[HISTORY: Adopted by the Mayor and Council of the Borough
of Roselle as portions of Chs. 4, 19 and 25 of the 1975 Borough Code;
amended in its entirety at time of adoption of Code (see Ch. 1, General
Provisions, Art. II). Subsequent amendments noted where applicable.]
The Borough of Roselle is a body politic and corporate existing
pursuant to N.J.S.A. 40A:60-1 et seq. and appropriate provisions of
general law.
A.
The
elected officers of the Borough shall consist of the Mayor and six
Council members, one member elected at large, five members elected
by ward in the Borough, all of whom shall be elected and take office
in the manner provided by law. The term of office shall commence January
1 next following their election.
B.
Wards.
The Borough of Roselle shall be divided into five wards with one Council
member to be elected from each ward and one Council member to be elected
at large. The wards and election districts as shown on the map dated
(date) are incorporated herein by reference.
A.
The
Mayor and Council shall hold an annual meeting on the first day of
January at 12:00 noon, or during the first seven days of January in
any year.
B.
President
of Council.
(1)
At its annual meeting, the Council shall, by the vote of a majority
of its number, elect a President of the Council, who shall preside
at all its meetings when the Mayor does not preside. The President
of the Council shall hold office for one year and until the next annual
meeting. He shall have the right to debate and vote on all questions
before Council.
(2)
If the Council fails to elect a President at the annual meeting,
the Mayor shall appoint the President from the Council and, in that
case, no confirmation by the Council shall be necessary.
C.
The
President of the Council shall perform all the duties of the Mayor
during any period in which the Mayor is absent from the Borough for
three days or more or is unable to perform the duties of his office.
Where such absence is intended, the President of the Council shall
become the acting Mayor until the Mayor's return. If the President
of the Council is unable to perform the duties of the acting Mayor,
then the member of Council with the longest term of service may act
temporarily for the President of the Council.
D.
Three
Councilmen and the Mayor or, in the absence of the Mayor, four Councilmen
shall constitute a quorum for transacting business.
E.
The
Council may, at its annual meeting, establish for its members such
committees of the Council as will assist it for the ensuing year.
F.
The
Council shall hold such other meetings, at such time and place as
it may by resolution direct, but all regular meetings shall be held
within the Borough.
G.
The
Mayor shall, when necessary, call special meetings of the Council.
In case of his neglect or refusal, any four members of the Council
may call such meeting at such time and place in the Borough as they
may designate, and in all cases of special meetings notice shall be
given to all the members of the Council, or left at their places of
residence.
H.
Council
shall at its annual meeting establish by resolution a schedule of
meetings for the ensuing year consistent with the provisions of the
Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.).
I.
Council
may adopt rules not inconsistent with any law governing its proceedings
and the conduct of its meetings.
Every Borough governed by the Borough form of government pursuant
to state law shall, subject to the provisions of general law, have
full power to exercise all powers of local government in such manner
as its Council may determine.
A.
The
Mayor shall be the head of the municipal government.
B.
The
Mayor shall have all those powers designated by general law.
C.
The
Mayor shall preside at meetings of the Council and may vote to break
a tie.
D.
Every
ordinance adopted by the Council shall, within five days after its
passage, Sundays excepted, be presented to the Mayor by the Borough
Clerk. The Mayor shall, within 10 days after receiving the ordinance,
Sundays excepted, either approve the ordinance by affixing his signature
thereto or return it to the Council by delivering it to the Clerk
together with a statement setting forth his objections thereto or
any item or part thereof. No ordinance or any item or part thereof
shall take effect without the Mayor's approval, unless the Mayor fails
to return the ordinance to the Council, as prescribed above, or unless
the Council, upon consideration of the ordinance following its return,
shall, by a vote of 2/3 of all the members of Council, resolve to
override the veto.
E.
No
ordinance shall be passed, or appointment of any subordinate officer
of the Borough be confirmed, except by a vote of a majority of the
members of the Council present at the meeting, provided that at least
three affirmative votes shall be required for such purpose, the Mayor
voting only in the case of a tie.
F.
If
any ordinance contains more than one distinct section, clause or item,
the Mayor may approve one or more thereof and veto the rest.
G.
The
Mayor shall nominate and, with the advice and consent of Council,
appoint all subordinate officers of the Borough, unless the specific
terms of the general law clearly require a different appointment procedure.
He shall make his nomination to any such office within 30 days of
that office becoming vacant.
H.
The
Mayor shall see to it that the laws of the state and the ordinances
of the Borough are faithfully executed. He shall recommend to the
Council such measures as he may deem necessary or expedient for the
welfare of the Borough. He shall maintain peace and good order and
have the power to suppress all riots and tumultuous assemblies in
the Borough.
A.
The
Council shall be the legislative body of the municipality.
B.
The
Council may, subject to general law and the provisions of this chapter:
(1)
Pass, adopt, amend and repeal any ordinance or, where permitted,
any resolution for any purpose required for the government of the
municipality or for the accomplishment of any public purpose for which
the municipality is authorized to act under general law;
(2)
Control and regulate the finances of the municipality and raise money
by borrowing or taxation;
(3)
Create such offices and positions as it may deem necessary. The officers appointed thereto shall perform the duties required by law and the ordinances of the Council. Other than the Borough Attorney, Engineer, and Building Inspector, these officers shall be residents of the Borough and shall serve at the pleasure of the Council, except the Clerk, who also shall be exempt from the Borough residency requirement, the Tax Collector and Tax Assessor who shall serve for terms as provided in Chapter 9 of Title 40A of the New Jersey Statutes. The Council may exempt officers from the residency requirements but only pursuant to the adoption of an ordinance to that effect;
(4)
Investigate any activity of the municipality;
(5)
Remove any officer of the municipality, other than those officers
excepted by law, for cause; and
(6)
Override a veto of the Mayor by a two-thirds majority of all the
members of the Council.
C.
The
Council shall have all the executive responsibilities of the municipality
not placed, by general law or this chapter, in the office of the Mayor.
D.
The
Council, whenever it fails to confirm the nomination by the Mayor
of any official to a subordinate office of the Borough within 30 days
of being presented such nomination, shall make the appointment to
that office, provided that at least three affirmative votes shall
be required for such purpose, the Mayor to have no vote thereon except
in the case of a tie.
E.
The
Borough Council may create such advisory councils to the municipality
as it may choose, including councils for the functions absorbed by
it of any heretofore existing boards, commissions or districts.
Pursuant to N.J.S.A. 40A:60-6b(3), there is hereby created a
Table of Organization for all departments or divisions within the
Borough of Roselle, setting forth the positions, offices, and staffing
of such departments or divisions. Said Table of Organization shall
be maintained by and on file with the Borough Clerk. The Table of
Organization may be amended as necessary by resolution of the governing
body.
The Borough government shall include the following departments:
Administration, Police; Fire; Public Works; Municipal Court; Law;
Finance; Borough Clerk; Health; and Tax Assessor.
Except as otherwise provided by law, the provisions of the Civil
Service Act of the State of New Jersey shall apply in the employment
of all personnel, and the status, title and divisional classification
heretofore established with the New Jersey Civil Service Commission
shall be continued.
A.
Residence requirement. Employees of the Borough, except for police
officers and firefighters or any other position exempted by state
statute, must be bona fide residents of the Borough, except at the
time of appointment or employment, when they need not be residents
of the Borough, but shall establish residence in the Borough within
six months. This provision may be waived by the Borough Council for
good cause shown, as described below.
B.
Residence requirements of officers and employees.
(1)
All officers and employees of the Borough in the employ of or hereafter
to be employed by the Borough are hereby required as a condition of
their continued employment to have their place of abode in the Borough
and to be bona fide residents therein, except as otherwise provided
by ordinance or state statute. A "bona fide resident," for the purpose
of this section, is a person having a permanent domicile within the
Borough and one which has not again taken up or claimed a previous
residence acquired outside of the Borough limits.
(2)
The Mayor and Council is hereby authorized, in its discretion, for
good cause shown, to permit any officer or employee of the Borough
to remain in the employ of the Borough without complying with the
provisions hereof, where it is not feasible to engage for employment
an individual with a specialized license, certification or specialized
field of expertise; or for any other reason constituting good cause
in the Mayor and Council's sole discretion.
