Township of Galloway, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Galloway as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Administrative Code — See Ch. 5.
Defense and indemnification of officers and employees — See Ch. 27.
Equal opportunity — See Ch. 37.
Code of Ethics — See Ch. 41.
Officers and employees — See Ch. 67.
[Adopted 11-17-1980 by Ord. No. 643[1]]
[1]
Editor's Note: This ordinance became effective on 1-1-1981.
The following personnel policies and conditions of employment shall apply to all Galloway Township employees not covered by a collective bargaining agreement.
The regularly scheduled workweek shall consist of 35 hours for white collar employees and 40 hours for blue collar employees.
[Amended 2-9-2010 by Ord. No. 1805; 7-23-2013 by Ord. No. 1875]
A white-collar employee who works a scheduled 35 hours per week will be classified as a full-time employee. A blue-collar employee who works a scheduled 40 hours per week will be classified as a full-time employee.
[Amended 12-15-1980 by Ord. No. 649]
Salaries shall be as set forth in the Galloway Township Salary Survey of 1979 by Larson, Rapking-Allen, Inc., or as amended by the Township Council upon recommendation by the Township Manager. All employees will be evaluated annually on his/her performance in his/her job classification. Any employee judged to be performing in an outstanding manner, which shall be defined as receiving no grade less than a four on the Galloway Township Personnel Rating Sheet, may be granted annually a 1/2 step increment upon recommendation by the department head to the Township Manager. Any employees evaluated as performing unsatisfactorily may, upon recommendation by the department head, be denied a salary increment in any given year.
[1]
Editor's Note: The current Salary Ordinance is on file in the office of the Township Clerk.
A. 
All employees, other than department or office heads, are entitled to overtime compensation within budget limitations and as approved by the Township Manager.
B. 
For those employees working a thirty-five-hour week, overtime shall be calculated and paid at time and a half after seven hours in any one day and for unscheduled work over and above the normal workweek.
C. 
For those employees working a forty-hour week, overtime shall be calculated and paid at time and a half after eight hours in any one day and for unscheduled work over and above the normal workweek. In addition, employees directed to work for the department head, with the approval of the Township Manager, on a scheduled holiday shall receive holiday pay at straight time rates, plus time and a half for each hour worked on the holiday.
[Amended 6-24-1986 by Ord. No. 834]
D. 
Vacation, sick and bereavement days shall be counted as time worked in calculating overtime compensation, subject to the recommendation of the department head and the discretion of the Township Manager.
[Amended 12-15-1980 by Ord. No. 649]
E. 
Compensatory time off for all employees, including department and/or office heads, may be given at 1 1/2 hours for each hour worked as overtime, at the discretion of the Township Manager, upon recommendation of the department head. Said compensatory time off should not exceed 35 hours for white-collar employees and 40 hours for blue-collar employees, nor be carried into another year, unless recommended by the department head and authorized by the Township Manager.
[Amended 12-15-1980 by Ord. No. 649]
[Amended 5-18-1982 by Ord. No. 694]
As of the effective date of this section, longevity pay shall no longer be a manner of payment to which the employees of the Township of Galloway shall be entitled. Any longevity pay increases earned by any employee and which are being received by any employee as of the effective date of this amended section shall be continued and shall be considered as additional base salary. No further longevity pay shall be payable to any such employee or any other employee of the Township as of the effective date of this amended section.
A. 
The Township shall pay health insurance premium costs for all full-time employees, in accordance with state statute and collective bargaining units.
[Amended 2-9-2010 by Ord. No. 1805; 7-23-2013 by Ord. No. 1875]
B. 
Those employees covered by a health maintenance organization (HMO) shall pay the difference between premiums.
C. 
The Township Council may provide for additional insurance coverages as may be budgeted.
D. 
As of the effective date of this subsection, no member of Township Council shall receive health care coverage or payment-in-lieu stipend provided by the Township.
[Added 1-26-2010 by Ord. No. 1796]
A. 
Sick leave (full-time employees only).
