[HISTORY: Adopted by the Mayor and Council of the Borough
of Ho-Ho-Kus 1-28-1997 by Ord. No. 771.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Borough personnel — See Ch. 10.
Defense and indemnification — See Ch. 16A.
Defined contribution retirement program — See Ch. 16B.
Salaries — See Ch. 53.
Education for government officials — See Ch. 95.
[1]
Editor's Note: This ordinance also superseded former
Ch. 42, Personnel Rules and Regulations, adopted 4-25-1967 by Ord.
No. 430, as amended.
A.
The Mayor and Council, by the adoption of this chapter, declares
it to be the policy of the Borough to establish fair and equitable
standards for the benefit of the employees of the Borough and to provide
for the proper administration of the governmental affairs of the Borough.
The Mayor, Borough Administrator, Personnel Officer and a Council
member will review and update annually the Risk Management Loss Control
Policy and the Employee Handbook. All employees are subject to and
shall comply with the Local Government Ethics Law.[1] A copy of the pertinent provisions of this law will be
maintained on file with the Personnel Officer. In its personnel notices
and practices, it is the aim of the Borough of Ho-Ho-Kus:
(1)
To seek and obtain for each position the best qualified person available,
without regard to race, creed, color or national origin.
(2)
To provide all employees with proper supervision, instruction and
working conditions, so that they may render the best possible service.
(3)
To base promotion and job security on ability, performance experience,
character and job attitudes.
(4)
To make the best possible use of employee skills and abilities.
(5)
To consider qualified Borough employees first when there is an opportunity
for advancement.
(6)
To expect each employee consistently to perform to the best of their
ability, to be conscientious in their work, to conduct themselves
appropriately and to treat others with respect and courtesy.
(7)
To stimulate the self-betterment of each employee and to encourage
them to seek all possible means of increasing their value to the community.
(8)
To pay fair and adequate salaries or wages for each position and
in return to expect a consistently good job.
(9)
To impress on employees that at all times they are serving the taxpayers
of the community.
(10)
To promote in each employee a feeling of pride and job satisfaction
in the service of the Borough of Ho-Ho-Kus.
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.
B.
Declaration of policies. The Mayor and Council, by the adoption of
this chapter, declares it to be the policy of the Borough to establish
fair and equitable standards for the benefit of the employees of the
Borough and to provide for the proper administration of the governmental
affairs of the Borough.
(1)
The Borough of Ho-Ho-Kus Policy on Discrimination and Harassment.
(a)
The Borough of Ho-Ho-Kus is desirous of promoting and maintaining
a working environment whereby all employees, regardless of title and
level of employment, are treated with respect and courtesy. Discrimination
or disrespectful behavior by and toward another employee will not
be tolerated.
(b)
Discrimination, harassment or disrespect on the basis of race,
color, national origin, religion, marital status, political affiliation,
sex or sexual preference, age or disability are prohibited by federal,
state and Borough policies.
(2)
Reporting of discrimination/harassment/wrongful acts.
(a)
All employees have a right to formally or informally report
any and all statements, acts or behavior by a co-employee, supervisory
personnel or elected officials which is deemed or perceived by the
affected employee to be an improper employment practice.
(b)
Employees who may lodge a complaint can be assured that their
complaint will be taken seriously and will receive a prompt and thorough
investigation. Furthermore, employees' complaints will be treated,
to the extent possible, in a confidential manner; however, anonymity
or confidentiality cannot be guaranteed if action is to be taken against
the alleged wrongdoer since the accused may be entitled to confront
the accuser as a matter of due process.
C.
Applicability. The provisions of this chapter shall apply to all
employees of the Borough. Refer to the Employee Organizational Chart
for applicability as to position and benefits.
(1)
Exempt personnel. The personnel of the Borough hereinafter designated
shall be exempt from the provisions of this chapter:
(a)
All members of citizen boards and committees.
(b)
All Borough Engineers, Borough Attorney, Borough Auditor.
(c)
Board of Adjustment Attorney, Planning Board Attorney.
(d)
Animal Control Officer and any other contract employees.
(e)
Positions involving seasonal or part-time employment, including
summer help.