A.
General requirements.
(1)
An employee who is to be a recipient of donated time must first exhaust
all of his/her own accumulated sick, vacation, and compensatory time.
The employee must also produce a doctor's certification at the onset
of the illness or injury to substantiate the nature of the illness
or injury and to specify the length of time that the employee will
probably be absent from work.
(2)
An employee who utilizes donated sick/vacation time will be treated
as a Borough of Roselle employee on a leave of absence with pay and
will not be subject to a diminishment of wages and benefits.
(3)
The donation of sick and/or vacation time must be initiated by the
employee's department. The request must be on the forms provided by
the Business Administrator or his designee and must be made prior
to the employee's exhaustion of all accumulated sick and vacation
time.
(4)
Upon approval by the Recipient/Donor Committee members, all Borough
of Roselle employees are eligible to donate sick/vacation time on
a voluntary basis.
B.
Eligibility requirements. A Borough of Roselle employee shall be
eligible to receive or donate donated sick and or vacation leave from
or to other Borough employees if the employee meets all the following
criteria:
(1)
Recipient:
(a)
Must have completed one year of continuous service as an employee
of the Borough of Roselle.
(b)
Must be suffering from a catastrophic health condition or injury
or to provide care to a member of the employee's immediate family
who is suffering from a catastrophic health condition or injury which
necessitates the employee's prolonged absence from work for which
the employee has no availability of paid leave.
(c)
Must produce acceptable medical verification from a physician
or other licensed health care provider. The medical verification must
indicate the nature, severity, and anticipated duration of the disability
resulting from the serious health condition or injury involved.
(d)
Must have exhausted all accrued paid leave time, including compensatory
time off, sick leave, and vacation leave.
(e)
Must not have solicited nor given anything of value for the
donation.
A.
All Borough employees are subject to discipline for violations of
the New Jersey Administrative Code relating to discipline in the local
service, violations of any rule, regulation, policy, ordinance or
resolution of the governing body or for other cause permitted by law.
B.
Unless otherwise required by law, discipline may be initiated and
imposed by the Borough Administrator or his designee, which may be
a department head or other appropriate official of the Borough. Disciplinary
hearings shall be heard and conducted by the Borough Administrator
or his designee.
Unless provided otherwise by collective bargaining agreement
or any other provision of applicable law, all salaries paid by the
Borough shall be established by ordinance.
A.
In addition to the salary, all full-time employees of the Borough
listed above shall be paid as hereinafter fixed and determined, such
longevity pay to be considered as additional compensation based upon
length of service of such officers and employees according to the
following schedule, with the exception of police officers and Sergeants, who shall be paid pursuant to
collective bargaining agreement.
|
Years of Service
|
Percentage of Annual Base Salary
|
|---|---|
|
6 through 10
|
2%
|
|
11 through 15
|
4%
|
|
16 through 20
|
6%
|
|
21 through 25
|
8%
|
|
26 and over
|
10%
|
B.
Such additional compensation shall be based upon the annual base
salary of each officer and employee, including detective and Deputy
Chief allowances, exclusive of any additional compensation of any
nature, including overtime, grade adjustments, special allowances
and hospital and medical insurance contributions.
C.
A year of service shall be any year in which the officer or employee
has worked an average of at least 32 1/2 hours per week.
D.
In calculating said additional compensation, the base salary in effect
on the anniversary date of full-time employment with the Borough of
Roselle shall be used for such purpose. The dates of calculation,
however, shall be January 1 and July 1, with all anniversaries falling
between January 1 and June 30 becoming effective January 1 and all
anniversaries falling between July 1 and December 31 becoming effective
July 1.
E.
Any interruption of service due to a cause beyond the control of
the officer or employee of the Borough, such as military service,
injury in line of duty or illness, shall be considered as service
for the purpose of determining the compensation of said longevity
periods. Leaves of absence granted at the request of any officer or
employee of the Borough will not be considered in determining length
of service.
F.