(1) 
Employees shall be granted sick leave with pay, calculated at one working day for every month of service during the first calendar year of employment and 1 1/4 working days for every month of service in every calendar year thereafter.
(2) 
Sick leave not used during any calendar year shall accumulate to an employee's credit from year to year, and an employee shall be entitled to utilize any or all accumulated leave if and when needed.
(3) 
Reimbursement for days not used.
[Amended 12-15-1980 by Ord. No. 649; 12-10-1991 by Ord. No. 1068]
(a) 
An employee who retires under the service retirement (members of the pension system who are age 60 or older with no minimum number of years of service credit) or early retirement (members of the pension system before age 60 who have 25 years or more of service credit) provision of the Public Employees Retirement System (PERS) shall be entitled to 100% reimbursement for all sick days accumulated through December 31, 1991. The rate of pay for this reimbursement shall be computed at the employee's daily rate of pay at the time of retirement and shall be paid in the month of January following retirement.
(b) 
With respect to all sick days accumulated after December 31, 1991, an employee who retires under the service retirement or early retirement provisions of PERS shall be entitled to 50% reimbursement for said days not to exceed $10,000. The rate of pay for this reimbursement shall be computed at the employee's daily rate of pay as of the date of retirement and shall be paid in the month of January following retirement.
(c) 
Any employee on the Township payroll as of May 1, 1991, and thereafter, who has been employed by the Township for 10 continuous years or more and who resigns or who takes a deferred retirement (member of the pension system having terminated covered employment with 10 or more years of service credit) under the provisions of PERS shall be entitled to 50% reimbursement, not to exceed $10,000 for all accumulated sick days. The rate of pay for this reimbursement shall be computed at the employee's daily rate of pay at the time of resignation or deferred retirement and shall be paid in the next payroll period following resignation or deferred retirement.
(d) 
In the event of death of an employee, in the line of duty, before retirement, the designated beneficiary shall be entitled to an amount equal to 1/2 of the sick time accumulated by the employee as of the date of death. The method of payment shall be determined by the Township Treasurer. "Line of duty" shall be defined as normal working hours, including overtime.
(4) 
Employees shall call in within one hour of starting time each day if unable to work due to his/her illness. Employees who do not call in will not be paid, and lack of notification within five working days will be considered as termination of employment. Employees are required to call in every three days when out on extended sick leave, unless it is known exactly how many sick days will be required for illness.
(5) 
Employees absent for three or more consecutive days or as determined by the department head may be required to produce a physician's certificate as proof of illness or injury, or such absence shall be considered to be unexcused.
B. 
Jury duty. All employees shall be granted a leave of absence for jury duty. Employees selected for jury duty will be paid their normal rate of pay while on jury duty; provided, however, that they report for work if excused by 12:00 noon or before and they turn over to the Treasurer all compensation received for jury duty, less out-of-pocket receipted expenses.
C. 
Bereavement.
[Amended 12-15-1980 by Ord. No. 649; 4-6-1981 by Ord. No. 661; 11-25-2003 by Ord. No. 1551]
(1) 
In case of death in the immediate family of an employee, the employee will be given up to five working days leave of absence with pay. Immediate family shall include spouse and children, mother or father, father-in-law, mother-in-law, grandparent, sister or brother, grandchildren, daughter-in-law and son-in-law of employee.
(2) 
In case of a death in the family of an employee, the employee will be given up to three working days leave of absence with pay. Family shall include aunt and uncle.
(3) 
Upon recommendation of the department head, and approval by the Township Manager, additional time shall be granted where circumstances justify such an extension; however, the extended time will utilize sick, personal or vacation time of that individual.
D. 
Military service. Any employee who is a member of a National Guard or any other reserve force of the State of New Jersey or of the United States and who is ordered by the appropriate authorities to active duty shall be granted a leave of absence for a period not to exceed two weeks. The employee shall be compensated at full pay for the period not to exceed two weeks. In the event of conflict, said conflict shall be referred to New Jersey statutes.
