[HISTORY: Adopted by the Mayor and Council
of the Borough of Wharton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-2-2006 by Ord. No. O-18-06 (Ch. III of the Revised
General Ordinances)]
This article shall be known as the "Personnel
Ordinance of the Borough of Wharton."
For the purposes of this article, the following
terms, phrases, words and their derivations shall have the following
meaning:
Any full-time or permanent part-time employee of the Borough.
Employment is based on a full calendar year and the employee
is required to perform at least 35 hours of work per calendar week.
Employment status applies to all employees working less than
30 hours of work per calendar week.
Employment status is achieved when employee is required to
perform at least 30 hours of work per calendar week.
It is the intention of this article to provide
for and to regulate full-time, permanent part-time, and part-time
employees of the Borough.
A.
Accurate and complete time and attendance records
shall be maintained by each departmental unit. A time report for each
week shall be prepared by the department head and forwarded to the
Borough Administrator no later than 10:00 a.m. of the first weekday
following the end of the pay period.
B.
The regular hours of work for full-time Borough employees
shall be as follows:
|
Employee
|
Hours
| |
|---|---|---|
|
Borough offices and other clerical
|
8:30 a.m. to 4:30 p.m.
Monday through Friday
One hour for lunch
35 hours per week
| |
|
Department of Public Works
|
6:00 a.m. to 2:30 p.m.
Monday through Friday
One-half hour for lunch
40 hours per week
| |
|
Police Department
|
2,080 hours per year,
schedule to be determined by
the Chief of Police
| |
|
Library
|
Hours as set forth by the Trustees of the Library
|
C.
The first Thursday of every month, with the exception
of holidays and months with scheduled elections, the Borough of Wharton
Municipal Building will be open from 8:30 a.m. until 7:30 p.m. In
months with scheduled elections, the Borough of Wharton Municipal
Building will be open from 8:30 a.m. to 7:30 p.m. on the date of the
scheduled election, instead of the first Thursday of the month. The
Friday following the first Thursday, the Borough of Wharton Municipal
Building will close at 12:30 p.m. All employees, with the exception
of the union members of the Police Department and the union members
of the Public Works Department, will have the above hours as "regular
hours."
[Amended 5-23-2016 by Ord. No. O-13-16]
D.
Any permanent changes in the established hours of
work must be authorized and or approved in advance by the Borough
Administrator and/or the Borough Council.
E.
Employees are required to report an unexpected absence
or late arrival no later than one hour beyond their reporting time.
F.
Lunch periods shall be specified by the department
head and shall be strictly enforced.
Employees may participate in employment outside
of the job held with the Borough provided that said employment does
not adversely affect the employee's performance or availability to
work in call-out situations when the job position requires availability
for call-out and provided they maintain the Borough of Wharton as
their primary employer. All outside employment must have prior approval
by the Borough Administrator and, where applicable, be in accordance
with current Police Department rules and regulations.
A.
The following days shall be considered holidays, with
Borough offices closed and normal operations suspended, except for
those employees whose regular schedules require attendance at work:
B.
When a holiday falls on a Saturday, the preceding
Friday shall be considered a holiday. If a holiday falls on a Sunday,
the following Monday shall be considered a holiday. Permanent part-time
employees shall be paid for holidays on the basis of the number of
hours in their normal work day. Due to the emergency nature of the
work of the Police Department, and the fact that members cannot be
given normal holiday privileges, each member of the Police Department
who is a member of the Collective Bargaining Unit, or who works on
a shift basis, shall receive holiday compensation in accordance with
the specific provisions of the currently effective agreement between
the Borough and the Collective Bargaining Unit. Employees who are
absent the day before or the day after a predetermined holiday are
to be paid full wages for the holiday providing they give the department
head advance notice, or an emergency beyond their control arose which
merits approval. It is the responsibility of the department head,
however, to investigate the nature of the absence to prevent any pattern
from developing. In all other circumstances, employees not working
before or after the holiday will not be paid for the holiday. Permanent
part-time employees and part-time employees who are not scheduled
to work on a holiday as a part of their normal schedule will not be
entitled to the holiday. Employees on authorized vacation shall be
granted one additional day of vacation when a holiday falls within
the vacation period. Should a holiday occur while an employee is on
paid sick leave, he/she shall be paid for the holiday and no deduction
shall be made from his/her sick leave account.
