Township of Buena Vista, NJ Personnel Policies

FULL-TIME TEMPORARY EMPLOYEES

Editor's Note: Former § 36-2, Probationary employment, as amended, was repealed 12-12-2016 by Ord. No. 36-2016.

§ 36-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:

EXEMPT EMPLOYEES

Employees who are in a managerial and supervisory role because of the type of duties performed and the usual level of decision-making authority they perform; works beyond the forty-hour week until their work is done.

[Added 12-12-2016 by Ord. No. 36-2016]

FULL-TIME EMPLOYEES

All Township employees who are employed 12 months a year and receive an annual salary set by ordinance and whose jobs are covered by a salary scale and job description and which have specific basic work weeks and required hours as set by the Township Committee. "Full-time employees" shall not include employees paid at an hourly rate nor employees who receive an annual salary set by ordinance but do not work full-time nor have specific basic work weeks or hours set by the Township Committee.

Those employees who are employed full-time on a temporary basis as determined by the Township Committee and paid on an hourly basis. Temporary employees shall work at the position designated by the Township Committee and work the required hours as set by the Township Committee. Temporary employees shall not be paid for holidays nor shall they receive benefits such as sick leave, vacation leave, health insurance benefits, eye, dental or prescription insurance benefits.

[Added 12-12-2016 by Ord. No. 36-2016]

NONEXEMPT EMPLOYEES

Employees whose jobs are governed by the FLSA, are hourly employees entitled to overtime pay, and also depends on how much they are paid, how they are paid, and what kind of work they do (hourly employees, nonmanagerial). Employers must pay them 1 1/2 times their regular rate of pay when they work more than 40 hours in a week; they are normally required to account for hours and fractional hours worked.

[Added 12-12-2016 by Ord. No. 36-2016]

PART-TIME HOURLY EMPLOYEES

Those employees paid on an hourly basis and who work less than 28 hours a week. Salary rates for hourly part-time employees shall be set by ordinance. Hourly employees shall not be paid for holidays, nor shall they receive benefits such as paid sick leave, vacation leave, health benefits insurance, eye/dental/prescription insurance benefits.

[Amended 12-12-2016 by Ord. No. 36-2016]

PART-TIME SALARIED EMPLOYEES

Those employees who receive an annual salary set by ordinance and work 12 months per year, i.e., Recreation Director, Plumbing Subcode Official, Fire Subcode Official, Fire Marshal, Registrar, Deputy Registrar, Board/Commission Secretaries, Municipal Court Judge, Prosecutor, and such part-time salaried positions as may be created and determined in the future. An average number of hours to be worked by part-time salaried employees may be set by the Township Committee. Part-time salaried employees shall not accumulate sick leave, vacation leave, nor receive benefits provided for full-time employees.

§ 36-4 Vacations.

[Amended 12-28-2015 by Ord. No. 15-2015; 7-25-2022 by Ord. No. 118-2022]

All full-time employees shall accrue vacation in accordance with the following schedule effective January 1, 2022:

Length of Service	Number of Days of Vacation
1 to 12 months	1 per month up to 12
2 to 4 years	15
5 to 9 years	18
10 to 14 years	21
15 years and beyond	24

All full-time employees shall earn one vacation day for each full calendar month set to accrue in their first calendar year of service until the close of that calendar year December 31.

Vacation days shall be taken in increments of 1/2 a working day per incident.

Vacation days shall be accrued during an employee's probationary period. An employee shall not be permitted to utilize a vacation day until such time the employee is no longer on a probationary period.

All other provisions for vacations are outlined in the Township's Personnel Policy and can only be amended by the Township Committee.

§ 36-5 Holidays.