[Added 9-22-2015 by Ord. No. 1918-2015]
A. 
Employee eligibility. The Galloway Township employee shall be eligible to receive donated sick leave if the employee:
(1) 
Is a full-time Galloway Township employee and has completed at least one year of continuous service to the Township of Galloway; and
(2) 
Has exhausted all accrued sick, vacation and personal leave; all sick leave injury benefits; and compensatory time and flex time where applicable; and
(3) 
Has not, in the two-year period immediately preceding the employee's need for donated leave, been disciplined for chronic or excessive absenteeism, chronic or excessive lateness or abuse of leave; and
(4) 
Either:
(a) 
Suffers from a catastrophic health condition or injury requiring absence from work for 60 days or longer; or
(b) 
Is needed to provide care to a member of the employee's immediate family, as defined as "immediate family" under the FMLA (spouse, domestic partner, son, daughter, legal ward or parent), who is suffering from a catastrophic health condition or injury; or
(c) 
Requires absence from work due to the donation of an organ (which shall include, for example, the donation of bone marrow).
(5) 
For the purposes of the Galloway Township Donated Leave Program, a "catastrophic health condition or injury" shall be defined as:
(a) 
With respect to an employee, a "catastrophic health condition or injury" is either:
[1] 
A life-threatening condition or combination of conditions; or
[2] 
A period of disability required by his or her mental or physical health or the health of an employee's fetus which requires the care of a physician who provides a medical verification of the need for the employee's absence from work for 60 or more workdays.
(b) 
With respect to an employee's immediate family member, a "catastrophic health condition or injury" is either:
[1] 
A life-threatening condition or combination of conditions; or
[2] 
A period of disability required by his or her mental or physical health which requires the care of a physician who provides a medical verification of the need for the immediate family member's care by the employee for 60 or more workdays.
B. 
Required approval.
(1) 
The employee may request his/her department head approve his or her participation in the program, as a leave recipient or as a leave donor. The department head shall submit the application to the Township Manager for final approval. (Department heads shall make application directly to the Township Manager.)
(2) 
Leave recipient.
(a) 
The leave recipient, upon application to the program, shall submit medical verification from a physician indicating the nature, severity and anticipated duration of the catastrophic health condition or injury, or the donation of an organ, as the case may be. A certification shall also be provided that the recipient has neither threatened nor coerced, nor solicited nor offered anything of value, for the purpose of obtaining a donation of leave.
(b) 
Upon approval of the Township Manager, the Manager shall, with the leave recipient's consent, post or circulate the employee's name along with those of other eligible employees in a conspicuous manner to encourage the donation of leave time, and shall provide notice to all negotiations representatives in the Township. If the employee is unable to consent, based on the underlying condition, to the posting or circulation, the employee's family may consent on his or her behalf.
(c) 
A leave recipient must receive at least five sick days from one or more leave donors to participate in the leave donation program.
(d) 
A leave recipient shall neither receive nor use more than 180 sick days and shall not receive any such days on a retroactive basis.
(e) 
The leave recipient shall not be compensated or be granted supplemental compensation for any donated leave time, whether upon retirement or "buy back" leave time at the end of the calendar year.
(f) 
An employee receiving donated leave shall not receive temporary disability benefits for the same time period he/she is paid wages from donated sick leave.
(g) 
Sick and vacation time will not continue to accrue for the recipient while participating in the program.
(3) 
Leave donor.
(a) 
A leave donor shall donate only whole sick days and may not donate more than 10 such days to any one recipient. Ten days of donation to any one recipient is a lifetime maximum.
(b) 
A leave donor shall have remaining at least 20 days of accrued sick leave after the donation is calculated.
(c) 
A leave donor shall not revoke the leave donation. If there is, however, any unused donated time for the recipient, the leave time shall be returned to the donors on a prorated basis in whole days. The return of donated time is triggered upon the recipient employee's full-time return to work or separation from the Township. Any portion that would amount to less than one day shall not be returned and shall be forfeited.
(d) 
The donor's leave time will be reduced permanently by the number of days that are to be donated.