[Amended 6-12-2017 by Ord. No. O-08-17]
A.
The Borough provides vacations with pay to all full-time and permanent
part-time employees. All eligible employees shall take their vacation
at such times as can be conveniently arranged with the department
head and Personnel Administrator. It is the responsibility of the
department head and Personnel Administrator to ensure that vacations
are spread out so that the Borough can still function during the periods
of time when employees are on vacation. Each year there will be certain
dates, as decided by the Borough Administrator and Personnel Administrator,
where employees will not be permitted to take vacation time without
extenuating circumstances. These dates will be communicated in January
of each year.
B.
If there is a conflict in terms of requested vacation dates, preplanning
and seniority will be considered by the Borough Administrator and
Personnel Administrator when making a determination of who will prevail.
C.
Vacation periods are based on length of continuous service with the
Borough. As seniority with the Borough increases, employees will be
entitled to the following number of vacation days/hours based upon
a thirty-five-hour work week:
(1)
First year through fifth completed year: 10 working days per year
or 70 hours per year. Vacation accrual will be prorated on a 1/12
basis for each month worked during an incomplete accrual period.
(2)
Sixth year through 10th year: 15 working days per year or 105 hours
per year.
(3)
Eleventh year through 20th year: 20 working days per year or 140
hours per year.
(4)
Twenty-first year and over: 25 working days per year or 175 hours
per year.
[Amended 4-5-2021 by Ord. No. O-06-21]
D.
Full-time employees and permanent part-time employees who work less
than the 35 hours per week shall receive vacation, sick, and personal
time on a prorated basis using their average work-week hours as the
numerator and the 35 hours as the denominator. In the event that the
prorating will result in time measurements of less than 30 minutes,
the prorating will be rounded up to the next thirty-minute time measurement.
Note: For example, an employee who has worked for the Borough for
three years who works seven hours a day and four days per week will
be eligible to receive 80% of the full allotment of vacation time.
This is based upon the employee working 28 hours in a week. Twenty-eight
hours divided by 35 hours equals 80%. The 80% multiplied by the thirty-five-hour
full-time work week would entitle the employee to a vacation benefit
of 28 hours of vacation time in a year.
E.
Employees with more than one week's vacation must take one week in
five consecutive days. Any additional vacation may be taken on a day-to-day
basis with supervisory approval. An employee is not permitted to continue
at work in order to obtain pay in lieu of vacation. As of December
31 of each year, any remaining vacation time, up to a maximum of 10
days, will be allowed to carry over to the following year. When an
individual's employment with the Borough is terminated, the employee
shall be paid for any unused annual vacation leave subject to the
following:
(1)
Vacation is accrued on a January 1 through December 31 basis.
(2)
Vacation accrual will be prorated on a 1/12 basis for each month
worked during an incomplete accrual period.
(3)
To receive this benefit, an employee voluntarily resigning or retiring
must give two weeks' notice. Nothing in this section shall supersede
another department's rules and regulations, policies and procedures
and union contracts.
A.
Each full-time employee or permanent part-time employee
working 30 hours per week is entitled to three personal days, after
12 consecutive months of employment. Personal days cannot be accumulated
from year to year. Upon termination of employment, if an employee
has not utilized his/her personal days, they will be forfeited. All
employees should inform their department head as far in advance as
possible when they intend to take personal days. Nothing in this section
shall supersede another department's rules and regulations, policies
and procedures or union contracts.
B.
Full time employees and permanent part-time employees
who work less than the 35 hours per week shall receive vacation, sick,
and personal time on a prorated basis using their average work week
hours as the numerator and the 35 hours as the denominator. In the
event that the prorating will result in time measurements less than
30 minutes, the prorating will be rounded up to the next thirty-minute
time measurement.
A.
