6)
Disorderly or immoral conduct.
(7)
Willful violation of any provisions of the statutes,
rules or regulations relating to the employment of public employees.
(8)
The conviction of any criminal act or offense.
(9)
Negligent or willful damage to public property or
waste of public supplies.
(10)
Conduct unbecoming an employee in the public
service which adversely reflects on the Borough.
(11)
The use or attempt to use one's authority or
official influence to control or modify any activity during working
hours for political purposes.
(12)
Accepting compensation other than from the Borough,
monetary or otherwise, for any action or inaction performed as a normal
part of a job.
B.
Any employee may institute a grievance after any disciplinary
action by a supervisor or the Mayor and Council. The grievance procedure
must be followed.
Whenever an employee has a grievance related
to disciplinary action taken against him/her, the employee should
first present it orally and in writing to the immediate supervisor.
It is the responsibility of the supervisor to attempt to arrange a
mutually satisfactory settlement of the grievance within three days
after it was first presented, or during that time notify the employee
of the inability to do so. When the employee is notified by the supervisor
of the inability to arrange a mutually satisfactory solution to the
grievance, the employee may present the grievance in writing to the
Personnel Office. The Personnel Office will attempt to find a mutually
satisfactory solution to the grievance within five days. Failing a
solution, the grievance will be presented to the appropriate committee
of the Borough Council at a meeting which will include the supervisor
and Municipal Clerk or Administrator. The Administration and Finance
Committee will attempt to find a mutually satisfactory solution to
the grievance within 10 days. Failing a solution, the complaint will
be forwarded to the Mayor and Council. The Mayor and Council will
attempt to find a mutually satisfactory solution within 15 days and
provide the employee with the final decision.
A.
The Mayor, Council and department heads shall have
the right to institute additional policies and procedures when reasonable
and appropriate. All such policies and procedures must be enacted
by ordinance. After final adoption and publication of such ordinances,
all employees will received certified copies.
B.
All questions regarding personnel-related matters
or issues covered herein shall fall within the jurisdiction of the
Administration and Finance Committee of the Borough Council unless
otherwise indicated.
Any provision of this policy which conflicts
with a contractual agreement between the governing body and any employee
or union shall be considered invalid. In the event of an invalid provision,
all other provisions of this policy shall apply.
[Added 12-7-2015 by Ord.
No. 2015-11]
A.
All full-, part-time and seasonal employees who receive compensation from the Borough of Dunellen are mandated to have direct deposit of their compensation as of July 1, 2014, in accordance with Chapter 28, P.L. 2013, as defined under N.J.S.A. 52:14-15f, Subdivision b.
B.
Municipal
employees may request, in writing, an exemption from the direct deposit
mandate to the Borough Treasurer or Administrator. Such requests will
be presented to the Borough Council within 40 days. The Borough Council
may grant such an exemption by resolution and only for good cause.
[Added 9-18-2017 by Ord.
No. 2017-08]
A.
Employees, including Borough officials, must conduct business according
to the highest ethical standards of public service. Employees are
expected to devote their best efforts to the interests of the Borough.
Violations of this policy will result in appropriate discipline up
to and potentially including termination.
B.
The Borough recognizes the right of employees to engage in outside
activities that are private in nature and unrelated to Borough business.
However, business dealings that appear to create a conflict between
the employee and the Borough's interests are unlawful under the
New Jersey Local Government Ethics Act, N.J.S.A. 40A:9-22.1 et seq.
Under the Act, certain employees and officials are required to annually
file with the Borough Clerk a state-mandated disclosure form. The
Borough Clerk will notify employees and Borough officials subject
to the filing requirements of the Act.[1]
C.
A potential or actual conflict of interest occurs whenever an employee,
including a Borough official, is in a position to influence a Borough
decision that may result in a personal gain for the employee or an
immediate relative, including a spouse or significant other, domestic
partner, child, parent, stepparent, stepchild, sibling, grandparents,
daughter-in-law, son-in-law, grandchildren, niece, nephew, uncle,
aunt, or any person related by blood or marriage residing in an employee's
household. Employees are required to disclose possible conflicts so
that the Borough may assess and prevent potential conflicts. If there
are any questions whether an action or proposed course of conduct
would create a conflict of interest, immediately contact the Borough
Administrator to obtain clarification.
D.
Specifically, no Borough employee may ask or direct another employee
to provide personal services during working hours, nor may an employee
provide such services. No Borough employee may accept or permit anyone
in the employee's immediate family to accept any gratuity, gift,
item or service of monetary value from a vendor, prospective vendor
or party to a contract with the Borough or any of its boards or agencies.
No Borough employee shall accept any gift, gratuity, item or service
of monetary value from a resident or business person in the Borough
in consideration for the performance of his or her municipal duties
or because of his or her status as a municipal official or employee.
A Borough employee shall not accept any discounted merchandise, services,
or other item of value from a resident or business person in the Borough
in consideration for the performance of his or her municipal duties
because of his or her status as a municipal official or employee.
Employees are required to report to the Borough Administrator any
offer of a donation, gratuity, contribution or gift, including meals
and entertainment that is in violation of this policy.
E.
Employees are allowed to hold outside employment as long as it does
not interfere with their Borough responsibilities. Employees are prohibited
from engaging in outside employment activities while on the job or
using Borough time, supplies or equipment in the outside employment
activities. The Borough Administrator may request employees to restrict
outside employment if the quality of Borough work diminishes. Any
employee who holds an interest in, or is employed by, any business
doing business with the Borough must submit a written notice of these
outside interests to the Borough Administrator.
F.
An employee who believes that any provision of this policy has been
violated should report the alleged violation to his or her supervisor
or other Borough managerial employee. Violations of this policy will
result in appropriate discipline, including termination.
[Added 9-18-2017 by Ord.
No. 2017-09]
A.
Borough-owned vehicles shall be used only on official Borough business
and all passengers must be engaged in Borough business. An employee
who is also employed by another governmental entity may use a Borough
vehicle for that employment only if the employment is pursuant to
an interlocal agreement between the Borough and the other jurisdiction.
C.
In the event a Borough vehicle needs to be driven home by an employee,
the employee must obtain the advance approval of the Borough Administrator,
except a department head may grant a temporary approval to facilitate
the employee's responses to after-hours emergency calls. When
an employee drives a Borough vehicle to his or her home, it must be
used only for official Borough business and for commuting to work/home.
There are no other permissible uses for the Borough vehicle. Employees
authorized to use such vehicles for commuting to or from work shall
have a fringe benefit value added to the gross income reported on
the employee's W-2 unless exempt by law.
D.
Employees shall be reimbursed for the use of the employee's
personal vehicle for Borough business, provided:
(1)
Use of the personal vehicle is considered necessary and is authorized
in advance by the employee's supervisor.
(2)
A Borough vehicle was not reasonably available when the personal
vehicle was used.
(3)
The employee made a request to use his or her personal vehicle in
writing and an adequate record showing the date the vehicle was used,
the miles driven and the nature of trip for the Borough is maintained
and submitted to the Borough Administrator.
(4)
Reimbursement to employees for use of personal vehicles while on
Borough business shall be at the IRS's standard mileage rate.
(5)
Private automobile mileage reimbursement for Borough business is
allowed from the point of origin to the point of destination (but
not for commuting between home and work). When Borough business trips
originate or terminate at the employee's home because of convenience
to the employee, mileage reimbursement to the employee must be the
lesser of:
