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Township of Morris, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted 12-20-1995 by Ord. No. 51-95 (Ch. 15, Art. I, of the 1969 Code)]
A. 
There are hereby established in and for this municipality the following personnel policies relating to all present and future municipal employees:
(1) 
To recruit and retain for each position the best qualified person available within fiscal and organizational standards.
(2) 
To provide for all employees the best possible direction, leadership, supervision, guidance, instruction and working conditions.
(3) 
To base promotion and job security on ability, performance, experience and interest.
(4) 
To maximize use of employee skills and abilities to ensure maximum level of service at minimum expense to the taxpayer.
(5) 
To give first consideration to qualified Township personnel for promotion.
(6) 
To treat each employee with justice, respect, courtesy and consideration.
(7) 
To require each employee to do the best work possible and extend to others consideration and courtesy.
(8) 
To urge the self-betterment of each employee by encouraging study as a means of self-improvement.
(9) 
To pay fair and adequate salaries for each position and in return to expect and require consistently a good job from the employee (i.e., a fair day's work for a fair day's pay).
(10) 
To impress each employee with the concept of responsible public service due the citizens, taxpayers and the general public.
(11) 
To inculcate and maintain in each employee a feeling of pride and job satisfaction as each employee is an important part of the finest community in the State of New Jersey.
B. 
It is the policy of the Township of Morris that each employee shall always be treated fairly, courteously and with respect. Conversely, each employee shall always accord the same treatment to his fellow municipal employees, associates, department heads and to the general public.
C. 
It is of the utmost importance that each employee of this municipality shall always conduct himself or herself in a proper manner and in such a way as not to reflect unfavorably upon the employee or the Township. This provision pertains to off-duty times and hours as well as to times and hours of employment. Each employee shall be diligent in obeying all state and federal laws and rules, regulations and ordinances of the Township of Morris and encourage others to do likewise. Each employee shall be careful that his or her behavior, actions, language, dress or conduct does not reflect to the detriment of the Township of Morris.
D. 
It is the policy of the Township of Morris, pursuant to the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), that the Township of Morris shall not discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement or discharge of employees, employee compensation, job training and other terms, conditions and privileges of employment.
E. 
The Township of Morris is an equal opportunity employer. It is the Township's policy to extend equal treatment to all individuals in employment, compensation and other terms and conditions of employment without regard to race, color, sex, national origin, handicap, veteran status or other protected classification under federal or state law.
(1) 
It is the policy of Morris Township that all Township employees should be able to enjoy a work environment free of harassment.
(2) 
This policy refers to but is not limited to harassment for the following reasons: age, race, color, national origin, religion, sex, sexual orientation, marital status, handicap and veteran status.
(3) 
Harassment may include sexually explicit graffiti, posters or calendars, vulgar or offensive sexually related epithets, abusive language, depictions of sexually explicit behavior and incidents of indecent exposure by coworkers, vulgarity which interferes with job performance, requests for sexual favors, engagement in heterosexual or homosexual conduct on and off the work site, displays or circulation of written materials or pictures degrading to either gender, racial, ethnic or religious groups or verbal and abusive insults directed or made at or in the presence of members of a racial, ethnic, minority or specific gender group.
(4) 
Any harassment of employees by other coworkers or supervisors will not be permitted, regardless of their working relationship. "Sexual harassment" is defined and includes unwelcome sexual advances, requests for sexual favors or other offensive verbal or physical conduct that is sexual or gender-specific in nature. Sexual harassment undermines the employment relationship by creating an intimidating, hostile or offensive work environment and will not be tolerated. Sexual harassment includes such conduct regardless of the sexual nature as long as it is gender-specific.
(5) 
Managers and supervisors are required to immediately halt any harassment of which they become aware, in any manner whatsoever, by emphasizing the Township's policy and, when necessary, by more direct disciplinary action. Such action should be taken regardless of an employee's report of the same, if the supervisor becomes aware of such harassment.
(6) 
Individuals who believe that they have been subjected to harassment from either a coworker or a supervisor should make it clear to the offender that such behavior is offensive to them and should immediately bring the matter to the attention of their supervisor or the designated EEO Coordinator at the Township.
(7) 
After receiving a report of harassment of any sort whatsoever, the supervisor or the designated EEO Coordinator shall immediately request a signed statement from the victim and begin a thorough confidential investigation. The EEO Coordinator should be informed of such complaint as part of the investigation. The investigation shall consist of interviews of witnesses and warning the same about the confidentiality of the investigation and retaliation. After a thorough investigation, appropriate and immediate corrective action shall be initiated up to and including dismissal. If necessary, immediate corrective action, such as a transfer of the alleged offender, may be taken prior to the completion of the investigation. If the claimant's facts are not substantiated, the EEO Coordinator shall make the best efforts to reacquaint the individuals and reiterate the Township's policy against harassment of any kind whatsoever. Following such investigation and corrective action, the EEO Coordinator shall follow up to be sure that the corrective action has had the desired effect.