Absence due to personal injury, illness or disability
will be considered to have occurred when a full-time, permanent part-time
or part-time Borough employee is incapacitated through sickness or
injury to a degree that makes it impossible to perform the duties
of the position, or is quarantined by a physician because of exposure
to a contagious disease. The department head or Borough Administrator
may require that any absence in excess of three consecutive work days
be certified by a written statement of the attending physician. In
addition, the Borough Administrator may require that any employee
absent in excess of three consecutive work days be examined by the
Borough physician. In cases of extended illness, disability, or a
pattern of absences, the employee shall furnish such reports or medical
certificates of his condition as may be required by his department
head, or the Borough Administrator may require that any such employee
be examined by the Borough physician prior to returning to work, in
order to determine his fitness to perform the requirements of his
position.
B.
Any employee who is injured in the performance of
duty shall immediately report the accident to his supervisor and shall
complete a form provided for such reports. The completed accident
report forms shall then be submitted immediately to the Borough Administrator.
C.
All full-time employees not covered by the Police
Collective Bargaining Unit or Teamsters' contracts shall be entitled
to 10 days sick leave per year at the rate of 10/12 of a day per month
commencing January 1. All permanent part-time employees working a
minimum of 30 hours per week, 12 months per year who are not members
of the DPW or FOP bargaining units shall be entitled to paid sick
time on a pro rata basis or in accordance with the New Jersey Paid
Sick Leave Law (P.L. 2018, Ch.10), whichever is greater. Sick time
for permanent part-time employees shall not be accumulated.
[Amended 10-21-2019 by Ord. No. O-15-19]
D.
At retirement in good standing, after 15 years or
more of total service, full-time employees not covered by the Police
Collective Bargaining Unit or Teamsters contract will be compensated
for unused accumulated sick leave not to exceed, however, 100 days
based upon the individual's regular rate of pay at the time of retirement,
provided that sick leave shall be paid on the basis of the following
schedule and provided that in no event shall such compensation exceed
the maximums allowed:
E.
Part-time employees shall receive paid sick leave
in accordance with the New Jersey Paid Sick Leave Law (P.L. 2018,
Ch.10).
[Amended 10-21-2019 by Ord. No. O-15-19]
F.
Full time employees and permanent part-time employees
who work less than 35 hours per week shall receive vacation, sick,
and personal time on a prorated basis using their average work week
hours as the numerator and the 35 hours as the denominator. In the
event that the prorating will result in time measurements less than
30 minutes, the prorating will be rounded up to the next thirty-minute
time measurement.
[Amended 10-21-2019 by Ord. No. O-15-19[1]]
[1]
Editor’s Note: This ordinance also repealed former Subsection
G, regarding sick leave for crossing guards, which immediately followed.
[Amended 12-28-2010 by Ord. No. O-13-10]
The Borough of Wharton shall provide medical
insurance coverage as provided by the New Jersey State Health Benefits
Program or equivalent, for all full-time employees who work a minimum
of 35 hours per week. This will apply to all employees hired after
January 1, 2011. Employees will be eligible for participation in accordance
with the plan provisions. To obtain coverage, employees must fill
out the appropriate forms which are available from the Personnel Administrator.
The Borough of Wharton shall provide dental
insurance coverage for all full-time and permanent part-time employees
who work a minimum of 30 hours per week. This will apply to all employees
hired after March 1, 1996. Employees will be eligible for participation
in the dental program in accordance with the plan provisions.
The Borough of Wharton will provide workers'
compensation as required by state law for all employees. Any time
an accident or injury occurs while on the job, an employee shall report
the incident to his/her supervisor immediately, no matter how small
the injury. In addition, an accident report is to be completed and
given to the department head and/or the Borough Administrator immediately
after the injury. The department head will transmit the injury form
to the Borough Administrator's office within 24 hours. Compensation
for time lost from the job due to an on-the-job injury or job-related
illness for which workers' compensation will be handled as follows:
A.
The employee will receive normal salary from the Borough
of Wharton.
B.
The employee will receive a compensation check from
the insurance company, which shall be signed over to the Borough of
Wharton.
C.