[Amended 12-12-2016 by Ord. No. 36-2016]

Full-time employees shall have the following holidays with pay:

January 1, known as "New Year's Day"

Martin Luther King Jr. Day

The third Monday in February, known as "Presidents' Day"

The day known as "Good Friday"

The last Monday in May, known as "Memorial Day"

July 4, known as "Independence Day"

The first Monday in September, known as "Labor Day"

The second Monday in October, known as "Columbus Day"

November 11, known as "Veterans Day"

Thanksgiving Day

Thanksgiving Friday

December 25, known as "Christmas Day"

In the event that any of the above holidays shall occur on a Saturday or Sunday, all full-time employees whose normal work week does not include Saturday or Sunday as a regular work day shall receive the preceding Friday or following Monday as a compensatory day in lieu of the holiday. Holidays occurring during a full-time employee's vacation shall be charged as holidays and not as vacation time.

§ 36-6 Personal days.

Full-time permanent and probationary employees shall receive two personal days with pay per calendar year. New full-time employees shall receive personal days prorated from their anniversary date.

Personal days must be taken during the calendar year in which they are granted. Unused personal days shall be forfeited at the end of each calendar year without compensation.

Requests for a personal day should be made in writing to the department head at least 24 hours prior to the date requested.

A personal day may be denied by the department head in the event that the best interest of the Township would be adversely affected by the granting of the request. Said personal day so denied shall be rescheduled within a reasonable period of time.

A personal day must be taken in increments of at least 1/2 day per incident.

Personal days will not be received in the event of a workers' compensation, medical disability leave or voluntary leave of absence.

[Added 12-12-2016 by Ord. No. 36-2016]

Personal leave time may be taken in conjunction with other types of paid leave.

[Added 12-12-2016 by Ord. No. 36-2016]

§ 36-7 Sick leave; other leave of absence.

[Amended 12-28-2015 by Ord. No. 15-2015; 12-12-2016 by Ord. No. 36-2016]

Sick leave.

[Amended 12-17-2018 by Ord. No. 66-2018; 7-25-2022 by Ord. No. 118-2022]

All full-time employees hired shall be entitled to sick leave with pay as follows: 1 1/4 days per month worked effective January 1, 2022.

Sickness occurring during a scheduled vacation period shall not be counted as vacation time, provided that the employee provides certification of such illness from a physician.

Sick leave may be accumulated from year to year up to 36 days. Payment for unused sick leave in excess of 36 days at the end of any calendar year will be reimbursed at a rate of 1/3 per day.

Sick leave may not be used in advance of its accrual and may be used by the employee only for illness or injury or other reasons set forth as defined by state law.

An employee must notify his supervisor at least 1/2 hour prior to the start of the workday that he or she intends to utilize as a sick day.

All other provisions for sick leave are outlined in the Township's Personnel Policy and can only be amended by the Township Committee.

Excessive use of sick leave.

The Township of Buena Vista may require proof of illness from an employee on sick leave. Abuse of sick leave may be cause for disciplinary action.

An employee who shall be absent on sick leave for more than three consecutive working days will be required to submit a physician's certificate to Administration providing acceptable medical evidence to substantiate the illness.

The Township of Buena Vista reserves the right to refer an employee to a designated physician to establish and/or certify an employee's illness which causes him/her to be frequently absent from work, or in general, to determine an employee's fitness for work.

Documented time out for a work-related injury shall not be included in determining excessive use of sick leave.

Any employee who abuses sick leave is subject to disciplinary action.

Vacation and sick leave liability.

An employee is liable for vacation and sick leave days taken in excess of his or her entitlement.

An employee who leaves the service of the Township of Buena Vista or goes on leave of absence without pay before the end of the calendar year shall have his or her leave prorated according to time earned.

An employee shall reimburse the Township of Buena Vista for paid vacation or sick leave days used in excess of his or her prorated and accumulated entitlement.

An employee who returns from a leave of absence shall not be credited with paid vacation or sick leave until the amount of leave used in excess of the prorated entitlement has been reimbursed.

When an employee is transferred in Buena Vista Township, the record of the employee's unused vacation, compensatory and sick leave shall be provided to the new department head.

Donation of sick leave.

Sick leave donation is a voluntary, confidential program that permits staff members to donate fully paid sick days to coworkers in need who cannot return to work because of a serious (or catastrophic) personal health condition, as defined under the Family and Medical Leave Act (FMLA).