(f)
Volunteer personnel and personnel appointed to serve without
compensation.
(g)
Professional consultants or counsel rendering professional services.
(h)
All members of the Council and the Mayor.
[Added 4-25-2006 by Ord. No. 911]
A.
The governing
body shall hereafter, by resolution, adopt and amend from time to
time personnel policies and procedures, including rules concerning
the hiring and termination of employees, terms and conditions of employment
and regulations required to comply with applicable federal and state
employment-related law. The personnel policies and procedures adopted
pursuant to said resolution(s) shall be applicable to all employees
of the Borough; however, if there is a conflict between said personnel
policies and procedures and any duly adopted and lawful collective
bargaining agreement, personnel services contract or federal or state
law, the terms and conditions of that contract or law shall prevail,
but in all other cases, the personnel policies and procedures adopted
pursuant to this chapter shall prevail.
B.
The Personnel
Officer shall be responsible to implement and enforce the personnel
policies and procedures adopted hereafter by resolution authorized
pursuant to this section.
A.
Notification of job openings. Whenever a new position is created
or whenever a vacancy occurs which necessitates the hiring of a new
employee, the head of that department shall notify the Borough Personnel
Officer, in writing, and include the appropriate written job description.
The Personnel Officer shall have the authority to advertise the job
opening in any periodical or media he or she believes is most likely
to attract qualified applicants. The appointment shall be made to
the applicant whose attributes and qualifications best meet the Borough's
needs. Original job applications shall be kept on file with the Borough
Personnel Officer.
B.
Application for employment. An applicant for employment by the Borough
shall file an application provided by the Borough. The application
shall be filed with the Personnel Officer. The Personnel Officer shall
retain the original application and forward the copy to the appropriate
department head. The application shall become a part of the personnel
file of the applicant upon employment by the Borough.
(1)
The department head will conduct a preliminary interview with each
applicant, and, if the department head concludes that the applicant
meets the qualifications for the opening, the applicant will be referred
to the Personnel Officer, who will conduct a reference investigation
and check of previous employment. If such information if favorable,
the Personnel Officer will arrange for the applicant to be interviewed
by the Borough Administrator.
(2)
If the Borough Administrator and department head are in agreement
that the applicant is suitable to hire, the department head will request
the Personnel Officer to arrange a physical examination for the applicant
if required for the position.
(3)
Following a favorable report on the physical examination, the appointment
of the applicant will be referred to the Borough Council for final
action, including the amount of salary to be paid.
(4)
If approved by the Council, the Personnel Officer will so notify
the applicant, advise him or her of the starting date and arrange
for the applicant to report to the personnel office to complete the
necessary employment formalities. The Personnel Officer will check
all papers for completeness and set up a personnel file for the employee.
(5)
Each new employee shall be advised that they are on trial or probation
for the first six months of employment and shall be so advised when
appointed.
(6)
Temporary and extra employees, when first employed, will complete
an application for employment, and a personnel file will be set up
in the personnel office.
C.
Employment.
(1)
Appointments. All employees, officers and department heads of the
Borough shall be appointed and/or promoted by the governing body.
No person shall be employed under the provisions of this chapter unless
the necessary budget appropriation for the office or position has
been adopted by the Mayor and Council in the municipal budget and
is specified in the Salary Ordinance.[1]
D.
Physical examination. The Borough may require an applicant for employment,
prior to employment, to successfully pass a physical examination and
a drug and alcohol test consistent with the ADA to assure that the
work required to be performed will not cause injury to the employee
and that the person is physically fit to meet the requirements of
the employment. The Mayor and Council may require a periodic physical
examination of an employee's ability to perform the duties of
employment satisfactorily. All physical examinations shall be performed
at the expense of the Borough by a physician designated by the Borough.
E.
Hours of employment.
(1)
Employees of the Borough shall ordinarily be required to work five
days a week from Monday to Friday. All full-time permanent employees
of the Borough shall work 35 to 40 hours per week, 52 weeks per year.
