[1]
Note: The current Salary Ordinance of the Township is on file
in the office of the Township Clerk.
[1971 Code § 3-31]
It is the intent of this chapter to establish personnel policies,
practices and regulations which will be consistent with sound business
principles to the end that the administration of the Township's
personnel program will be accomplished in a manner equitable to the
employees without handicapping or curtailing the responsible administrative
officers.
All Personnel Policies are embodied within the Policy and Procedure
Manual.
[Ord. No. 90-30]
A.
The Township Council adopted a Personnel and Procedures Manual in
1981.
B.
The public judges its government by the way public officers and employees
conduct themselves in the posts to which they are elected or appointed.
C.
The people have a right to expect that every public employee and
official will conduct himself in a manner that will tend to preserve
the public confidence in and respect for the government he represents.
D.
This manual serves as a repository certifying existing New Jersey
Civil Service Rules as well as Municipal law and procedures relating
to personnel administration in the Township.
E.
It is the spirit, intent and purpose to provide an orderly interpretation
of personnel regulations which will serve to assure equitable and
fair treatment of applicants and employees in selection, promotion
and compensation without regard to political views, race, nationality,
origin, sex, religion, disability or age.
F.
The Township Council has filed a copy of the Personnel Policy and
Procedures Manual with the Township Clerk and the Manual is available
for inspection during regular business hours by any interested party.
[Ord. No. 90-30 § 1]
The document entitled the "Rockaway Township Policy and Procedure
Manual" as revised through October 1, 1990, and as may be amended
from time to time subsequent thereto is hereby declared to be the
official embodiment of the rules and regulations of the Township governing
the conduct of all municipal employees.
[Ord. No. 90-30 § 2]
All employees covered by the Manual will be required to be familiar
with the rules and regulations set forth in the Manual and shall be
responsible for conforming their conduct to the standards set forth
therein.
[Ord. No. 90-30 § 3]
A copy of the Rockaway Township Policy and Procedures Manual
will be kept in the offices of the Township Clerk and shall be made
available to any individual during regular business hours.
The Classes of Titles, which are set forth in the various Labor
Agreements are hereby created and adopted by reference.
The classes of positions which are set forth and prepared by
the N.J. State Department of Labor are hereby created and adopted
by reference.
Within the Township of Rockaway certain other positions exist
which are not Civil Service as scheduled below:
A.
Full time employees.
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Assessor
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Director Public Works and Utilities
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Business Administrator
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Chief Financial Officer
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Director or Recreation/Parks/Sr. Service
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Health Officer
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Municipal Clerk
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Municipal Engineer
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Municipal Tax Collector
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Secretary to Mayor — To serve at the pleasure of the Mayor
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B.
Part time employees.
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Assessment Commissioners
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Assistant Business Administrator
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Council members
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Council President
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Deputy Registrar
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Director of Welfare
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Election Official
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Emergency Management Coordinator
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Emergency Management Deputy
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Judge of Municipal Court
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Mayor
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Recycling Coordinator
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Sewer Assessment Officer
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Special Police Officer
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Tax Search Officer
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[1]
Note: Prior ordinance history includes portions of Ordinance
Nos. 3-17-81, 90-30 and 94-34.
[Ord. No. 05-42 § 1]
The Policy and Procedure Manual adopted by the Township on February
3, 2004, effective March 1, 2004 by Ordinance No. 04-1 is hereby readopted
by reference in its entirety. A complete copy of said Township of
Rockaway Policy and Procedure Manual shall be distributed to all employees
and shall be available at the office of the Township Clerk during
regular business hours. The Township of Rockaway Policy and Procedure
Manual effective March 1, 2004, as amended and supplemented from time
to time, shall supersede all previous versions of the Policy and Procedure
or Personnel Policies of the Township of Rockaway. The Policy and
Procedure Manual shall be applicable to all officials, appointees,
employees, prospective employees, volunteers and independent contractors
of the Township of Rockaway.
[1]
Note: Former Subsection 26-6.2, Employee Handbook, previously
codified herein and containing portions of Ordinance No. 05-42, was
repealed in its entirety by Ordinance No. O-19-02.