Voluntary sick leave donations from other employees may be used to provide paid sick leave for a maximum of 30 working days in a twelve-month period. The twelve-month period will commence on the day an employee first utilizes the leave donation.

Donated days will he credited to eligible employee's sick time bank. Employees who have exhausted all of their available sick days are encouraged to contact the Department of Administration to discuss their eligibility.

To be eligible to donate sick days, employee(s) must have accumulated at least 10 sick days. The number of donated days shall not exceed five sick days in a calendar year.

To be eligible to receive donated sick days, an employee must:

Have been employed in benefit eligible status for a minimum of one year.

Have exhausted all of his/her own sick days and have exhausted his/her vacation, personal, sick leave accrues;

Require a continued absence due to his/her own serious health condition (as defined under the FMLA);

(d)

Provide medical documentation (as required under the FMLA);

(e)

May be required to receive a second or third opinion by a Buena Vista Township Physician; and

(f)

Not have been counseled for abuse of the sick leave policy.

Any unused donated leave shall be returned to the leave donor(s) on a prorated basis upon the leave recipient's return to work, except that if the proration of leave days results in less than one day per donor to be returned, that leave time shall not be returned.

Upon retirement, the leave recipient shall not be granted supplemental compensation on retirement for any unused sick days which he or she had received through the leave donation program.

When necessary, the Department of Administration shall post a request for sick leave donation to all employees.

The circumstances leading to a need for donated sick leave shall be treated as confidential.

Employees who wish to donate sick days shall complete a sick leave donation form and submit it to the Department of Administration. Sick time may only be donated in full-day increments.

Administration will verify the eligibility of both the donor and the recipient.

Administration will notify Payroll to transfer the approved sick days from the donor to the recipient.

Administration will notify the receiving employee of the number of sick days transferred to his/her sick leave account.

(11)

Participation in this plan shall terminate if any of the following occurs:

The recipient is medically released to return to work;

The recipient's employment is terminated; or

The recipient fails to provide medical documentation as requested under the FMLA.

(12)

When an employee exhausts his/her sick leave, donated sick leave, and vacation and personal accruals, he/she may be eligible for New Jersey Family Leave Insurance ("NJFLI"). Contact the Benefits Coordinator for detailed information.

(13)

Employees on maternity leave are not eligible for donated sick leave days.

Military leave.

An employee shall notify the Township of Buena Vista as soon as the employee is aware of the need to take military leave.

When a full-time employee (either permanent or temporary) who is a member of the reserve component of the United States Armed Forces or the National Guard of any state, including the Naval Militia and Air National Guard is required to engage in field training or is called for active duty, the employee will he granted a military leave of absence for the duration of the service. The first 30 workdays of the leave shall be with full pay except that a member of the New Jersey National Guard shall receive full pay for the first 90 days. Thereafter, the leave shall be without pay but without loss of time. The paid leave will not be counted against any available time off, including but not limited to vacation, sick or personal time. A full-time temporary employee who has served less than one year shall not be entitled to paid leave but shall be granted nonpaid military leave without loss of time.

[Amended 11-20-2017 by Ord. No. 50-2017]

Employees on military service will also continue to receive paid health insurance coverage during the period of the paid leave plus an additional 30 calendar days after the paid leave is exhausted. After this period has expired, employees may continue coverage for themselves or their dependents under the Township group plan by taking advantage of the COBRA provision. Members of the state-administered retirement systems (PERS and PFRS) will continue accruing service and salary credit in the system during the period of paid leave.

Pursuant to the Uniformed Services Employment and Reemployment Rights Act ("USERA"),[1] any employee released from active duty under honorable circumstances shall return to work without loss of privileges or seniority within the following time limits: for service less than 31 calendar days, the employee must return to work on the beginning of the first regularly scheduled workday or eight hours after the end of military duty, with reasonable allowances for commuting; for service of 31 to 180 calendar days, the employee must submit an application for reinstatement within 14 calendar days after completing military duty, for service greater than 180 calendar days, the employee must submit an application for reinstatement with 90 calendar days after completing military duty.