Hours of employment shall be determined by the Personnel Officer in
conjunction with the department head when not specified in the Salary
Ordinance. The department head of each department shall schedule the
lunch period for each employee of the department, provided that the
lunch period shall not exceed one hour. The schedule shall be arranged
in a manner that will require the Borough Hall to be open to the public
continuously from 8:30 a.m. until 5:00 p.m., and the Department of
Public Works from 7:00 a.m. to 3:30 p.m.
(2)
All employees shall report in when coming on duty, including after
lunch and when called back for overtime; and report out when going
off duty, including before lunch and after overtime. (Lunchtime and
overtime requirements will not apply to department heads.)
(3)
All time records of nonsupervisory personnel shall be approved by
their supervisors. All supervisors' and department heads'
records shall be approved by the Personnel Officer.
(4)
All changes in the approved Borough office hours must be authorized
in advance by the Mayor and Council by resolution.
(5)
Employees other than department heads who work in excess of 40 hours
in the workweek will be paid overtime at the rate of 1.5 times their
hourly rate. In computing overtime compensation, the nearest 1/2 hour
shall be the smaller fraction of the hour to be reported.
(6)
Overtime work will be kept to a minimum and, except in cases of emergency,
must be authorized in advance by the department head. Records will
be kept of all overtime and filed with the Personnel Officer biweekly.
(7)
Employees, with the exception of department heads, who incur an undue
amount of overtime in order to maintain certain services may be granted
equal time off in lieu of overtime compensation at such time as is
arranged with and approved by the department head. In exceptional
instances when time off in lieu of overtime payments cannot be taken
because of necessary work, the appropriate overtime payments may be
granted by the Mayor and Administrator.
F.
Time and attendance.
(1)
Accurate and complete time and attendance records will be maintained
by each departmental unit of the Borough. The head of the department
will certify to the accuracy of the time and attendance records to
the Personnel Officer.
(2)
All Borough employees are to be at their assigned posts, ready for
work, as specified by the department head, unless on vacation, on
leave of absence or absent for good cause.
(3)
Being punctual is of the utmost importance; consequently, any lateness
and the reason for it will be noted on the time record. Recurring
or chronic lateness will be referred to the Borough Council for appropriate
action.
G.
Salary and benefits.
(1)
The Mayor and Council shall determine the salary of every employee
subject to the provisions of this chapter by the adoption of a Salary
Ordinance annually.[2] The Mayor and Council shall fix the method of payment
of salary in the Salary Ordinance to be adopted. Where salary ranges
are provided in the ordinance, actual salary may be set by resolution.
(2)
Employees other than department heads who work in excess of their
normal workweek may be granted equal time off in lieu of overtime
compensation. Such time must be arranged and approved by the department
head. There is separate pay for covering evening meetings.
H.
Performance evaluations are required to be submitted on an annual
basis by June 30 of each calendar year using the form adopted by the
Mayor and Council.
[Amended 3-28-2000 by Ord. No. 824]
I.
Holidays.
(1)
Employees subject to the provisions of this chapter shall be entitled
to 13 paid holidays per year. The following official holidays with
pay shall be observed by the Borough: New Year's Day, Martin
Luther King Day, Abraham Lincoln's Birthday, Presidents'
Day, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus
Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving
Day and Christmas Day, unless otherwise specified by union contract.
(2)
In the event that a holiday occurs on a Sunday, it shall be observed on the following Monday. In the event that a holiday occurs on a Saturday, it shall be observed on the preceding Friday. If an employee is required to perform services for the Borough on a holiday, the employee shall be compensated as set forth in Subsection E, Hours of employment. When a holiday occurs during an employee's vacation or sick leave, the employee shall use the holiday in place of the vacation or sick day.
(3)
The Mayor and Council may, by resolution, grant such additional holidays
as deemed appropriate and may substitute any of the days in the year
in place of official holidays listed above.
(4)
The above provisions relating to holidays shall not apply to policemen
regularly assigned to duty on these holidays. However, all holidays
must be taken during the current year and may not be accumulated.
J.
Abolishment of office or position. The Mayor and Council may abolish
an office or position and reduce the number of personnel employed
by the Borough for reasons of economy or efficiency.
K.
Exempt personnel. The personnel of the Borough hereinafter designated
shall be exempt from the provisions of this chapter:
(1)
All members of citizen boards and committees.