F. 
It is important for employees who feel they have been harassed to report incidents to administration. Anyone found to have engaged in any type of harassment shall be subject to discipline up to and including discharge.
G. 
The Township of Morris does hereby adopt and incorporate by reference as if set forth at length herein the Family and Medical Leave Act of 1993 (29 CFR 825.100 et seq.) and the New Jersey Family Leave Act (N.J.S.A. 34:11B-1 et seq.).
H. 
Additional policies adopted by resolution. The Township of Morris may adopt, amend or revise the policies and regulations set forth in this article by resolution. Such additional policies, amendments or revisions are hereby incorporated by reference herein and shall be of the same force and effect as if set forth at length herein.
The following general employment practices shall be followed in this municipality:
A. 
The Township Committee shall formally effect the creation of any new position by ordinance, define the duties thereof and authorize the hiring therefor prior to any employment or engagement of the employee. Additionally, there must be provided in the current budget specific funds to compensate the employee.
B. 
The Township Committee must formally approve the filling of any vacancy which has existed for over six months in any previously authorized or established permanent position before any hiring can be initiated.
C. 
Whenever a vacancy exists or a new position is created, any Township employee who believes he possesses the necessary qualifications may apply for the position. Applications should be by standard application form, directed to the Township Administrator and filed before the deadline specified. Consideration may be given by the department head(s) affected and the Township Committee relative to the requested transfer of the employee. The parties shall consider the overall welfare of the Township in making employee transfers.
D. 
The application for employment form prepared by the Township Administrator shall be available at the office of the Township Administrator and shall be completed by all persons applying for positions with the Township of Morris.
E. 
Each applicant for a position in Morris Township shall be in good health and free of any infectious or contagious disease and shall so certify in his or her application.
F. 
The Township Administrator shall coordinate and implement such procedures to enable the orderly selection of the most qualified applicant. Each applicant shall be subjected to medical examination, submission of references and background investigation, including fingerprinting, and any other further investigation deemed necessary by the Administrator.
G. 
Prior to the medical examination, the selected applicant will receive a copy of the personnel policies and practices of the Township of Morris. If, after a careful study of the policies, practices and rules set forth therein, the selected applicant agrees to conform to them, the form of statement provided for that purpose will be signed. Thereafter, he will be given the medical examination. Any applicant who does not agree to conform to the authorized personnel policies, practices and rules of the Township of Morris is ineligible for employment and shall be so notified, in writing.
H. 
All tentatively selected applicants will be advised by the Township Administrator that their appointment is being considered on the basis of information contained in the application for employment and given in the personal interview. Any misstatements or pertinent information withheld shall be sufficient cause for disqualification from employment, and the applicant shall be so notified.
I. 
If the medical examination, references and background investigation are satisfactory, the entire file is to be referred by the Township Administrator to the subcommittee chairperson for reference to the Township Committee for final action, when required.
J. 
Except when statutory requirements or established departmental rules and regulations direct otherwise, all new employees or employees transferred shall be considered as being probationary employees for a minimum period of six months.
K. 
The Township Administrator shall check all papers and records for completeness and set up a personal history file for each employee.
L. 
A medical examination, which may include a drug screening, will be required for all except casual, temporary or extra employees.
M. 
The foregoing requirements and practices, which are intended to cover permanent employees, may be waived in emergent situations of employment or where the proposed employment is temporary.
N. 
The foregoing requirements and practices shall not interfere with or replace more stringent employment requirements and practices presently or hereafter established in the Police Department and Fire Department.
The following regulations are hereby established relative to working time, attendance on job and overtime for municipal employees:
A. 
Accurate attendance records shall be maintained by each department head of the Township of Morris, who shall certify the accuracy thereof, at least monthly or at such other time period as the Township Administrator shall require.
B. 
All Township office employees will be at their assigned posts of duty at 9:00 a.m. each working day, unless on vacation, ill, absent or on leave, except when their assigned tour of duty requires some other starting hour, such as the Police and Fire Departments. The regular hours of the roads, sewer and recreation maintenance employees shall be 7:00 a.m. to 3:30 p.m., with an unpaid one-half-hour lunch period; unless otherwise designated by the department head, the regular hours of the Roads and Sanitation Department shall be 6:00 a.m. to 2:30 p.m., with an unpaid one-half-hour lunch period.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Any lateness and the reason for it shall be noted on the time report by the department head. Recurring or chronic tardiness or unexplained absences from post or duty shall be referred to the Township Administrator by the department head for appropriate action and shall be the basis for disciplinary action against or discharge of the offending employee.