Editor's Note: See 38 U.S.C. § 101.

Civil leave; court duty.

Jury duty will be considered a leave with pay for the time required to attend jury duty that is scheduled either during work hours or during work shift that would negatively impact on the employee's scheduled work shift. Time required for jury duty includes actual time spent in commuting.

Employees who are required to attend jury duty during the work shift and immediately preceding or following his or her scheduled shift and wholly within the same day she'll be excused from the scheduled work shift.

Employees shall be granted up to their normal number of work hours in one work day to attend jury duty. Employees who do not work on a fixed workweek schedule may be granted up to eight hours leave in any one work day.

Employees shall submit written verification of attendance signed by a representative of the court to their department head as a prerequisite to being paid.

Civil leave shall not be granted for an employee's appearance (appearance for other than official Township duty) in court as a plaintiff or defendant.

Time spent on official Buena Vista Township duo, in court is considered worked time.

Temporary/part-time employees shall retain their positions, but are not entitled to civil leave.

Seasonal employees may have their positions held until their return. The Department Head will stake the decision based upon the employee's anticipated length for jury/witness duty, the remaining time for the position, and the employee's performance. Seasonal employees are not entitled to civil leave.

Checks in payment of jury duty and issued to the juror are to be turned over to the Chief Financial Officer for deposit into the Township's account.

Funeral leave.

Upon receiving sufficient proof such as providing a death certificate that a member of a full-time employee's immediate family has died, the department head may authorize absence from work with pay up to three days for said employee. Such absences shall be deducted from the employee's accumulated sick leave. "Immediate family" shall be defined as a parent, parent-in-law, stepmother, stepfather, spouse, civil union, domestic partner, child, stepchild, brother, sister, stepbrother, stepsister, daughter-in-law, son-in-law, grandparent, grandparent-in-law. One day's absence from work with pay from may be authorized by the department head upon sufficient proof of the death of any other family member. Said day shall be deducted from the employee's accumulated sick leave.

§ 36-8 Leaves of absence without pay.

[Amended 12-12-2016 by Ord. No. 36-2016]

General.

Requests for emergency leave of absence require approval of the Administration and Township Committee.

Periods of absence shall not exceed three months at any one time. No further renewal or extension may be granted except upon request by the Administration and Township Committee.

Leaves of absence shall be requested by the employee in writing at least 30 days (if possible) prior to the date upon which leave is requested to commence.

It is the employee's responsibility to provide any documentation required for approval of return from the leave of absence.

Employees may return to work prior to expiration of leave of absence.

Except as provided by applicable law (i.e., federal Family and Medical Leave and New Jersey Family Leave[1]), or by a collective bargaining agreement, the employee may elect to retain health benefits with the Township of Buena Vista provided the employee pays the premium each month for said COBRA insurance.

Editor's Note: See 29 U.S.C. § 2601 and N.J.S.A. 34:11B-1 et seq., respectively.

Leaves of absence without pay will not be approved during an employee's probationary or working test period.

Except as may be required by applicable law, time spent by employees on leave of absence without pay will not be included in total time of employment when calculating eligibility for an annual salary amount increment.

The Township of Buena Vista expects that the employee will return to duty at the expiration of the leave.

New Jersey Family Leave. The Township of Buena Vista complies and offers its employees leave pursuant to the New Jersey Family Leave Act, N.J.S.A. 34:11B-1 et seq., and P.L. 1989, c. 261. The provisions are outlined under the aforementioned statute(s) and in the Township's most current version of its personnel policy manual.

Family and Medical Leave. The Township of Buena Vista complies and offers its employees leave pursuant to the federal Family and Medical Leave Act, 29 U.S.C. § 2601 et seq. and 29 CFR 825.300 et seq., The provisions are outlined under the aforementioned statute(s)/regulation(s) and in the Township's most current version of its personnel policy manual.

§ 36-9 Employee hours; payroll records; payment schedule.