(2)
All Borough Engineers, Borough Attorney, Borough Auditor.
(3)
Board of Adjustment Attorney, Planning Board Attorney.
(4)
Animal Control Officer and any other contract employees.
(5)
Positions involving seasonal or part-time employment, including summer
help.
(6)
Volunteer personnel and personnel appointed to serve without compensation.
(7)
Professional consultants or counsel rendering professional services.
(8)
All members of the Council and the Mayor.
A.
Annual vacations with pay are authorized for full-time or permanent
employees, except those subject to labor agreements with the Borough,
on the following basis:
(1)
During the first calendar year (January 1 through December 31) of
service, or part thereof, the employee shall be entitled to five workdays
as vacation if employed before April 1. Thereafter as follows:
|
During Calendar Year of Service
|
Vacation Days
| |
|---|---|---|
|
2 through 5
|
10
| |
|
6
|
13
| |
|
7
|
14
| |
|
8
|
15
| |
|
9
|
16
| |
|
10 and 11
|
17
| |
|
12 and 13
|
18
| |
|
14 and 15
|
19
| |
|
16 and 17
|
20
| |
|
18 and 19
|
21
| |
|
20 or more
|
22
|
(2)
In the event of resignation or retirement, vacation days shall be
prorated.
B.
Military leave. Any full-time employee who is a member of the National
Guard, Naval Militia, Air National Guard, or a reserve component of
any of the Armed Forces of the United States and is required to engage
in field training shall be granted a military leave of absence with
pay for the period of such training as is authorized by law. The paid
leave of absence shall be in addition to his or her vacation.
C.
Employees, subject to the approval of the department head, may take
vacation leave from time to time during the fiscal year in half days,
provided that the department head shall advise the personnel officer
by written memorandum of said vacation arrangement prior to the employee
taking said vacation. Employees shall be required to take the annual
vacation allotted to each employee during the fiscal year. The practice
of banking vacation time by using compensation time for vacation time
is prohibited unless approval is authorized in advance by resolution
of the Borough Council.
[Amended 2-24-2009 by Ord. No. 944]
D.
If an official holiday falls during an employee's vacation period,
an additional day of vacation will be granted in lieu of the holiday.
E.
No more than five vacation days may be carried over from one year
to the next.
[Amended 3-28-2000 by Ord. No. 824]
F.
Temporary or part-time employees are not eligible for vacation benefits.
G.
In order that employees may receive the maximum benefit from their
vacations, not more than five days of vacation may be taken one or
two days at a time.
H.
All vacations must be scheduled and approved by the department head
or supervisor. It is his or her responsibility to schedule individual
vacations so that activities of the Borough will be carried on with
a minimum of interruption and inconvenience. Employees with seniority
will be given first preference in assignment of vacations. All vacations
over two weeks in length must be approved by the Personnel Officer
or Mayor and Council.
I.
Unless specifically authorized by the Borough Council in advance,
extra compensation will not be allowed in lieu of unused vacation
leave.
J.
Upon the death of an employee, the Borough will pay to an individual
designated in writing by the employee and filed with the Borough Administrator,
or the estate if no written designation has been filed, any unused
vacation for the calendar year in which the death of the employee
occurs.
K.
The department head shall annually arrange a vacation schedule for
each employee of the department. The department head shall file a
vacation schedule with the Personnel Officer. The department head
may alter the vacation schedule during the fiscal year, if necessary
for the efficient operation of the department. The department head
shall file the altered vacation schedule with the Personnel Officer.
An employee subject to the provisions of this chapter shall be entitled
to no credit for all full-time service in computing the years of service,
if said service had been interrupted by resignation. Requests for
vacation must have department head approval.
A.
Absences from duty are classified "illness," "excused absences,"
"absence without leave" or "vacations" and are to be so noted on the
time report. All authorized leaves of absence will be recorded, together
with the reason for the same.
B.
It is the responsibility of each employee to notify their department
head without delay if they will be absent from or delayed in reaching
their assigned post. If unable to reach the department head, the Personnel
Officer should be notified. Failure to report when absent is a serious
offense which cannot be tolerated and may lead to disciplinary action
or dismissal by the Borough Council.