[Ord. No. 05-42 § 3; Ord. No. O-19-02]
The Township of Rockaway Policy and Procedure Manual effective March 1, 2004, referenced in Subsection 26-6.1 above, may be amended from time to time by resolution duly adopted by the Township Council at a regular or special meeting. Once adopted, said amendments and modifications shall have the full and complete authority as if included in the originally adopted Policy and Procedure Manual and shall become effective as designated in said resolution. A copy of any such amendment shall be distributed to all employees who have received the Policy and Procedure Manual, and a copy thereof shall be available at the offices of the Township Clerk during regular business hours.
[Ord. No. 05-42 § 3]
The Business Administrator of the Township of Rockaway shall
be responsible to implement and enforce the personnel practices, including
the Policy and Procedure Manual adopted by ordinance or by resolution
authorized pursuant hereto. If there is a conflict between said Policy
and Procedure Manual and any duly adopted and lawful collective bargaining
agreement, personnel services contract, or Federal or State law, the
terms and conditions of that contract or law shall prevail. In all
other cases, the practices adopted pursuant to this section shall
prevail.
[1971 Code § 3-34A]
A.
The documents entitled "Safety Manual" and "Safety Manual, Township
of Rockaway, New Jersey Police Department" are hereby adopted and
promulgated as rules and regulations affecting employees and the operations
of the Township of Rockaway.
B.
A copy of the aforementioned "Safety Manual" and "Safety Manual,
Township of Rockaway, New Jersey Police Department" is filed with
the Township Clerk of the Township of Rockaway.
[1]
Note: Former Section 26-8, Use of Municipally Owned Vehicles,
previously codified herein and containing portions of 1971 Code §§ 3-34B
and 13-5 was repealed in its entirety by Ordinance No. 12-10.
[Ord. No. 93-29 § 1]
This section shall hereafter be known as cited as the "Residence
Requirement Ordinance."
[Ord. No. 93-29 § 1]
A bona fide "resident" is defined as any person having a permanent
domicile within the Township of Rockaway and one which has not been
adopted with the intention of again taking up or claiming a residence
acquired outside of the corporate limits of the Township.
[Ord. No. 93-29 § 1]
A.
From and after the effective date of this section, those individuals
possessing residency in the Township of Rockaway shall be given preference
in the hiring of all officers and employees to be employed or appointed
by the Township of Rockaway, therein, except for certain appointed
positions expressly provided for by New Jersey Statutes N.J.S.A. 40A:9-1.1
et seq. or in accordance with the exceptions provided hereinafter.
B.
This section is not applicable to officers and employees of the Township
of Rockaway holding their positions prior to the date of this section,
insofar as requiring that any such officer or employee become a resident
of the Township of Rockaway.
[Ord. No. 93-29 § 1]
A.
Where the appointing authority shall determine that there cannot
be recruited a sufficient number of qualified residents for available
specific positions or employments, the appointing authority may, in
its discretion, give preference for hiring of nonresidents for such
positions or employments in the following manner:
[Ord. No. 93-29 § 1]
Notwithstanding any provision of this section to the contrary,
any office or employment of the Township of Rockaway shall, be deemed
exempt from the residency requirements of this section provided that:
[Ord. No. 1-96 § 1]
As used in this section:
As defined in N.J.S.A. 39:3-10.9 et seq. entitled "New Jersey
Commercial Driver License Act."
A person employed by the Township of Rockaway in a capability
which requires a commercial drivers' license to be maintained
including all Department of Public Works Sanitation workers, Roadmen,
Mechanics, Building and Grounds workers, foremen and supervisors,
all of whom shall be included in the test pool.
That the confirmation test result shows a positive evidence
of the presence of a prohibited drug/alcohol in a person's system.
That initial testing or confirmation testing does not show
evidence of the presence of prohibited drug/alcohol in a person's
system.
Any of the following substances specified in the Schedule
I or Schedule II of the Controlled Substances Act, 21 U.S.C. 801.812
(1981 and 1987 CUM.P.P.) Marijuana, Cocaine, Opiates, Amphetamines
and phencyclidine "PCP."
[Ord. No. 1-96 § 2]
A.