D. 
For all employees other than police, fire, recreation, maintenance, roads, sanitation and sewer, a lunch period of one hour is allowed, with the specific time thereof assigned to each employee by the department head, so that each office will be covered as necessary during the lunch period. Tardiness in returning from lunch is not permitted and shall be noted by the department head on the time report.
E. 
The regular closing hour for the Township offices (other than those requiring tours of duty ending at some other hour) is 5:00 p.m. on weekdays, Monday through Friday. Employees are expected to complete their assigned tour of duty, unless excused by the department head. In such case, a suitable notation will be made on the time report.
F. 
Any change in the approved Township office hours must be authorized in advance by the Township Committee, except in emergency matters or situations, in which case the Township Administrator may, in his decision, modify the hours.
G. 
Unless a department or certain positions within a department are regularly assigned a greater number of hours per week, the normal hours of work for full-time Township employees are 35 hours per week, except hourly employees and police and public works employees (except engineering). During an emergency, the head of each department may vary the work hours as necessity dictates.
H. 
Overtime.
(1) 
All employees, except as otherwise provided herein, shall be paid time and a half their hourly rate of pay for each full hour of duty beyond the normal tour of duty. After an employee works 1/2 hour of overtime, he shall receive overtime pay in one-half-hour increments for each 1/2 hour worked. An employee's hourly rate of pay is determined by dividing the employee's annual base salary by 2,080 working hours for those on a forty-hour-week schedule and by 1,820 working hours for those on a thirty-five-hour-week schedule.
(2) 
Overtime, as set forth above, shall be paid when an employee who is eligible to receive it is required to work in excess of a completed tour of duty or on a regularly scheduled day off or on an official holiday. Holiday overtime pay does not apply to those employees who are otherwise compensated for the holiday. Any eligible employee shall be paid compensation at the overtime rate when authorized to work beyond his regular tour of duty by his department head or the Township Administrator.
(3) 
The following personnel are not eligible for overtime pay:[2]
(a) 
Township Administrator.
(b) 
Police Chief.
(c) 
Deputy Police Chief.
(d) 
Director of Public Works.
(e) 
Chief Financial Officer.
(f) 
Finance Director.
(g) 
Tax Collector.
(h) 
Treasurer.
(i) 
Township Clerk.
(j) 
Assessor.
(k) 
Superintendent, Water Pollution Control Utility.
(l) 
Assistant Superintendent, Water Pollution Control Utility.
(m) 
Foreman, Water Pollution Control Utility.
(n) 
Maintenance Supervisor, Water Pollution Control Utility.
(o) 
Superintendent, Roads and Sanitation.
(p) 
Assistant Superintendent, Roads and Sanitation.
(q) 
Foreman, Roads and Sanitation.
(r) 
Municipal Court Administrator.
(s) 
Township Engineer.
(t) 
Assistant Township Engineer.
(u) 
Parks and Recreation Director.
(v) 
Foreman, Recreation — Maintenance.
(w) 
Fire Chief.
(x) 
Deputy Fire Chief.
(y) 
Fire Captain.
(z) 
Building Maintenance Supervisor.
(aa) 
Network Administrator.
(bb) 
Construction Code Official.
(cc) 
Fire Lieutenant.
(dd) 
Assistant Construction Code Official.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
To the extent not otherwise listed above, it is intended that no such managerial and/or confidential personnel shall be entitled to overtime.
The following regulations pertaining to absences and vacations of employees are hereby adopted:
A. 
Absences from duty are classified as "sick leave," "bereavement leave," "disability," "vacation" or "other," including family leave as defined by state and federal law, and are to be so noted on daily time reports. An authorized leave of absence will be reported as sick leave, bereavement leave, disability or other, depending on its nature.
B. 
Each employee shall notify his or her department head of any absence from duty. If not possible to do so in advance of the working day, the report shall be made by telephone or otherwise as early as possible at the start of the normal workday the employee is absent. If impossible to contact the department head, the employee shall notify the office of the Township Administrator.
C. 
Bereavement leave.
(1) 
All full-time employees of the Township shall be granted a bereavement leave up to three days, with pay, upon the death of any member of his family. The term "member of his family" is defined as follows: father or stepfather, mother or stepmother, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, son-in-law, daughter-in-law, spouse, child, foster child, grandmother, grandfather, grandchild, grandmother-in-law and grandfather-in-law.
(2) 
Prior to absence from duty, if possible, or not later than 12:00 noon of the first day of absence, an employee shall make application for bereavement leave to the Township Administrator or department head stating specifically the relationship between the deceased and the employee and the date(s) upon which the absence is requested. However, the last day off shall be the day of the funeral.