C.
In the event of a death in the employee's immediate family or
the death of a close relative residing with the employee, the department
head may grant up to a three-day leave of absence with pay. For the
purpose of this chapter, "member of the immediate family" is interpreted
as meaning father, mother, husband, wife, child, sister, brother or
close relative residing with the employee.
D.
A leave of absence without pay may be requested by any employee who
will submit, in writing, all facts bearing on the request to their
department head and Council Committee, who will forward the request
to the Borough Council with their recommendations. The Borough Council
will consider each case on its merits and, without establishing a
precedent, make such decision as its judgment dictates at the next
scheduled Council meeting. No leave of absence without pay will be
granted for more than six months.
A.
"Sick leave" is hereby defined to mean absence from post of duty
of an employee because of illness, accident or exposure to contagious
disease.
B.
Absence of an employee on account of sickness or disability in their
immediate family which necessitates them remaining home to care for
the patient may be charged as sick leave when substantiated and approved
by their department head.
C.
In all cases of reported illness or disability, the Borough reserves
the right to send a medical physician to examine and report on the
condition of the patient to the Mayor and Council.
D.
When the absence on account of illness or disability does not exceed
three successive workdays, the employee's statement of the cause
may be accepted without a supporting statement from their attending
physician.
E.
Every absence on account of illness or disability in excess of three
workdays must be certified by a written statement from the attending
physician, using the form provided by the Borough for that purpose.
The Borough also reserves the right to waive this requirement or to
require the employees to be examined and certified as fit for duty
before returning to work by a medical physician designated by the
Borough Council.
F.
During protracted periods of illness or disability, the Borough may
require interim reports on the condition of the patient at weekly
periods from the attending physician and/or physician designated by
the Borough Council. When under medical care, employees are expected
to conform to the instructions of the attending physician if they
wish to qualify for salary payment during such period of illness of
disability.
G.
Payment of wages.
[Amended 3-28-2000 by Ord. No. 824]
(1)
The rules which follow apply to the payment of salaries or wages
during periods of illness or disability of full-time or permanent
employees. Temporary employees are not entitled to compensation for
such absence. Full-time or permanent employees of the Borough shall
be entitled to the following periods of sick leave with full pay,
with the provision, however, that in the event that said sick leave
is not used in any one year, up to 20 days of such leave may accumulate
for use in future years, up to a maximum of 135 days' accumulated
sick leave:
(2)
No employee shall be entitled to take sick pay in lieu of sick leave,
with the exception of a member who retires after 25 years of service.
Such a member shall, upon retirement, be entitled to a lump sum payment
for accumulated sick days at their rate of salary existing at the
time of retirement as follows:
(a)
Full pay for sick days accumulated to a maximum of 135 days,
provided that no sick leave was taken during the calendar year prior
to retirement.
(b)
In the event that sick leave was taken during the calendar year
prior to retirement, the number of sick days taken as sick leave shall
be deducted from the maximum sick days accumulated (maximum 135 days)
to determine the number of days to which compensation will be received
as a lump sum retirement payment.
H.
Sick leave with pay will not be allowed under the following conditions:
(1)
If the employee, when under medical care, fails to carry out the
orders of the attending physician.
(2)
If, in the opinion of the medical physician designated by the Borough
Council, the employee is ill or disabled because of self-imposed contributory
causes or actions occasioned by bad habits.
(3)
If, in the opinion of the medical physician designated by the Borough
Council, the disability or illness is not of sufficient severity to
justify the employee's absence from duty.
(4)
If, in the opinion of the medical physician designated by the Borough
Council, the employee on sick leave can be assigned to other temporary
Borough work of dissimilar nature than their regular job and the employee
refuses to perform the same.
(5)
If the employee does not cooperate with the medical physician designated
by the Borough Council and permit examination at the Borough's
convenience relative to their return to Borough work.
I.
The recommendations of the medical physician designated by the Borough
Council, as well as those of the attending physician, as to the justification
of the absence from duty on account of disability or illness, or of
the fitness of the employee to return to duty, shall be considered
by the Borough Council. In the event that there is a disagreement,
the Borough Council will then make a decision in the matter.
