[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Editor's Note: This ordinance also superseded former Ch. 42, Personnel Rules and Regulations, adopted 4-25-1967 by Ord.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]
[1]
Editor's Note: See Ch. 53, Salaries.
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]
Editor's Note: See Ch. 53, Salaries.
(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:
(a) 
Six months to five years of continuous service: per annum sick leave of 10 workdays.
(b) 
Five to 10 years of continuous service: per annum sick leave of 20 workdays.
(c) 
Ten or more years of continuous service: per annum sick leave of 30 workdays.
(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.
(9) 
Violation of sexual harassment section.[1]
[1]
Editor's Note: See § 42-1B.
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:
(a) 
Informal private, verbal reproof by supervisor.
(b) 
Written memorandum of censure from supervisor sent to the Borough Administrator.
(c) 
Refer to Borough Administrator.
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.
(c) 
Determination.
[1] 
The governing body shall, after completion of the hearing, make a determination, in writing, within 10 days after the completion of the hearing. The Personnel Officer shall notify the employee, in writing, of said action.
[2] 
Disciplinary actions against employees shall be in the following forms:
[a] 
Formal reprimand from Mayor and Council.
[b] 
Suspension from duty without pay.
[c] 
Transfer or demotion.
[d] 
Termination or such other action as the Borough Council deems appropriate under the circumstances.
(d) 
Appeal. Any employee may appeal a disciplinary action imposed under Subsection C of this section to the Council.
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.