All periods of employment shall be computed from the anniversary
date of employment as an employee of the Borough of Roselle.
G.
There shall be no longevity pay for all employees of the Borough
of Roselle hired subsequent to the enactment of this section, except
for police officers.
Overtime shall be paid only under the following circumstances:
Each employee averaging at least 32 1/2 hours per week
over a period of 25 years shall, after the 25th anniversary, be entitled
to the following benefits upon retirement:
A.
Payment of 3/12 of a year's salary shall be payable to the retiree,
based on the salary established for the particular job held by the
retiree by the Salary Ordinance in the year of retirement, said payment
to include the retiree's longevity. Said sum shall be paid on the
effective date of retirement.
B.
The payment outlined in Subsection A immediately above shall be paid to the employee's named beneficiary should the employee have completed 25 years of service, has not retired but became deceased.
C.
The benefits as provided by this section shall not be applicable
to employee members of the Public Employees Service Union Local No.
702 pursuant to collective bargaining agreement.
A.
Police Department, Fire Department and Public Employees Service Union
Local No. 702 shall be granted holidays and vacations pursuant to
collective bargaining agreement.
B.
With the exception of special policemen (P.T.) (school guards), all
part-time municipal employees shall be paid, in lieu of vacation time,
one day's salary for every 140 hours worked. School guards shall receive
one day's pay for every 131 hours worked.
C.
All other full-time personnel shall observe the following holidays:
[Amended 6-9-2021 by Ord. No. 2654-21; 8-16-2023 by Ord. No. 2716-23]
|
New Year's Day
|
|
Martin Luther King Jr. Day
|
|
Lincoln's Birthday
|
|
Washington's Birthday
|
|
Good Friday
|
|
Memorial Day
|
|
Juneteenth Independence Day
|
|
Independence Day
|
|
Labor Day
|
|
Columbus Day
|
|
Election Day
|
|
Veterans Day
|
|
Thanksgiving Day
|
|
Day after Thanksgiving Day
|
|
Christmas Day
|
D.
If a holiday
falls on a Saturday, it shall be observed on the preceding Friday.
If a holiday falls on a Sunday, it shall be observed on the following
Monday.
[Added 8-16-2023 by Ord. No. 2716-23]
A.
In addition to the above salaries and longevity compensation, the
Borough shall pay full contributions, except for any negotiated or
legally mandated employee contributions, for prescription, hospital,
and medical insurance for all current and retired employees and their
dependents. If the retired employee predeceases the dependents, the
dependents shall continue to be covered at no cost to the dependents.
As to a surviving spouse, the benefits shall continue until the spouse
remarries. Upon reaching eligibility for Medicare, the Borough agrees
to reimburse a retiree and his/her spouse (unless the spouse remarries)
for Medicare premiums and continue to pay for secondary or supplemental
insurance, including prescriptions, after becoming enrolled in Medicare
Parts A and B. The Borough may change insurance carriers so long as
the new carrier provides equivalent or better benefits and co-pays
to the prior plan.
[Amended 4-21-2021 by Ord. No. 2644-21]
The rate of compensation or salaries hereinabove fixed shall
be considered to be the rate in effect and shall be paid in 26 equal
biweekly installments, except where otherwise specifically provided.
Rates or salaries listed as minimum and maximum shall be established
by resolution for the year 1980.
All Borough employees or officers as defined by N.J.S.A. 40A:9-22.3
shall be subject to the provisions of the Local Government Ethics
Law, N.J.S.A. 40A:9-22.2.
There shall be an approved employee handbook containing, among
other items, table(s) of organization establishing the reporting relationship(s)
between all positions; an appendix outlining the minimum terms and
conditions of employment for all positions; any special terms and
conditions of employment pertinent to any specific position; and a
local job description for each position that is similar in format
and content to the general job description provided by the New Jersey
Department of Personnel.
Unless more specifically described herein, all employees shall
have and perform the duties and responsibilities of their position
pursuant to their civil service job description, applicable law; ordinance,
resolution, handbooks, policies and direction of the Mayor and Council;
the Borough Administrator; and/or their department or division head,
and/or their immediate supervisor.