(3) 
In addition to the above, a one-day bereavement leave, with pay, is granted to the employee to attend the funeral of an uncle, aunt, nephew, niece or cousin of first degree of the employee or spouse of the employee. Prior approval from the Township Administrator and department head is required for such one-day bereavement leave. If requested, proof must be furnished to the Township Administrator as to the relationship and death of the person involved.
D. 
Leave of absence without pay may be requested by any employee who shall submit, in writing, all facts bearing on the request to his department head, who shall append his recommendation and forward the request to the Township Administrator for recommendation by the Township Committee. Each case will be considered on its merits and without establishing a precedent. Leave of absence without pay may be granted by the Township Committee for a period not exceeding three months, which period may be renewed for a total not exceeding one year, to any employee or officer of the Township:
(1) 
Who is temporarily or physically incapacitated.
(2) 
To attend school or to engage in a course of study designed to increase his usefulness on his or her return to service.
(3) 
In time of emergency or preparation for national defense (e.g., National Guard, Reserves, etc.).
(4) 
For any reason considered good by the Township Committee.
E. 
The reason for each absence listed on the time report as "other" will be noted thereon, with a statement of approval or disapproval by the department head.
F. 
Subject to any legal requirements or limitations, effective with the passage of this article, annual vacations with pay are authorized on the following basis:
(1) 
All vacations of employees other than department heads shall be scheduled by the respective department head on the basis of position and then seniority, giving due consideration to the work interests of the Township then prevailing.
(2) 
All vacations of department heads shall be upon written request to the Township Administrator by the department head. Such written request shall be tendered to the Administrator at least seven days prior to the requested vacation date. The Administrator, in the exercise of reasonable discretion and giving due consideration to the work interests of the department head, shall approve, disapprove or modify the requested vacation start date.
(3) 
All vacation time must be used in the current calendar year and cannot be accumulated, except as hereinafter provided.
(4) 
Unless specifically authorized by the Township Committee on recommendation of the Township Administrator in advance, compensation will not be allowed in lieu of unused vacation. Each and every employee without exception must take the authorized annual vacation period for health, rest, relaxation and pleasure.
(5) 
No person (department head or employee) in the employ of the Township of Morris having an entitlement to more than three weeks' vacation shall be permitted more than three consecutive weeks of such vacation. The Township Administrator may, in the exercise of reasonable discretion and upon good cause shown, permit a person so entitled one additional consecutive week of vacation. In the event that the employee requesting such relief is the Township Administrator, such request shall be made to the Township Committee.
(6) 
In particular cases of hardship and for special reasons, the Township Committee may, upon application made, waive or grant relief from the foregoing provisions.
G. 
In all cases of reported illness or disability, the Township reserves the right to have a physician or visiting nurse designated by the Township Administrator examine and report on the condition of the patient-employee to the Township Committee via the Township Administrator. Additionally, a department head or any other person so authorized may at his/her discretion call upon the employee at his/her residence.
H. 
Sick leave.
(1) 
It is recognized by the Township that employees are subject to illness, injury, accidents and family illnesses. As such, employees are granted a certain number of sick days to utilize in the event of these illnesses. These days or hours are determined and granted by the Township in good faith and as a benefit to the employee.
(2) 
In order for the Township to assure that this benefit is not abused, there will be certain expectations required of the employee. To assure compliance with this section, the Township Administrator, any department head or any supervisor may request that an employee provide a doctor's certificate. The certificate will contain the physician's name and address and a statement that indicates the illness, injury, etc., which prevented the employee from reporting for work.
(3) 
All employees who have reported out sick are to be at their place of residence. Should this not be the case at the time of the reported illness, the employee must notify his or her department head or supervisor of his or her location during his or her absence or illness. Any employee who cannot report for his or her normal work and tour of duty would be assumed to not be able to engage in any other activity which would take him or her from his or her residence, other than to either go for medication or to be examined by his or her physician.
(4) 
The following circumstances may require that the employee provide a doctor's note, and the burden and any expense of acquiring such note shall be the responsibility of the employee:
(a) 
When the absence on account of illness or non-work-related disability does not exceed three consecutive workdays, normally the employee's statement of the cause may be accepted without a supporting statement from the attending physician. (In all cases of absence on account of illness or non-work-related disability, the Township does reserve the right to have any employee examined by a licensed physician or visiting nurse with respect to such illness or non-work-related disability.) In the event that the illness or non-work-related disability exceeds three consecutive workdays, the Township Administrator may have any employee examined by a licensed physician or visiting nurse at any time he elects to do so or, alternatively, may require the employee to produce a supporting statement from the attending physician. In the event that the illness or non-work-related disability shall exceed five consecutive workdays or 10 workdays during the past 12 months, the employee shall provide a supporting statement from the attending physician.