Road Department employees shall work 40 hours per week, including their one-half-hour lunch break, Monday through Friday.

Administrative and office employees shall work 35 hours per week, excluding their one-hour lunch break, Monday through Friday.

All department heads shall report daily to the Township Administrator, in writing on prescribed forms, those full-time permanent and/or probationary employees absent from or late for work. The absence or tardiness shall be entered upon the said employee's personnel record.

[Amended 12-12-2016 by Ord. No. 36-2016]

The Township shall pay all employees on a biweekly payroll schedule, i.e., once every two weeks or a total of 26 times annually, with exceptions fixed by the Township Committee. The employee's annual salary shall be divided into 26 equal payments to meet the biweekly payroll schedule.

Upon completion of required procedures, the Finance/Payroll Clerk shall notify each department head of the availability of checks for distribution. Said department head or his designee shall then pick up said checks for his respective department and make distribution of same to personnel within his department. No employee shall contact the Township Administrator and/or Finance/Payroll Clerk for check pickup except as outlined above or with prior approval by the department head for individual pickup by employees on vacation or sick leave.

[Amended 12-12-2016 by Ord. No. 36-2016]

§ 36-10 Disciplinary actions.

[Amended 12-12-2016 by Ord. No. 36-2016]

All employees are expected to conduct themselves and behave in a manner which is conducive to the efficient operation of Buena Vista Township. Examples include, but are not limited to:

Reporting to work as scheduled and being ready for work at the assigned starting time.

Notifying the supervisor when the employee will be absent, or unable to report to work on time.

Complying with all Buena Vista Township safety and health regulations.

Smoking only during breaks and meal periods and only in specifically designated areas.

Abiding by established appearance standards.

Performing assigned tasks efficiently.

Eating meals during meal periods and only in designated areas.

Maintaining a clean and orderly work area.

Graciously and professionally conducting business.

Refraining from behavior or conduct deemed offensive or undesirable.

The following conduct is prohibited, considered grave and shall subject the employee to disciplinary action which may result in immediate suspension pending termination:

Excessive absenteeism or tardiness.

Use of alcoholic beverage/drugs on Buena Vista Township property, reporting for work under the influence and/or operating a Township vehicle under the influence.

Possessing firearms or weapons on Buena Vista Township property.

Insubordination-employee refusal to follow management directives.

Assault on another individual while of work.

Theft or misuse of Buena Vista Township property/time/funds or of another employee's property.

Gambling on Buena Vista Township property.

Falsifying or misrepresentation on any Buena Vista Township record, report or form.

Deliberate damage to Buena Vista Township or private property.

Sleeping on the job.

(11)

Offensive conduct toward the public or other employees.

(12)

Conducting private or personal business which interferes with efficient performance of duties, and/or represents a conflict of interest.

(13)

Unauthorized use of Buena Vista Township vehicles or equipment.

(14)

Abuse of sick leave.

(15)

Misuse of drug prescription card or other insurance benefits.

(16)

Conviction of a criminal offense, a misdemeanor, or commission of a noncriminal act of such nature that the individual's credibility and/or moral character would render him/her unfit, undesirable or unacceptable as a Buena Vista Township employee.

(17)

Failure to report to work for the three consecutive work days without notice or approval and without reasonable and acceptable cause.

(18)

Providing entrance or access to Buena Vista Township facilities or property to unauthorized persons.

(19)

Release of information to unauthorized persons.

(20)

Failure to report to duty in a declared state of emergency situation without a compelling reason for absence.

(21)

Sexual harassment - any unwelcome verbal or physical conduct of sexual nature which interferes with an employee's ability to perform his or hers duties or which creates an offensive work environment.

(22)

Solicitation or acceptance of any gill, gratuity or other form of compensation of any value whatsoever by an employee which results from the performance of any duties/responsibilities associated with employment by Buena Vista Township.

(23)

Possession, sale or use of a controlled substance other than a drug prescribed by a physician.

The following conduct will not be tolerated, is considered serious and may result in discipline: reprimand (oral and/or mitten), suspension, demotion, termination.