The employee will not be taxed for any workers' compensation
payments, and this income will not be reported to the IRS on the employee's
W-2 form at the end of each year. Benefits in excess of the appropriate
workers' compensation temporary disability rate will be reported to
the IRS as taxable income. Continuation of benefits while on workers'
compensation will be in accordance with New Jersey Division of Pensions
Employee Benefit Manual.
D.
Thereafter, the employee will be covered by the Long
Term Disability Insurance Plan maintained by the Borough.
A.
The first six months of disability is provided through
the New Jersey State Temporary Disability Program. Thereafter, full-time
and permanent part-time employees will be covered by the Long-Term
Disability Insurance Plan maintained by the Borough.
B.
The Borough adheres to the policies and procedures
established by the State of New Jersey concerning the benefits to
be provided under the state disability program. In the event that
the current policy conflicts with the state's, then the state's will
prevail.
C.
At the onset of disability, the employee is responsible
for filing the proper documents as soon as it becomes apparent that
disability will be longer than the allowed sick time. An employee
will continue to receive full pay provided they have been employed
by the Borough over five years. Compensation from the State Temporary
Disability Program is to be reimbursed to the Borough. If an employee
has worked less than five years, then the employee will receive state
temporary disability benefits only. Individuals receiving short-term
disability will be credited with service time to become eligible for
long-term disability benefits.
D.
After six months of disability and state benefits
expire, employees are covered by long-term disability insurance with
the following schedule:
(1)
Zero to five years of employment: long-term disability
benefits only.
(2)
Five to 10 years of employment: long-term disability
benefits plus 20% of their salary, at the rate when the disability
first occurred, for a maximum of one year; after one year, long-term
disability only.
(3)
Ten to 15 years of employment: long-term disability
plus 30% of their salary, at the rate when the disability first occurred,
for a maximum of one year; after one year, long-term disability only.
(4)
Fifteen years and over: long-term disability plus
the difference to equal 100% alary at the rate when the disability
first occurred, for a maximum of one year; after one year, long-term
disability only.
A.
Recognizing the fact that well-trained and schooled
personnel contribute to the betterment of the Borough, the Mayor and
Council have established the following policy:
(1)
Expenses. Upon prior approval by the Borough Administrator,
the Borough will pay tuition costs, textbook costs, and reasonable
travel expenses. If the employee fails to complete or pass the course,
all expenses must be reimbursed to the Borough.
(2)
Required courses. The Borough will pay all costs for
those courses required by the Borough, state or federal governments.
(3)
Eligibility. The employee must be a full-time or permanent
part-time employee with the Borough of Wharton; the employee must
be in good standing; the source of instruction must be a recognized
and approved school or agency; prior approval of the academic program
by department head and Borough Administrator is required.
B.
The procedure is as follows:
(1)
The employee requests in writing to the department
head, prior to the beginning of course, approval of said course.
(2)
The department head discusses the request with the
Borough Administrator, a decision is reached and the department head
communicates decision, in writing, to the employee.
(3)
The employee, upon successful completion of any course,
notifies the department head of such completion by use of official
school document.
(4)
The department head notifies the Borough Administrator
of successful course completion.
(5)
The department head is responsible for submitting
copies of all related paperwork above, including requests for approval,
decisions on requests, notifications by the employee of successful
course completion, etc. to the Borough Administrator for inclusion
in the employee's personnel file.
C.
College credits for Police Officer shall be paid in
accordance with the terms of the current Police Collective Bargaining
Unit contract.
A.
Outside activities are separated into three categories:
required, requested by the Borough and voluntary. Required courses
are those seminars, conventions or classes that an employee must attend
to obtain or maintain his/her current position in the Borough. The
Borough will pay mileage, at prevailing Internal Revenue Service rates,
and costs for courses or seminars required to maintain a currently
held position. Requested seminars or classes are those that specific
employees will attend because of the relevance to the specific position
held. In this case, the Borough will pay mileage and cost for such
courses or seminars. Voluntary courses will be approved by the Borough
Administrator, and, if approved, then the Borough will pay mileage
and costs of the course or seminar.
B.