(b) 
Unauthorized use of sick time.
(c) 
Recognizable patterns of sick time abuse.
(d) 
Any other situation where there is an indication that the employee is utilizing sick time for any other purpose than what it was intended for.
I. 
During protracted periods of illness or disability, the Township Administrator may require interim reports on the condition of the employee-patient, at weekly or biweekly periods, from the attending physician and/or a physician designated by the Township. 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 or disability.
J. 
The following regulations shall apply to sick leaves of all full-time municipal employees:
(1) 
"Sick leave" is defined as the absence from duty of an officer or employee because of illness, accident, exposure to contagious diseases and attendance upon members of his or her immediate family because of illness requiring the care and attendance of such officer or employee. A certificate of a reputable physician in attendance upon any officer or employee or members of his or her immediate family may be required as proof of need of a leave of absence. "Immediate family" shall include child, parent or spouse.
(2) 
Sick leave with pay, in addition to the annual vacation, shall be one day's leave for every month of service, and, in addition thereto, on July 1 of each year, three additional days of sick leave shall be granted for a total of 15 days' sick leave per year or as otherwise specifically defined in the various public employees' contracts of the Township of Morris. If any employee requires none or only a portion of his or her allowable sick leave for any calendar year, the amount of such leave not taken shall accumulate to his or her credit from year to year, and he or she shall be entitled to such accumulated sick leave, with pay, as and when needed.
(3) 
Each department head will maintain record cards for each employee upon which he will record the total sick leave. All absences will be maintained upon these cards, and all sick leave earned and consumed or used for each completed continuous service year will be shown on this record. A copy of the employee's record card shall be provided to the Treasurer within 15 days of the end of the calendar year.
(4) 
When an employee has exhausted his/her sick time and calls out sick, this additional time will be charged to any accumulated time available in the following order:
(a) 
Compensatory time.
(b) 
Vacation time.
(5) 
Where employees have left the Township's employ and subsequently were reemployed, the last date of reemployment is to be used as an employee's service date with the Township.
(6) 
Accumulated, unused sick leave is not reimbursed, except to eligible employees of the Township of Morris who retire or resign from the Township's service under honorable conditions after 15 years of service or who die while a Township employee. The rate of reimbursement is 40% of one day's pay, at the current wage rate, for up to a maximum of 250 accumulated sick days. All employees hired after the effective date of this article shall be eligible to receive a maximum benefit of $15,000.
K. 
Whenever any employee of the Township on a full-time basis is disabled through injury or illness as a result of and arising out of his or her employment, as evidenced by a certificate of a reputable physician, he or she shall be granted, in addition to his or her annual sick leave with pay or any accumulations thereof, a leave of absence with pay for a period of 30 days or so much thereof as may be required. If, at the end of such thirty-day period, he or she is unable to return to duty, the Township Administrator may extend such disability leave for an additional like period either with full pay or part pay, as he may determine, but no longer than a total of 12 months with full pay. Certificates of continuing disability shall be filed at the end of each 30 days by a reputable physician.
L. 
Any employee on sick leave with pay and receiving his normal compensation who, in addition, qualifies for payments under workmen's compensation weekly benefits shall, during the period he is receiving such weekly benefits, be entitled only to that portion of his regular salary which, with the workmen's compensation payments, equals his normal salary.
M. 
Nothing contained herein 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 of illness, but these provisions are to be construed and administered in conjunction therewith.
N. 
Any employee who is a member of the National Guard or Naval Militia or of a reserve component of any of the Armed Forces of the United States who is required to undergo annual field training or annual active duty for training shall be granted a leave of absence with pay for the period of such training, not to exceed two weeks. Such leave shall be in addition to his regular vacation leave. The employee shall provide proof of the amount of pay received for said military leave and shall have said amount deducted from his or her normal pay.
O. 
Personal day. Each employee shall be entitled to two workdays of personal leave a year, with pay, unless such employee is covered by one of the public employee contracts with the Township of Morris where, in such case, the terms of the contract shall govern personal days. Request for personal leave shall be made to the department head at least four days in advance, where feasible. Personal leave days may not be accumulated from year to year nor may they be taken in lieu of vacation days.
P. 
Personal leave days may be granted only when to do so would not disrupt the normal operations of the several departments; provided, however, that the Township may not unreasonably withhold its consent to permit the employee to take such personal leave time.
(1) 
Personal leave days may not be used in conjunction with vacation or other leave. Personal leave days shall not be taken on a day immediately prior to or on the day after a vacation day or after a sick day. For purposes of this section, attendance at a required training program shall be considered a workday.