Absence from work area without permission or excusable reason.

Excessive use of Buena Vista Township telephones and faxes for personal use.

Extended work or lunch breaks.

Willful safety violations.

Habitual loafing or loitering.

Failure to report personal injury.

Harassment or use of profane, obscene, insulting words or gestures toward the public or any Buena Vista Township employee.

Horseplay or disorderly conduct.

Failure to comply with reporting procedures for illness.

Arriving on the job and being noticeably tired or fatigued, because of outside employment or other activities, to the extent that efficiency and work production are considerably reduced.

(11)

Engaging in off-duty work activities that create critical comment on Buena Vista Township by the general public.

(12)

Failure to exhibit ordinary personal hygiene, where failure threatens the employee's relations with the public or other employees by creating an unhealthy or offensive working environment.

(13)

Failure to submit current information such as address changes, telephone numbers.

(14)

Failure to fallow rules and regulations in this manual stipulated by administrative directive or directed by your department head.

(15)

Neglect of duty.

(16)

Conduct unbecoming of a public employee.

The types of disciplinary action shall be as follows:

Informal verbal reprimand by the department head.

Written reprimand from the department head. A copy of said written reprimand shall be placed in the employees personnel file and noted on their personnel record.

Suspension, without pay, for five days or less upon the recommendation of the department head and approval of the Township Administrator. The cause or causes for such suspension shall be entered upon the permanent personnel record of the employee.

[Amended 12-28-2020 by Ord. No. 89-2020]

Suspension without pay for six days or more or termination by the Township Committee based upon recommendation of the department head and Township Administrator.

[Amended 12-28-2020 by Ord. No. 89-2020]

In instances in which the department head is subject to disciplinary actions, the foregoing disciplinary actions may be taken by the Township Committee with consultation of the department head and Township Administrator.

[Amended 12-28-2020 by Ord. No. 89-2020]

This list is not required to be taken in the order as set forth above; the facts of the case and the employee's prior disciplinary records shall be the basis for determining possible disciplinary action.

§ 36-11 Overtime.

[Amended 12-12-2016 by Ord. No. 36-2016]

As a condition of employment, exempt employees who are required to work overtime must he preapproved by the Administrator.

Every attempt will he made to satisfy overtime requirements on a voluntary basis and to accommodate your personal considerations; however, department heads shall have the authority to schedule overtime in their department with prior approval from the Township Administrator.

Buena Vista Township complies with the Fair Labor Standards Act ("FLSA")[1] which regulates the payment of overtime premium for hours physically worked in excess 40 hours per work week as defined by the FLSA.

Certain classes of employees are exempt from this Act.

Your status, as the Act applies to you as an employee, may be obtained from your department head or through the Chief Financial Officer.

Editor's Note: See 29 U.S.C. § 201.

Regular work weeks will be defined in each collective bargaining agreement (CBA).

Overtime will be administered using the following basis:

Zero to 15 minutes: 0.25 hour compensation.

Sixteen to 30 minutes: 0.5 hour compensation.

Thirty-one to 45 minutes: 0.75 hour compensation.

Forty-six to 60 minutes: 1.0 hour compensation.

Thereafter, all overtime will be administered in 0.25 hour segments.

No department head or supervisor shall receive overtime compensation.

Full-time employees, except department heads or supervisors, shall be compensated for overtime work authorized by the department head with prior approval from the Township Administrator.

Overtime compensation shall commence only after the employee has worked the scheduled number of hours required in his/her normally prescribed workweek.

Employees working a thirty-five-hour work week will be paid regular hourly pay for time worked between 35 hours and 40 hours, only as approved by the department head.

Time in excess of 40 hours as defined by the FLSA shall be paid at the rate of 1 l /2 regular pay.

Holidays, vacation days and authorized sick days shall be counted toward the normal workweek and/or as consecutive workdays and shall be computed toward overtime.

Authorized overtime compensation shall be computed at an hourly rate for time worked as follows:

All employees shall be paid time and 1 1/2 for all hours worked over 40 hours in one week as defined by the FLSA.

