[1980 Code § 34-1]
The Business Administrator is hereby authorized to promulgate
personnel rules and regulations for Morristown employees in accordance
with N.J.S.A. 11A:1-1 et seq. in accordance with contracts with employees
and employee organizations, in accordance with the Faulkner Act, N.J.S.A.
40:69A-1 et seq., and in accordance with all other applicable general
laws.
[1980 Code § 34-2]
The Business Administrator shall file with the Municipal Clerk
10 copies of the personnel rules and regulations and shall promptly
make available to each municipal employee a copy of such rules and
regulations. Any amendments, modifications or additions to the personnel
rules and regulations shall be adopted and promulgated in the same
manner.
[Ord. No. O-46-94]
As used in this section:
A person whose primary residence or permanent domicile is
within the Town and whose residency within the Town can be documented.
Proof of residency shall be confirmed by affidavit plus two or more
of the following: driver's license, voter registration card,
utility receipts, tax bill, state or federal tax returns (without
numbers) or other similar documents. The place of abode shall not
include one which has been adopted for a special or temporary purpose.
In the case of a person who has more than one residence and who lives
with his family, the family residence shall be located within the
Town. In the case of a person who has more than one residence and
lives alone, the residence where the person spends the majority of
his time shall be located within the Town.
[Ord. No. O-45-89]
Except as otherwise provided by law, all officers and employees
hired below the level of Director of a Department shall be bona fide
residents of the Town. Notwithstanding this requirement, where, in
the opinion of the Business Administrator, there cannot be recruited
a sufficient number of qualified Town residents for specific positions
or employments, the Town shall advertise for other qualified applicants.
The Town shall classify all qualified applicants for such positions
or employments so determined in the following manner:
a.
Class 1: Other residents of Morris County;
b.
Class 2: Other residents of counties contiguous to Morris County,
specifically Passaic, Sussex, Somerset, Essex, Warren, Hunterdon and
Union;
c.
Class 3: Other residents of the State of New Jersey;
d.
Class 4: All other applicants.
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The Town shall first appoint those in Class 1 and then those
in each succeeding Class in the order above listed and shall appoint
a person or persons in any Class only to a position or positions,
or employment or employments, remaining after all qualified applicants
in the preceding Class or Classes have been appointed or have declined
an offer of appointment. These priorities shall supersede otherwise
applicable Department of Personnel hiring priorities as authorized
by N.J.S.A. 40A:9-1.6.
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[Ord. No. O-4-96 § 4-106
A]
a.
In the event that a municipal officer or employee who is not covered
by N.J.S.A. 40A:14-155 is or may be the target of a criminal investigation
for any act or omission arising out of or incidental to the performance
of his duties as an officer or employee of the Town, the Town shall
provide such officer or employee with legal representation upon compliance
with the following conditions and up to the following maximum monetary
limit:
1.
Provided the Mayor shall recommend such legal representation and
further provided that the Town Council shall have a reasonable belief
that the acts in question were not based upon fraud, actual malice,
willful misconduct or intentional wrongdoing and that the employee
was acting in good faith and within the scope of his or her lawful
duties.
2.
The Town shall pay the defense attorney a rate not exceeding the
hourly rate set in the Municipal Attorney's contract and an amount
not to exceed $2,500.
b.
In the event that a municipal officer or employee who is not covered
by N.J.S.A. 40A:14-155 and who is or may be the target of a criminal
investigation or who is named in a criminal complaint as a defendant
for any act or omission arising out of or incidental to the performance
of his duties as a municipal officer or employee and the investigation
or complaint shall be dismissed or finally determined in favor of
the employee, and where the Town Council specifically finds, after
a recommendation by the Mayor, that the acts in question were not
based upon fraud, actual malice, willful misconduct or intentional
wrongdoing and that the employee was acting in good faith within the
scope of his lawful duties, the Council may reimburse the officer
or employee for legal expenses in connection with the defense. The
reimbursement shall not exceed the hourly rate set in the Municipal
Attorney's contract nor shall the total reimbursement exceed
$5,000 over and above the legal expenses incurred in connection with
the preliminary investigation as provided by Paragraph a above. Upon
recommendation of the Mayor, the Council may, in its discretion, waive
the $2,500 limit set forth above and/or the $5,000 limit.
[Ord. No. O-4-96 § 4-106
B]
In the event that a municipal officer or employee not covered
by N.J.S.A. 40A:14-155 is named as a defendant in a criminal cross-complaint
filed in connection with an enforcement action filed by the municipal
officer or employee in the Municipal Court, arising out of or incidental
to the performance of his or her duties as an officer or employee
of the Town, the Town shall defend the officer or employee by providing
the means for his defense. The Town shall pay the same hourly rate
set in the Municipal Attorney's contract.
[Ord. No. 6-06- § 70-1]
The purpose of this section is to require that all persons who
volunteer their services in any of the Town of Morristown's programs,
whether recreational, public service oriented or related to rescue
and emergency services, shall be required to consent to a criminal
history record check prior to performing any such voluntary services.