(e) 
The donor may not solicit or accept any money, gift, credit, gratuity, a promise of future compensation, thing of value or compensation of any kind in exchange for the donation.
C. 
Voluntary donations. Township employees shall be prohibited from intimidating, threatening or coercing or attempting to threaten or coerce another employee for the purpose of interfering with the rights involving donating, receiving or using donated sick time. Such prohibited acts shall include, but are not limited to, promising or conferring a benefit such as an appointment or promotion or making a threat to engage in, or engaging in, an act of retaliation against an employee.
D. 
Administration.
(1) 
Donated days are paid to the recipient at the recipient's rate of pay. One day equals one day.
(2) 
The use of donated time shall not affect the running of any applicable FMLA leave.
(3) 
No issue or dispute arising out of the administration of this program will be either grievable or arbitrable.
(4) 
The Township Manager's Office/Personnel Office shall retain all records concerning the donated leave program.
(5) 
The Township Manager may suspend or terminate the donated leave program at any time upon 30 days' written notice to Council, department heads, collective bargaining unit representatives and all employees.
A. 
The following are recognized as holidays:
(1) 
New Year's Day.
(2) 
President's Monday.
(3) 
Good Friday.
(4) 
Memorial Day.
(5) 
Fourth of July.
(6) 
Labor Day.
(7) 
Columbus Day.
(8) 
Martin Luther King, Jr.
[Added 4-14-1987 by Ord. No. 860[1]]
[1]
Editor's Note: This ordinance also provided for the repeal of former Subsection A(8), General Election Day.
(9) 
Veterans Day.
(10) 
Thanksgiving Day.
(11) 
Thanksgiving Friday.
(12) 
Christmas.
B. 
If one of the above holidays falls on Saturday, it shall be celebrated on the previous Friday; if it falls on a Sunday, it shall be celebrated on the following Monday.
C. 
Permanent full-time employees shall be granted three personal days annually. Personal days shall not be used to extend a holiday or vacation time or be carried over from year to year. Personal days must be approved by the department head 48 hours in advance.
[Amended 6-10-2008 by Ord. No. 1759]
D. 
Other holidays may be granted by the Township Council.
[Amended 12-10-1991 by Ord. No. 1068]
A. 
Employees shall be entitled to the following annual vacation days with pay. During the probation period of six months, employees shall not take vacation days.
Employment
(years)
Number of Vacation Days
1
1 per month up to 10
2 through 5
11
6 through 10
13
11 through 19
18
20 and over
[Amended 11-25-2003 by Ord. No. 1551]
22
B. 
All vacation days accumulated through and including December 31, 1991, shall continue to be credited to all employees.
C. 
All vacation time earned on or after January 1, 1992, may be carried over for one year only. All vacation days carried over from the previous year not used in the succeeding year shall be lost unless extended by the Township Manager with the recommendation from the department head.
D. 
An employee who retires or resigns shall be entitled to reimbursement for all accumulated vacation time as defined above, computed at the employee's daily rate of pay at the time of retirement or resignation and shall be paid in the next payroll period following retirement or resignation.
E. 
Department heads.
[Added 11-28-1995 by Ord. No. 1226]
(1) 
For purposes of this section, the term "department heads" shall include the Township Manager, Director of Public Works, Chief of Police, Chief Financial Officer, the Township Clerk, the Construction Official, the Director of Community Services and the Court Administrator.
[Amended 11-25-2003 by Ord. No. 1551; 6-10-2008 by Ord. No. 1759; 6-9-2010 by Ord. No. 1814; 12-13-2016 by Ord. No. 1951-2016]
(2) 
Employment
(years)
Number of Vacation Days
1
1 per month not to exceed 12 per year
2 through 20
20 per year
20 and over
25 per year
(3) 
The provisions of § 73-10B, C and D shall apply with respect to the disposition and usage of the vacation days.
F. 