J.
If an employee is in need of frequent and/or weekly and/or biweekly
medical sessions and requests to be excused early, or at any time
during the work day, from assigned duties, then such requests must
be made, in writing, from the medical doctor or the physiotherapist
or the appropriate certified health care provider who is providing
the treatment. Such request must state the approximate time frame
for the appointments, the approximate number of visits required and
that the appointments could not be held at any other time and why.
Employees, at times, are faced with a decision regarding elective
surgery. Elective surgery should be scheduled for departmental nonpeak
periods, and the dates must be preapproved by the department head.
K.
An employee shall be entitled to no credit for unused sick time for
prior services, if the employee's service to the Borough has
been previously terminated for any reason.
A.
An employee who is certified as absent on account of a disability
or accident caused in the usual course of their employment and directly
in line of duty shall not have such absence charged against their
sick leave. All other provisions regarding absence on account of sickness
or disability apply.
B.
If the injury is sufficiently severe to keep an employee off duty
and they have given notice of the disability or accident in accordance
with this chapter and the applicable laws and regulations, they shall
receive payment of such amount so that the payment from the Borough,
made together with payments received under the Workers' Compensation
Act, will equal their regular salary for the first three months and
1/2 their regular salary for the next three months, provided that
they are receiving payments under the Workers' Compensation Act.
Should the injury extend beyond six months and the employee is then
unable to return to work, the employee, at their option, may use sick
leave and/or vacation time.
C.
Nothing herein contained shall be considered to be in derogation
of or restrictive of any statute now in effect limiting the period
during which municipal employees may be compensated for leave on account
of disability or illness, but these provisions are to be construed
and administered in conjunction therewith.
D.
An employee who is injured while working must make an immediate report
of such injury to their department head. All injuries, no matter how
slight, must be reported within eight hours. If the employee is injured
to such an extent that they require medical attention, the employee
shall immediately go to an authorized doctor/medical facility for
treatment. Department heads shall be responsible for notifying the
Personnel Officer and Borough Clerk. The Borough Clerk shall notify
the insurance company and the certifying agent of the appropriate
retirement system (where applicable) of all injuries reported by employees
under their supervision and shall make certain that the proper written
reports are made.
E.
An employee shall reimburse the Borough for moneys he or she may
receive as workers compensation from any legal settlement or judgment
against the person(s) or entities responsible for the injury.
F.
In the event that an employee shall sustain an injury which renders
him unable to return to work for the first three months thereafter,
the employee shall receive his regular net salary from the Borough,
less any amounts received from worker's compensation benefits,
disability, no-fault or any other type or insurance coverage. For
the next three months thereafter, he shall receive 1/2 of his net
salary from the Borough, less any amounts received from workers'
compensation benefits, disability, no-fault or any other type of insurance
coverage. To the extent that any such salary benefits have been paid
by the Borough, the Borough shall have a lien against any recovery,
whether by way of settlement or verdict, against any person responsible
for said injury.
Any employee hired prior to the effective date of this chapter
who acquires five or more years of consecutive service with the Borough
shall not be removed from Borough employment except for good cause
shown after a fair and impartial hearing, but shall continue to be
employed during good behavior and efficiency. This provision shall
not apply to any employee who is employed for a fixed term or who
is given tenure of office by statute or other ordinance. This section
shall not apply to any employee hired after the effective date hereof.
Any employee who is employed by the Borough shall be on probation
for a period of six months after the date of their employment, unless
otherwise covered by contract. In the event that the Borough Council
is not satisfied with such employee for any reason whatsoever, such
employee may be discharged at any time within such period.
A.
It shall be the policy of the Borough that employee discipline be
part of an orderly sequential process having as its guiding principles
the following:
(1)
It shall be nondiscriminatory in the broadest sense.
(2)
It shall be fair and equitable.
(3)
It shall be part of an orderly, written process and provide due process
to all employees.
(4)
No person shall be subject to discipline in retaliation for having
reported, in good faith, wrongdoing by another. This policy shall
be administered in accordance with the New Jersey "Whistleblower's
Law," i.e., New Jersey Conscientious Employee Protection Act, N.J.S.A.
34:19-1 et seq.