Pre-employment testing. No employee will be hired unless that person
passes a drug/alcohol test or is covered by a recognized anti-drug/alcohol
program, documentation of which must be supplied to the Township of
Rockaway Business Administrator.
B.
Post-accident testing. As soon as possible but no later than two
to eight hours after an accident occurs during employment hours, any
employee whose performance either contributed to the accident or whose
performance cannot be completely discounted as a contributing factor
to the accident shall be drug/alcohol tested. The decision to test
or not to test shall be in the sole discretion of the employer based
upon the base information available immediately after the accident.
The supervisor in conjunction with any other investigative personnel
shall fully document the basis upon which a decision to test or not
to test is made. In the case of an accident involving a fatality or
involving the issuance of a citation to the Township of Rockaway employee,
the involved employee shall automatically be tested. All covered employees
shall immediately report all accidents or citations issued during
the employee's course of his/her shift regardless of the type
or ownership of vehicle involved in the accident or the citation.
Failure to report such accident or citation will result in disciplinary
action.
C.
Random testing. At least 50% of all employees shall be drug tested
and 25% of all employees shall be alcohol tested every 12 months.
The employees for testing shall be selected by using a random number
table that is matched with an employee's identification number.
During the first 12 months following the institution of random drug/alcohol
testing, the total number of tests conducted shall include at least
25% of the employees required to be tested.
D.
Testing based on reasonable cause. Whenever there is reasonable cause
to believe that an employee is using a prohibited drug/alcohol, such
employee shall be drug/alcohol tested. The decision to so test will
be based on a reasonable belief that the employee is using a prohibited
drug/alcohol on the basis of the specific, contemporaneous, physical,
behavioral or performance indicators of probable drug/alcohol use.
One supervisor of the employee trained in detecting drug/alcohol use
symptoms shall substantiate the decision to test.
E.
Rehabilitation and discipline. All employees are entitled to voluntarily
participate in the "Employee Assistance Program" regardless of positive
test result being received. However, if there is a positive test result,
participation in the "Employee Assistance Program" or an alternate
program approved by the Township of Rockaway Business Administrator
or Health Director shall be a prerequisite to continued employment.
Refusal to enroll in a program or to complete a full course of rehabilitation
shall be cause for immediate termination of services. A positive alcohol
test is one with a level of 0.040 or greater. Employees with a pattern
of reading between 0.020 and 0.039 will also be subjected to enrolling
in a mandatory counseling program.
(1)
In addition to completing a required course of rehabilitation,
employees shall be subject to the following discipline.
(a)
Following the confirmation of a positive test, there shall be
a minimum five day suspension. In the case of an alcohol test result
between 0.020 and 0.039, the penalty would be limited to a suspension
for the remainder of that day's work shift unless a pattern developed.
The suspension shall remain in full force until there is a negative
retest provided to the Township of Rockaway through a certified laboratory
(all costs of testing to be borne by the employee) but failure on
the part of the employee to present a positive test result within
six weeks from the original incident date shall automatically result
in termination of services. After two weeks the Township of Rockaway
reserves the right, for reasons of operational efficiency to fill
the suspended employee's position and in such case, the suspended
employee would be entitled to the next available opening providing
all other conditions (rehabilitation and positive test result) are
met.
(b)
Employees found to be in violation of this policy (confirmation
of positive drug/alcohol test) on a second occasion will be immediately
dismissed.
(c)
Failure or refusal to submit to a drug/alcohol test shall result
in the employee being suspended indefinitely or until the employee
can produce a passing test result for the first incident. A second
failure or refusal to submit to a drug/alcohol test will result in
immediate termination.
F.
Testing after rehabilitation. A person who returns to duty as an
employee after rehabilitation shall be subject to a reasonable program
of follow-up drug/alcohol testing without prior notice for not more
than 60 months after his or her return to duty.
G.
Administration. The Township of Rockaway has designated Health Net,
as a subcontractor for the Morris County JIF or such other persons
as the Township may designate to administer the Township's anti-drug/alcohol
program; and further, to provide for the collection and testing to
be done under Health Net's standard procedures, and for the employee
awareness and supervisory training program as designed and administered
by Health Net; all as more particularly required by the Township of
Rockaway anti-drug/alcohol program.