(2) 
A new employee must have a minimum of six months service credit before he/she is eligible for this benefit.
The following regulations shall apply to promotions and transfers of municipal employees:
A. 
Whenever it is practical to do so, promotions shall be made from within the ranks of the Township staff of municipal employees, provided that there are qualified employees available who are capable of performing the required duties in a satisfactory manner.
B. 
Transfers from one position or department to another will usually be made when the same would be advantageous to the Township and/or the employee.
C. 
The value of each employee, both to the Township and to himself, will be greatly increased by self-improvement by on-the-job training as well as by outside study and instruction. It is the policy of the Township to encourage the self-improvement of every employee in order that he may qualify for a better position should one become available.
D. 
Department heads shall be responsible for on-the-job instructions and for providing guidance for the employees of the department.
E. 
Promotions from within the ranks shall be based on merit, character, qualifications and work habits, as determined by an impartial review of all available facts by the Township Administrator and department head.
F. 
Recommendations for promotions or transfers shall be processed by the department head through the Township Administrator for consideration and action of the Township Committee, if required.
G. 
When an employee requests a transfer from one position or department to another, such proposed transfer and request shall be first referred to the department head or department heads associated with the requested transfer, and the recommendation of such department head or department heads shall be forwarded to and considered by the Township Administrator before the transfer of employee is effected.
The following regulations shall apply to disciplinary actions against Township employees in this municipality:
A. 
When a department head believes that an employee is not conforming to the letter or spirit of the Township policies and rules or has committed any one of the following infractions, the department head may first privately discuss the matter with the employee concerned in order to obtain the employee's view and side of the matter. If the incident is not of a type to warrant dismissal, the department head shall, if possible, then obtain assurance that there will not be a repetition of the incident. A note or memorandum of the incident and its disposition shall be placed upon the employee personal history file by the department head.
(1) 
Neglect of duty.
(2) 
Incompetency or inefficiency.
(3) 
Incapacity due to mental or physical disability.
(4) 
Insubordination or serious breach of discipline.
(5) 
Consumption of alcoholic beverages while on duty or reporting for work in unfit conditions.
(6) 
Chronic or excessive absenteeism.
(7) 
Disorderly or immoral conduct.
(8) 
Willful violation of any of the provisions of the rules or regulations or other statutes relating to the employment of public employees.
(9) 
The conviction of any criminal act or offense.
(10) 
Negligence of or willful damage to public property or waste of public supplies.
(11) 
Conduct unbecoming an employee in the public services.
(12) 
The use or attempt to use one's authority or official influence to control or modify the political action of any person in the service or engaging in any form of political activity during working hours.
(13) 
Unauthorized use of municipal vehicle.
(14) 
Other sufficient cause.
B. 
If the matter is a minor infraction of the rules and the department head is satisfied, he may close the incident at this juncture.
C. 
If the department head considers the offense sufficiently serious to warrant its consideration by the Township Administrator, the employee shall be so advised. A meeting of those interested shall be arranged at the earliest possible date. All facts should be presented at this meeting, which should, if possible, be conclusive. A written report of the meeting and of the action taken shall be placed in the employee's personal history file.
D. 
At the request of the employee, the department head or the Township Administrator, the matter shall be referred to the Township Committee for review and/or action.
E. 
Disciplinary actions shall be in the following forms, not necessarily in the order listed:
(1) 
Informal private, verbal reprimand by supervisor or department head.
(2) 
Written memorandum of censure from superior or department head.
(3) 
Letter of admonition from Township Administrator.
(4) 
Suspension from duty without pay.
(5) 
Transfer or demotion of employee.
(6) 
Separation from the Township.
F. 
Suspension from duty of any employee without pay may be ordered by the immediate department head, if such summary action is considered necessary.
G. 
The suspension from duty of any employee must be reported by the person ordering it to the Township Administrator without delay.
H. 
A fair and complete investigation of the case will be promptly made by the department head or Township Administrator to accumulate all facts and to interview all interested persons. A written report of the investigation shall be made, if circumstances warrant.
I. 
The Township Administrator will weigh the facts and recommendations submitted, pursue any further investigation and, at the earliest possible date, render his decision as to whatever disciplinary action is to be considered or taken. After the conclusion of the investigation, the findings and recommendations, supported by all available data, will be referred to the Township Committee.
J. 
All papers in connection with a disciplinary action will be placed in the employee's personal history file.
K. 
An employee may appeal a disciplinary action by means of the procedure set forth for handling grievances and as provided by law.
L. 
Nothing herein contained shall apply to disciplinary actions that are subject to separate contractual agreements between recognized bargaining units and the municipality or where departmental rules and regulations have been adopted by the Township Committee.