(5)
The procedure set forth in this chapter shall be required prior to
any disciplinary action against an employee, but any violations or
omissions of said procedure not affecting an employee's substantive
rights shall not bar said disciplinary action.
B.
Any employee may be suspended with pay by the Borough Administrator
for cause until such times as the matter can be fully investigated
and determined. Any employee may appeal a disciplinary action imposed
under this section to the Borough Council.
(1)
Any employee may be suspended from office by the Borough Council
or any department head for cause until such time as the matter can
be fully investigated and determined.
C.
Causes. The causes sufficient for disciplinary action shall include
but not be limited to the following:
(1)
Neglect of duty.
(2)
Poor performance.
(3)
Absence without leave or failure to report after authorized leave
has expired or after such leave has been disapproved or revoked.
(4)
Insubordination or serious breach of discipline.
(5)
Violation of alcohol and/or drug program.
(6)
Conviction of a criminal act.
(7)
Disobedience of the department rules, regulations and directives.
(8)
Conduct unbecoming a public employee.
D.
All disciplinary actions against Borough employees, except for employees
who are governed by a separate ordinance or contract and employees
whose removal or suspension is controlled by a separate statute of
the State of New Jersey, shall proceed as follows:
(1)
When a department head believes that an employee is not conforming
to the letter or spirit of the Borough policies and rules or to specific
instruction given them or has acted improperly, the department head
should first privately discuss the matter with the employee concerned
in order to obtain the employee's view of the matter.
(2)
The department head and the Personnel Officer should, if possible,
then obtain assurance that there will not be a repetition of the incident,
or they may exercise disciplinary action as follows:
E.
Procedure.
(1)
Informal. An employee may be sent home for the balance of a day and suspended for an additional period not exceeding five additional days without pay by the department head and the Borough Administrator in the event of an offense set forth in Subsection C. Any other form of discipline involving loss of pay shall be commenced through formal proceedings as herein provided for. An employee disciplined informally as above may appeal as hereinafter provided for to have the lost days of pay restored and the informal disciplinary action expunged from or modified within the employee's personnel file.
(2)
Formal procedures.
(a)
Complaint.
[1]
An employee charged with any of the violations set forth above
shall be notified, in writing, of the violation within 30 days of
the awareness of the same by the governing body or superior of the
alleged violation, which charge shall state the specific facts of
the violation, including dates and time of the offense, and said charges
shall be signed by the departmental superior or Personnel Officer
proffering the charge against an employee. An employee may be suspended
until disposition of the charge prepared against them in a formal
complaint.
[2]
In the event that it appears to the Borough Administrator desirable
to do so, the matter may be referred to the appropriate committee
of the Borough Council for review and/or such action taken as to warranted
by the facts. No employee who has tenure shall be removed from office
or employment without just cause, and then only after written charge
or charges of the cause of complaint shall have been proffered against
such officer or employee, signed by the person or persons making such
charge or charges and filed with the Borough Administrator.
(b)
Hearing.
[1]
An employee shall be entitled to a full hearing on all charges
before the Mayor and Council. The hearing shall be a formal proceeding.
The employee shall receive notice by certified mail of the date, time
and place of said hearing. The Personnel Officer shall fix a date,
time and place of said hearing within 30 days after the filing of
formal charges against said employee. The employee may request the
hearing to be held in a public session in accordance with the Open
Public Meetings Act (N.J.S.A. 10:4-6 et seq.).
[2]
A written report of the charge or charges shall be privately
examined by the Borough Council upon reasonable notice to the person
charged, it being the intent of this chapter to give every person
against whom a charge or charges for any cause may be proffered a
fair trial upon said charge or charges and every reasonable opportunity
to make their defense.
[3]
All charges shall be heard by the Mayor and Council sitting
as the authority to make a determination of said charges. Testimony
of all witnesses shall be taken under oath. The Borough Attorney or
other attorney designated by the governing body shall prosecute the
charges against the employee, and the employee may be represented
by counsel at the hearing at his or her own expense. The Personnel
Officer may order that a stenographic record be made of the proceedings,
or the employee may request, in writing, that a stenographic record
be made, at the employee's expense, provided that the employee
or his or her counsel shall inform the Personnel Officer, in writing,
at least one week prior to the date set for the hearing.