Employee eligibility to attend conventions shall be
determined by the employee's supervisor and approved by the Borough
Administrator. The Borough will pay the registration fee of the convention
or seminar up to a maximum of five days. Permanent part-time employees
are eligible for a prorated number of days. For example, a twenty-one-hour-per-week
employee would be eligible for a maximum of three working days. Luncheon
meetings of two hours or less will not be counted as one hour of that
time is the employee's lunch period. In addition to registration fees,
a reasonable accommodation fee and meal cost will be allowed for convention
or seminar attendance, provided receipts are submitted.
It is the Borough of Wharton's policy to give
every consideration to an employee who has had a death in the family.
Paid time off will be granted as follows: An employee will be granted
up to a maximum of three paid days off for a death in the immediate
family. Immediate family is defined to include spouse, child, father,
mother, brother, sister, father-in-law, or mother-in-law, a grandparent
or a relative living under the same roof. Unusual family situations
may, in individual cases, warrant considering some other members of
the family as immediate. Judgment will be applied in following the
spirit of this regulation. The approval of the Borough Administrator
is required.
An employee may be granted jury duty with pay
and should inquire about the duration of the jury trial in advance
of accepting such service. Employees who are summoned for service
as grand or petit jurors are required to provide the Borough Administrator
with a copy of the summons immediately upon receipt. An employee required
to serve jury duty shall be paid his/her regular rate of pay by the
Borough. Compensation, excluding travel monies, the employee receives
as a juror shall be turned over to the Borough.
Salaries for Borough employees are established
by ordinances and resolutions of the Borough Council. The Borough
normally shall pay its employees twice monthly or a total of 24 pays
per year. When a pay day falls on a holiday, the paychecks will be
distributed on the last working day prior to the holiday. Deductions
from the employee's paychecks, other than those legally required,
must be approved by the employee.
A.
Overtime work shall be kept to a minimum and, except
in cases of emergency, must be authorized in advance by the department
head. Department heads shall rotate overtime assignments on an equitable
basis among those qualified to perform the necessary work. Overtime
hours worked shall be reported on the regular weekly time sheets.
Supporting reasons for all overtime work shall be noted on the back
of the time sheets. Overtime compensation shall be 1 1/2 times
the employee's regular rate of pay or as stipulated in a union contract.
In computing overtime compensation, the nearest one-half hour shall
be the smallest fraction of an hour to be counted. Overtime compensation,
for work authorized or approved by the department head, shall be paid
for all time worked beyond the regularly scheduled hours of work,
except as indicated in the following sentence. An employee who works
a prescribed work week of fewer than 40 hours shall receive regular
pay for the hours worked between the prescribed work week and 40 hours
and receive overtime for the hours worked in excess of 40 hours. All
employees should be expected to perform a reasonable amount of overtime.
B.
Administrative, executive and professional personnel
shall receive no payment for excessive required overtime work. Compensatory
time shall be earned for time in excess of the normal work period.
Call-out time will be paid in accordance with the current salary ordinance
or as stated in the current union contracts. The Borough will follow
the Fair Labor Standards Act with respect to overtime and compensatory
time.
C.
It is the Borough's policy to pay for overtime work
rather than give equivalent time off. There may, however, be occasional
instances where an employee may request such time off in lieu of payment
and the department head may grant such request, if in his/her judgment
the work load of the department permits and is permitted by applicable
state and federal law.
D.
Crossing guards will be entitled to one hour's dress
time on snow days.
Employee lunch hours shall be scheduled between
11:30 a.m. and 2:00 p.m. unless otherwise authorized by the Borough
Administrator and shall be no longer than one hour or as stated by
union contract. The Borough Administrator shall be responsible for
overseeing the staggering of employee lunch times so that offices
are covered by staff at all times.
[Adopted 6-23-2014 by Ord. No. O-11-14]
All full-time employees who receive compensation from the Borough
of Wharton 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(b).
Seasonal, temporary and part-time employees who are employed
by the Borough of Wharton are exempt from the direct deposit mandate.
Municipal employees may request, in writing, an exemption from
the direct deposit mandate to the Borough Administrator. Such requests
will be presented to the Mayor and Council within 60 days. The Mayor
and Council may grant such an exemption by resolution and only for
good cause.