Applicants for volunteer positions shall be disqualified from performing
volunteer services if:
[Ord. No. 6-06 § 70-2]
Prior to performing any volunteer services, all applicants for
volunteer positions within the Town of Morristown shall provide a
written consent, on forms to be furnished by the Town, allowing the
Town to perform criminal history record checks on the applicant and
authorizing the Town to exchange fingerprint data and receive criminal
history record information from the Federal Bureau of Investigation
("FBI") and the Division of State Police of the State of New Jersey
("State Police") for use in making the determinations to be made under
this section. Any applicant who refuses to consent to such a background
check will not be permitted to provide volunteer services.
[Ord. No. 6-06 § 70-3]
An applicant for volunteer services shall submit to the Town
of Morristown his or her name and address and fingerprints taken on
standard fingerprint cards by the Police Bureau of the Town of Morristown.
[Ord. No. 6-06 § 70-4]
Upon receipt of the criminal history record information for
an applicant from the FBI and State Police, the Town shall notify
the applicant, in writing, of the applicant's qualification or
disqualification as a volunteer. If the applicant is disqualified,
the conviction(s) which constitute the basis for such disqualification
shall be identified in the written notice to the applicant.
[Ord. No. 6-06 § 70-5]
An applicant shall have 14 days from the date of the written
notice of disqualification to challenge the accuracy of the criminal
history record information. No applicant for volunteer services shall
be disqualified from providing volunteer services without first having
an opportunity to challenge the accuracy of the disqualifying criminal
history record.
[Ord. No. 6-06 § 70-6]
A volunteer applicant shall be permanently disqualified from
volunteer services if the individual's criminal history record
reveals a documentation of conviction(s) for crime(s) or any other
offense(s) for which public school employment candidates are disqualified
pursuant to N.J.S.A. 18A:6-7.1 as follows:
a.
Any crime of the first or second degree (i.e., severe or aggravated
offenses such as murder, aggravated assault, kidnapping, sexual assault);
c.
An offense set forth in N.J.S.A. 2C:24-4 (endangering welfare of
children) and N.J.S.A. 2C:24-7 (endangering welfare of incompetent
person);
d.
An offense as set forth in N.J.S.A. 9:6-1 (child abuse, abandonment,
cruelty or neglect);
e.
An offense as set forth in N.J.S.A. 2C:29-2 (resisting arrest, eluding
officer);
f.
An offense involving the manufacture, transportation, sale, possession-
distribution or habitual use of a "controlled dangerous substance"
as defined in N.J.S.A. 2C:36-1 et seq.;
g.
A crime involving the use of force or the threat of force to or upon
a person or property including, but not limited to, robbery, aggravated
assault, stalking, kidnapping, arson, manslaughter and murder;
h.
A crime as set forth in Chapter 39 of Title 2C of the New Jersey
Statutes (firearms and dangerous weapons);
i.
A third degree crime as set forth in Chapter 20 of Title 2C of the New Jersey Statutes (theft and related offenses);
j.
A crime as listed below:
1.
Recklessly endangering another person N.J.S.A., 2C:12-2;
2.
Terrorist threats, N.J.S.A. 2C:12-3;
3.
Criminal restraint, N.J.S.A. 2C:13-2;
4.
Luring, enticing a child into a motor vehicle, structure or isolated
area N.J.S.A. 2C:13-6;
5.
Causing or risking widespread injury or damage, N.J.S.A. 2C:17-2;
6.
Criminal mischief, N.J.S.A. 2C:17-3;
7.
Burglary, N.J.S.A. 2C:18-2;
8.
Usury, N.J.S.A. 2C:21-19;
9.
Threats and other improper influence, N.J.S.A. 2C:27-3;
10.
Perjury and false swearing, N.J.S.A. 2C:28-3;
11.
Escape, N.J.S.A. 2C:29-5.
k.
Or, conspiracy to commit or to attempt to commit any of the crimes
described hereinabove.
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For the purposes of this section, a conviction exists if the
individual has at any time been convicted under the laws of this State
or under any similar statutes of the United States or any other state
for a substantially equivalent crime or other offense.
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[Ord. No. 6-06 § 70-7]
If an applicant's criminal history record check reveals
that charges are pending for a crime or any other offense as enumerated
in N.J.S.A. 18A:6-7.1, the applicant shall be notified that he or
she is not eligible to provide volunteer services until the Town Council
of the Town of Morristown has made a determination regarding qualification
or disqualification upon adjudication of the pending charges.
[Ord. No. 6-06 § 70-8]
The Town of Morristown may maintain the criminal record and
application documents on an applicant for no longer than three years
from the date of determination as to the candidate's qualification
or disqualification for volunteer service. All documents submitted
by a candidate and all criminal history record information shall be
maintained by the Town of Morristown in a confidential manner.