A. 
Length of vacation leave.
(1) 
All employees shall be granted the following annual leave for vacation purposes, with pay, in and for each calendar year, except as otherwise herein provided:
Length of Service
Vacation Days
Completion of 6 months but less than 1 year
5
From 1st anniversary to 5th anniversary
10
From 5th anniversary to 12th anniversary
15
From 12th anniversary to 17th anniversary
20
From 17th anniversary to 22nd anniversary
25
After 22nd anniversary
30
(2) 
All employees entering full-time employment with the Township of Morris on and after January 1, 2012, shall be granted the following annual leave for vacation purposes, with pay, in and for each calendar year, except as otherwise herein provided:
[Added 12-14-2011 by Ord. No. 36-11]
Length of Service
Vacation Days
Completion of 6 months but less than 1 year
5
From 1st anniversary to 8th anniversary
10
From 8th anniversary to 16th anniversary
15
From 16th anniversary to 22nd anniversary
20
After the 22nd anniversary
25
B. 
Where in any calendar year the vacation or any part thereof is not granted by reason of the pressure of business, such vacation periods or parts thereof not granted shall accumulate and shall be granted during the next succeeding year only. No annual vacation leave shall be taken without permission of the department head or the Township Administrator. The Township Committee shall be the sole judge as to whether or not the pressure of business warrants deferment of vacation, after recommendation of the Township Administrator and department head.
C. 
A vacation leave which an employee does not take of his or her own volition during any calendar year may be held over and taken prior to June 30 of the following calendar year and, if not so taken, shall expire and shall not accumulate. The scheduling of this vacation must be approved by the department head.
D. 
If any official holiday as listed in Subsection E occurs during an employee's vacation, the employee shall be entitled to an additional day in lieu of the holiday.
E. 
The following 12 days are designated as official holidays. In January of each year, an annual list shall be published indicating the dates that each holiday will be celebrated.
[Amended 11-13-2019 by Ord. No. 27-19]
(1) 
New Year's Day.
(2) 
Martin Luther King Day.
(3) 
Washington's Birthday (President's Day).
(4) 
Good Friday.
(5) 
Memorial Day.
(6) 
Independence Day.
(7) 
Labor Day.
(8) 
Columbus Day.
(9) 
Veterans Day.
(10) 
Thanksgiving Day.
(11) 
Day after Thanksgiving.
(12) 
Christmas Day.
F. 
Effect of retirement, termination or resignation of employment upon vacation. Upon resignation, retirement or termination of employment, an employee will be credited with annual vacation for only those months of the calendar year worked, on a prorated basis of vacation earned on the schedule in Subsection A for each month of actual service. An employee who has, pro rata, used more annual vacation time than entitled to at the time of termination shall have an amount equal to his/her daily rate of pay deducted from his/her final pay for each day of annual vacation taken in excess of the number to which he/she was entitled. An eligible employee will earn vacation during the last month of employment in accordance with the following schedule:
(1) 
Employment ends on the 24th day or later. The employee will earn full month's allowance.
(2) 
Employment ends on the ninth through the 23rd day. The employee will earn 1/2 month's allowance.
G. 
Payment at time of termination. In the event of separation from Township service, the employee will only be eligible for payment for the balance of vacation days accrued during the current and prior year, unless prior written approval to carry over additional time had been approved by the Township Administrator. In the event of the death of an employee, the estate of the deceased will be compensated based on the aforesaid formula.
H. 
Effect of extended absence upon vacation. An employee who, during the calendar year, returns from a continuous period of absence of more than six months due to a disability, leave of absence or layoff shall not be eligible for a vacation in that year until he/she has completed six months in the performance of duty after returning from such absence. These six months need not be continuous, but any period of absence of eight days or more shall not be credited in computing the required six months. Vacation is not earned during periods of leave of absence without pay.
The following regulations relative to administration procedures and records are hereby adopted:
A. 
Each full-time employee shall receive a copy of the personnel policies and practices of the Township of Morris, which shall be studied and retained for future reference. After a careful study of the policies, practices and rules set forth therein and in this article, the employee is required to sign the statement signifying that he received a copy of this article and agrees to conform. The signed statement shall be returned to the office of the Township Administrator to be placed in the employee's personal history file.
B. 
The Township Committee reserves the right, by resolution, to add, change, interpret or eliminate personnel policies, practices and rules whenever it appears to be in the best interest of the Township to do so, but only in exceptional instances and not as general practice.
C. 
Copies of changes, additions or deletions made by the Township Committee shall be issued to each employee for retention with his copy of the personnel policies and practices of the Township of Morris.
D. 