All work performed on Saturdays and Sunday (or holidays) shall be compensated at the rate of 1 1/2 times the normal rate of pay, except where specified in any union contract.

§ 36-12 Flex-time program.

[Amended 12-12-2016 by Ord. No. 36-2016]

A flex-time program shall provide for:

Core time which is the period of time during which all employees must be present.

Flexible time, which is the period of time before and after the core time, in which the employee may select, with department head approval from the Township Administrator, time of arrival and departure consistent with their daily hours of work requirement.

A meal period which may be flexible in duration and scheduling.

Assigned work weeks for affected positions (35 or 40 hours) shall be retained.

Participation in flex-time program may be limited to selected groups of job titles, work units and/or work locations to accommodate operational needs.

Written approval of the Buena Vista Township Administrator is required prior to instituting a flex-time program.

A department head and/or supervisor are not entitled to flex time. Flex time should apply to nonmanagement employees, with the prior approval of the Township Administrator.

§ 36-13 Grievances.

A "grievance" shall be defined as a claim by an employee that there has been a personal loss or injury because of a violation of the provisions of this article, or a dispute arising from the employee's employment. A grievance, to be considered under this section, must be initiated by the employee within 15 working days from the time that the employee has knowledge of its occurrence.

Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved employee to proceed to the next step.

Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step.

It is understood that employees shall, during and notwithstanding the pendency of any grievance, continue to observe all assignments and applicable rules and regulations of the Township until such grievance and any effect thereof shall have been fully determined.

Procedure.

Step 1.

Any employee who has a grievance shall discuss it first with his/her immediate superior in an attempt to resolve the matter informally at that level. In the case of a grievance by a department head, they shall first discuss it with their department chairperson.

If, as a result of the discussion, the matter is not resolved to the satisfaction of the grievant within five working days, he/she shall set forth in writing his/her grievance and the resolution sought.

The immediate superior/department chairperson shall communicate his/her decision in writing to the grievant within five working days of the receipt of the written grievance.

Step 2. The grievant, no later than five working days after receipt of his/her immediate superior/department chairperson's decision, may appeal that decision to the department chairperson (in cases of nonsupervisory or non-department-head grievances) or the Township Committee in cases involving department heads. The appeal to the department chairperson or Township Committee, as the case may be, must be made in writing and recite the matter submitted to the immediate superior as specified above and stating the basis for his/her dissatisfaction with the decisions previously rendered.

Step 3.

If the grievance is not resolved to the employee's satisfaction in cases involving non-department-head personnel, he/she may request a review by the Township Committee. Said request for review by the Township Committee must be made no later than five working days after receipt of the department chairperson's decision. Said request shall be submitted in writing through the department chairperson, who shall attach all related papers and forward the request to the Township Committee.

In cases involving department head grievances, the grievant department head may appeal to the Township Committee in the manner set forth above.

The Township Committee shall review the grievance and shall, at the option of the Township Committee, hold a hearing with the grievant employee.

(d)

After consulting with the Township Administrator and Labor Counsel, as appropriate, the Township Committee shall render a decision in writing within 30 working days of receipt of the written grievance.

[Amended 12-12-2016 by Ord. No. 36-2016]

(e)

The decision of the Township Committee shall be final unless otherwise set forth in a negotiated contract covering the grievant employee.

§ 36-14 Outside employment.

A Township employee shall be permitted to have a job in addition to his/her regular full-time employment with the Township which shall not interfere with his/her performance in the Township position or which shall cause a conflict of interest.

Employees who engage in regular outside employment shall notify their department head and the Township Administrator of the same in writing, setting forth the name and address of the employer and the anticipated schedule of hours to be worked.

[Amended 12-28-2020 by Ord. No. 89-2020]

Department heads shall report outside employment of members of their department to the Township Administrator, and the Township Administrator shall report same to the Township Committee.

[Amended 12-28-2020 by Ord. No. 89-2020]

§ 36-15 Personnel records.