A.
All employees will, when leaving the service of the Borough, complete
and sign the termination receipt when receiving their final compensation.
This receipt will be filed in the employee's personnel file as
evidence of the satisfaction of all claims against the Borough.
B.
Upon termination of service, no cash payment for unused sick leave
will be made.
A.
All qualified Borough employees must be enrolled in the Public Employees
Retirement System Plan of New Jersey or the Police and Firemen's
Retirement System and are subject to the requirements and provisions
of the plans. The employee's contribution to the plan is deducted
from the salary paid to such qualified employee and remitted to the
state, as prescribed by law. The Borough contribution for such employees
is determined by and subsequently remitted to the state in accordance
with the provisions of the law.
B.
Borough employees having completed the required number of years of
service and having attained the specified age may apply for retirement
as provided for by the plans. An employee having attained the age
mandatory to retire under the plans must apply for retirement under
the plans.
C.
All information regarding the retirement plans may be obtained from
the office of the Personnel Officer.
A.
No part of the pay due an employee for work done shall be withheld
from their check except as required by law or as authorized in writing
by the employee.
B.
Employees may not accept donations or other gratuities, contributions,
etc., that would in any sense put the employer under obligation to
the person or persons making the donations, etc.
C.
Engaging in private employment by any full-time employee in off-duty
time is not encouraged, and such work will not be permitted in cases
where its performance conflicts with the Borough's interest and/or
reduces the employee's ability to adequately perform their duty
of employment with the Borough.
D.
The Borough Council reserves the right to add, change, interpret
or eliminate personnel policies, practices and rules whenever it appears
to be in the best interest of the Borough to do so.
E.
A separate personnel file will be established and maintained for
each employee of the Borough.
F.
Personnel files are confidential records and will be maintained in
the office of the Borough Administrator in a locked file, and nothing
shall be removed therefrom. The files will be in two groups: active,
representing employees on the payroll; and closed, for employees no
longer in the services of the Borough.
G.
Each active personnel file will contain the following information:
summary of personnel actions, including a record of salary increases,
promotions, transfers, etc., and will contain correspondence memoranda
or other pertinent material directly concerning the employee.
A.
The Borough shall furnish to each eligible employee medical insurance
coverage for the employee and members of their immediate families,
and the entire premium shall be paid by the Borough.
B.
The Borough shall furnish to each eligible employee dental insurance
coverage for the employee and members of their immediate families,
and the entire premium shall be paid by the Borough.
C.
Subject to and consistent with N.J.S.A. 40A:10-23, when an employee
retires on a regular retirement or disability retirement under the
New Jersey Public Employees Retirement System, such eligible employee
shall be entitled to a maximum of $1,500 per annum from the Borough
of Ho-Ho-Kus to pay for his or her own medical insurance program.
In the event that the employee who is retired is employed by another
employer where medical insurance is supplied, then during such employment
the retiree is not eligible to receive this benefit. The retiree shall
provide the Borough of Ho-Ho-Kus annually with a certification indicating
such lack of coverage and also a certification of purchase of the
aforementioned medical insurance on his or her own. This benefit shall
terminate 10 years after the member's retirement. This benefit
will commence upon retirement and end 10 years after retirement, whether
used or not. This subsection is only applicable to employees of the
Borough hired before the effective date hereof. It is not applicable
to employees hired after the effective date of this subsection.
[Amended 9-23-2014 by Ord. No. 1032]
[Amended 9-23-2014 by Ord. No. 1032]
If any portion of this chapter is adjudged unconstitutional
or invalid by a court of competent jurisdiction, such judgment shall
not affect or invalidate the remainder of this chapter but shall be
confined in its effect to the provision directly involved in the controversy
in which such judgment shall have been rendered.
[Amended 9-23-2014 by Ord. No. 1032]
All other ordinances of the Borough, or parts thereof, which
are in conflict with this chapter are hereby repealed to the extent
of such conflict.
[Amended 9-23-2014 by Ord. No. 1032]
This chapter shall take effect upon passage and publication
as required by law.