The following positions shall be permitted to buy back up to 10 unused vacation days each year with the approval of the Township Manager: Chief Financial Officer, Director of Public Works, Chief of Police, Police Captain, Township Clerk, the Construction Official, the Director of Community Services and the Court Administrator.
[Added 11-25-2003 by Ord. No. 1551; amended 12-13-2016 by Ord. No. 1951-2016]
G. 
The Township Manager shall be permitted to buy back up to 10 unused vacation days each year with the approval of the governing body.
[Added 6-9-2010 by Ord. No. 1814]
A. 
Employees using their private vehicles for official business shall be reimbursed at the amount per mile permitted by the Internal Revenue Service as an allowable deduction.
[Amended 12-26-1989 by Ord. No. 985]
B. 
Employees shall be reimbursed the full cost of scheduled breakfast, luncheon or dinner meetings during the course of official business or meetings of professional associations in which the employee is a member.
C. 
Employees working emergency duty shall be provided meals when emergency duty is incurred outside normal working hours.
D. 
Employees attending overnight conferences in which room and meals are not included in the registration fee shall be reimbursed reasonable room costs as determined by the Township Manager and shall be reimbursed for meals up to $3 for breakfast, $5 for lunch and $15 for dinner.
E. 
The employee shall also be reimbursed for reasonable transportation and parking costs as determined by the Township Manager.
F. 
All employees attending conferences shall give a written report to the Township Manager and Council within five working days.[1]
[1]
Editor’s Note: Former Subsection G, which stated that members of the Planning Board, Zoning Board of Adjustment and Environmental Commission would be granted expenses of $10 per meeting, as amended, and which immediately followed this subsection, was repealed 11-23-2010 by Ord. No. 1830.
[Amended 12-15-1980 by Ord. No. 649; 4-24-1990 by Ord. No. 994]
The Township Manager or his designee shall hereafter and from time-to-time as may be necessary promulgate and thereafter amend such Disciplinary and Grievance Procedures as is deemed necessary and proper to ensure the equal treatment of the Galloway Township noncontract.[1]
[1]
Editor's Note: A copy of the "Disciplinary and Grievance Procedures" can be found on file in the office of the Township Manager.
[Adopted 1-26-2010 by Ord. No. 1798]
A. 
No official, employee, appointee or volunteer of the municipality, by whatever title known, or any entity that is in any way a part of the municipality shall engage, either directly or indirectly, in any act including the failure to act that constitutes discrimination, harassment or a violation of any person's constitutional rights while such official, employee, appointee, volunteer, or entity is engaged in or acting on behalf of the municipality's business or using the facilities or property of the municipality.
B. 
The prohibitions and requirements of this article shall extend to any person or entity, including but not limited to any volunteer organization or interlocal organization, whether structured as a governmental entity or a private entity that receives authorization or support in any way from the municipality to provide services that otherwise could be performed by the municipality.
C. 
"Discrimination," "harassment" and "civil rights" shall be defined for purposes of this article using the latest definitions contained in the applicable federal and state laws concerning discrimination, harassment and civil rights.
D. 
The Township Manager shall establish written procedures for any person to report alleged discrimination, harassment and violations of civil rights prohibited by this article. Such procedures shall include alternate ways to report a complaint so that the person making the complaint need not communicate with the alleged violator in the event the alleged violator would be the normal contact for such complaints.
E. 
No person shall retaliate against any person who reports any alleged discrimination, harassment or violation of civil rights; provided, however, that any person who reports alleged violations in bad faith shall be subject to appropriate discipline.
F. 
The Township Manager shall establish written procedures that require all officials, employees, appointees and volunteers of the municipality as well as all other entities subject to this article to periodically complete training concerning their duties, responsibilities and rights pursuant to this article.
G. 
The Township Manager shall establish a system to monitor compliance and shall report at least annually to the governing body the results of the monitoring.
H. 
At least annually, the Township Manager shall cause a summary of this article and the procedures established pursuant to this article to be communicated within the municipality. This communication shall include a statement from the governing body expressing its unequivocal commitment to enforce this article. This summary shall also be posted on the municipality's website.