The Township Administrator shall keep the personnel files on all employees of the Township.

[Amended 12-12-2016 by Ord. No. 36-2016]

All absences, tardiness, disciplinary actions, grievances and evaluations shall be entered into and made part of the personnel record of each employee.

All personnel files are deemed confidential, unless otherwise deemed public by state and/or federal law(s). Only members of the Township Committee and department heads may have access to the personnel records of an employee; provided, however, that such access shall only be in the presence of the Township Administrator.

[Amended 12-12-2016 by Ord. No. 36-2016]

An employee may examine his or her personnel file in the presence of the Township Administrator at mutually convenient times during the regular working day.

[Amended 12-12-2016 by Ord. No. 36-2016]

No person shall remove anything from said personnel file, except by court order.

No unauthorized person shall add anything to said personnel file.

§ 36-16 Resignations.

An employee may resign from his position by tendering a written resignation to the Township Committee through their department head. Said resignation shall give at least two weeks' notice before the effective date of said resignation.

The final paycheck shall not be given to a resigning or terminated employee until the department head has verified to the payroll clerk, in writing, that all keys, Township-owned equipment and/or supplies in the possession of said employee have been returned in good order.

§ 36-17 Termination of seniority and benefits.

[Amended 12-12-2016 by Ord. No. 36-2016]

Any employee resigning or leaving the employ of the Township for reasons other than municipal layoffs shall forfeit all claims to seniority, unused sick leave at time of separation from employment, vacation and/or longevity benefits upon return to the Township employ. Should the individual be accepted for reemployment, they shall be deemed a new employee for the purpose of determining said sick leave, vacation leave and longevity of benefits.

Upon retirement, employee(s) who qualify per the years of continuous service as set forth below are subject to the following nonpensionable stipend to which an employee may only be eligible to collect the highest nonpensionable stipend available at the time of retirement and not covered by a CBA:

Thirty years of continuous service with the Township: $5,000;

Twenty-five years of continuous service with the Township: $2,500; and

Twenty years of continuous service with the Township: $1,000

§ 36-18 College; continuing education.

[Amended 12-12-2016 by Ord. No. 36-2016]

The Township of Buena Vista will pay for any courses an employee is mandated by the federal or state government to take as a prerequisite to continuing in their position; therefore, employees can use Township time to fulfill its continuing education requirements. All other Township employees must use vacation or personal time should they desire to maintain their certification(s).

The Township of Buena Vista will reimburse employees for registration costs of job-related college or continuing education courses, subject to the following conditions:

If not mandated by the federal or state government as a prerequisite to retaining their position, it has been mandated or requested by the Township Committee that such course be taken as a prerequisite to continued employment.

Prior approval of the course has been granted by the Township Committee and Township Administrator on a case-by-case basis.

Any course approved and paid for by the Township must be completed with a passing grade of "C." If not completed with a passing grade, the full tuition/registration will be refunded to the Township.

Any courses paid for by the Township as continued education shall be required to be reimbursed to the Township if the employee does not remain employed for five years after completion of the course(s).

§ 36-19 Grant personnel.

[Added 2-8-1999 by Ord. No. 4-1999]

The employment of persons to administer said grants[1] shall run concurrent with the grant(s), and upon termination of funding for said position the employment shall terminate.

Editor's Note: According to the preamble of Ord. No. 4-1999, the grants referred to herein are grants which require the hiring of personnel to administer the grants and provide funding for same.

Article II Defined Contribution Retirement Program

[Adopted 7-14-2008 by Ord. No. 9-2008 (Ch. 21, Art. II, of the 1993 Code)]

§ 36-20 Eligible positions.

[Amended 10-9-2012 by Ord. No. 4-2012; 4-27-2020 by Ord. No. 86-2020]

Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:

Township Administrator.

Township Prosecutor.

Township Judge.

Positions with principal responsibility of government functions, such as department heads or similar titles, that are filled by action of the governing body and who report directly to an elected official(s) or to the Township Administrator.

Township Engineer.