A personal history file shall be established and maintained for each employee of the Township of Morris by the Township Administrator.
E. 
Personal history files are confidential records and shall be maintained in the office of the Township Administrator in a locked file. The files shall be in two groups: "active," representing employees on the payroll, and "closed," for employees no longer in the service of the Township.
F. 
Only the members of the Township Committee and the Township Administrator shall have access to any or all of the personal history files. The department heads shall examine the files of departmental personnel only for official purposes. Any employee may, at reasonable times, in the office of the Township Administrator, examine his own personal history file (except employment references).
G. 
All personal history files will be carefully maintained and safeguarded permanently. Nothing placed in any file shall be removed therefrom.
H. 
When, in the opinion of the Township Administrator, derogatory material is placed in an employee's personal history file, the employee shall be notified, in writing, of the action.
A. 
The term "outside employment" refers to any form of service provided by an employee of this Township where that individual is paid or compensated by a company, firm or individual where such conditions of employment have not been contracted through the Township of Morris. This shall include self-employment.
B. 
All employees of the Township must notify their department head or, in the case of a department head, the Township Administrator of their outside employment. Such notice should state the following:
(1) 
Name of the employer.
(2) 
Nature of business which the employer is engaged in.
(3) 
The type or nature of work to be performed by the employee.
(4) 
Total number of hours that the employee intends to work while engaged in the outside employment.
C. 
Any outside employment shall not interfere with the performance of the employee's duties and responsibilities as it relates to his/her employment in the Township of Morris. Further, an employee who is engaged in outside employment may not carry out any aspect of that job during the employee's work hours with the Township.
D. 
The employee may be prohibited from engaging in outside employment if it causes the employee to be unavailable during emergencies or if said employment is physically or emotionally exhaustive to the point that it may affect the performance of the employee in the performance of his/her duties or if it requires special consideration be given to the scheduling of the employee's regular or overtime hours of work or if said outside employment causes any actual or potential conflict of interest or the appearance thereof.
The following grievance procedures relating to employees are hereby adopted:
A. 
There is hereby created the office of Americans with Disabilities Act Coordinator, who shall be the Township Administrator.
B. 
There is further created a Compliance Committee, pursuant to the Americans with Disabilities Act, which Committee shall consist of five members composed of representatives from elected officials, the disabled community, business or nonprofit sectors, education and the health/medical profession. The Committee shall be appointed annually by the Township Committee.
C. 
All complaints regarding access or alleged discrimination shall be submitted, in writing, to the Americans with Disabilities Act Coordinator (the Township Administrator). A record of the complaint and action taken shall be maintained. A decision by the Township Administrator shall be rendered within 15 working days.
D. 
If the complaint cannot be resolved to the satisfaction of the complainant by the Township Administrator, it shall be forwarded to the Americans With Disabilities Compliance Committee.
E. 
The Committee shall establish procedures for hearing complaints, requests or suggestions from disabled persons regarding access to and participation in public facilities, services, activities and functions in the community. The Committee shall hear all such complaints in public, after adequate public notice is given. The Committee shall issue a written decision within 30 days of notification. All proceedings of the Committee shall be recorded and maintained.
F. 
The complainant shall have the right to appeal the Americans With Disabilities (ADA) Compliance Committee's decision within 30 days by filing a notice of appeal with the Township Committee. Such appeal shall be heard by the Township Committee at an open, public meeting of the governing body. A determination by the Township Committee shall be made within 30 days of the hearing. The decision of the Township Committee shall be final.
G. 
A record of action taken on each request or complaint shall be maintained as a part of the records or minutes at each level of the grievance process.
H. 
The complainant's right to a prompt and equitable resolution of the complaint shall not be impaired by his or her pursuit of other remedies available. The use of this grievance procedure is not a prerequisite to the pursuit of other remedies by the complainant.
It is the policy of this Township to encourage Township employees to perform all duties and responsibilities of citizenship. Accordingly, if any municipal employee is legally selected for jury duty, every effort shall be made to enable such employee to serve as a juror. The department heads shall use every reasonable endeavor to aid said employee in performing jury duty. Each employee shall be paid for time served as a juror. The department heads shall use every reasonable endeavor to aid said employee in performing jury duty. Each employee shall be paid for time served as a juror in such amount as will compensate the employee for any loss sustained, i.e., that amount which is the difference between the amount of employee's salary and juror's compensation.
This article is intended to be general in character and cover all employees and departments of the Township where there is not now or there is not hereafter adopted a specific ordinance, separate contractual agreements or rules and regulations adopted by the Township Committee covering the same subject matter. Where there is a specific ordinance or statute, separate contractual agreements or rules and regulations adopted by the Township Committee covering a particular employee or department, the same shall be controlling.