Borough of Point Pleasant, NJ
Ocean County
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Table of Contents
Table of Contents
Editor's Note: The Salary Ordinance is on file in the office of the Borough Clerk.
[Ord. #790, A 1]
The purpose of this Chapter is to prescribe procedures and rules to provide a modern, efficient personnel system based upon merit and fitness and to insure that applicants and employees are treated fairly and impartially.
[Ord. #790, A 2]
The provisions of the Civil Service Act of the State of New Jersey, Title II of the Revised Statutes of the State of New Jersey, having been adopted by the voters of the Borough of Point Pleasant at the election held on the Third Day of November, 1959, shall govern all classified employees of said Borough.
[Ord. #790, A 3]
For the purpose of this Code:
FULL TIME EMPLOYEE
shall apply to those who work for full business day and full business week.
PART TIME EMPLOYEE
shall apply to those who work less than a full business day and/or full business week.
PERMANENT EMPLOYEE
Those who have attained recognition of status from the New Jersey Civil Service Commission.
PROBATIONARY EMPLOYEE
shall apply to those who have been appointed to a position pending an examination and completion of a working test period.
SEASONAL EMPLOYEE
shall apply to those who work only for a specified period or season of the year.
TEMPORARY EMPLOYEE
shall apply to those who have been appointed to a temporary position for not more than four (4) months.
[Ord. #790, A 4]
The Council does hereby declare the following principles to constitute the personnel policy of the Borough:
a. 
The New Jersey State Civil Service Law and Rules which shall be applicable to municipalities in the State shall provide the basic framework for employment in the Borough government.
State Law Reference: As to State Civil Service law generally, see N.J.S.A. 11:1-1 et seq.
b. 
Employment in the Borough government shall be based on merit and fitness free of personal and political considerations.
c. 
Just and equitable incentives and conditions shall be established and maintained in order to promote efficiency and economy in the operation of the Borough government.
d. 
Positions with comparable duties and responsibilities shall be classified and compensated on a uniform basis.
e. 
Appointment, promotions and other personnel actions requiring the application of the merit principle shall be based on systematic tests and evaluations of knowledge and performance, and where appropriate, these shall be carried out through the Borough's participation in the New Jersey State Civil Service system.
f. 
Every effort shall be made to stimulate high morale by fair administration of this Chapter and by consideration of the rights and interest of employees, consistent with the best interests of the public and the Borough.
g. 
Continuity of employment shall be subject to good behavior, satisfactory performance of work, necessity for the performance of work and availability of funds.
h. 
Point Pleasant shall not discriminate in its employment practices on the basis of race, color, religion, age, sex, ancestry or national origin.
[Ord. #790, A 4]
a. 
All appointments for which no other provisions are made by or pursuant to law shall be made by the Mayor with the consent of the Council pursuant to N.J.S.A. 40:87-16.
b. 
Each appointing authority shall set the salary of its appointees by resolution.
c. 
In the case of appointments consented to or made by the Council, no salary shall be fixed except by the vote of a majority of the Council present at the meeting, provided that at least three (3) affirmative votes shall be required for such purpose, the Mayor to have no vote on such matters except in the case of a tie.
[Ord. #790, S 4]
a. 
All offices and positions of the Borough shall be and are hereby allocated to the classified service and unclassified service.
b. 
The unclassified service shall include the following:
1. 
All elected officials and members of citizen boards and committees;
2. 
Municipal Administrator, Clerk, Deputy Clerk, Borough Assessor, Collector of Taxes, Director of Welfare, Treasurer, Judge of Municipal Court, Attorney for the Planning Board, Attorney for the Board of Adjustment and Borough Attorney;
3. 
Volunteer personnel and personnel appointed to service without compensation;
4. 
Consultants and counsel rendering temporary professional service; and
5. 
All other offices or positions that are so listed as unclassified by N.J.S.A. 11:22-2.
c. 
The classified service shall include all other positions in the Borough's service that are not specifically placed in the unclassified service by statute or which are not excluded from the classified service by N.J.S.A. 11:22-2.
[Ord. #873, S 1]
Any person making application for employment with the Borough shall be required to submit to a criminal history check by the State Bureau of Identification, and fingerprinting, which shall be processed by the Borough of Point Pleasant Police Department.
[Ord. #790, A 5]
a. 
The Municipal Administrator shall make or cause to be made an analysis of the duties and responsibilities of all full-time positions in the Borough except his own position.
b. 
He/she shall recommend to the Council a position classification plan. The salary and wage schedule adopted by Council shall identify the position classification. Within thirty (30) days after adoption of such salary and wage schedule, the Municipal Administrator shall assign each employee to an appropriate class in accordance with such schedule and with the approval of the Civil Service Department of the State of New Jersey.
[Ord. #790, A 5]
State Law Reference: As to classification of employees, standards of salaries or wages, see N.J.S.A. 11:24-1 et seq.
a. 
Each employee shall be assigned or allocated to an appropriate job classification on the basis of the kind and level of his duties and responsibilities to the end that all positions in the same job class shall be sufficiently alike to permit the use of a single descriptive title, the same tests of competence and the same salary range, thus carrying out the basic principle of classification which is equal pay for equal work.
b. 
A job class may contain one (1) position or a number of positions. The Municipal Administrator shall from time to time review the job classes and submit a report thereof to the Council.
[Ord. #790, A 5]
a. 
The position classification plan may be amended from time to time by the Council. Such changes may result from the need for creating new positions, changes in organization, or changes in assigned duties and responsibilities.
b. 
The Municipal Administrator shall review all requests for creation of new positions, the abolition or consolidation of present positions, reclassification of positions to different job classes, or the reallocation of positions to new salary ranges. In such review, he/she shall study the current duties and responsibilities of the position concerned and take appropriate action, with the approval of the Civil Service Department of the State of New Jersey, necessary to insure the correct classification and allocation of the position.
c. 
Each Department Head shall report to the Municipal Administrator any changes in his organization or assignment of duties and responsibilities to a given employee which would result in changes in the position classification plan or in the classification of any of the positions in his department.
d. 
An employee may submit a request in writing to the Municipal Administrator at any time for a review of the duties and responsibilities of his position. Such a request shall be submitted through his Department Head and shall include the employee's own description of his current duties and responsibilities. the Municipal Administrator shall then make an investigation of the position to determine his correct allocation. He/she shall report his findings in writing to the Council and furnish a copy to the employee requesting the review and to his Department Head.
[Ord. #790, A 6]
a. 
The schedules of positions, salary and wage ranges of Borough personnel, the amendments and supplements thereto, are hereby adopted by reference and made a part of this Code with the same force and effect as though set forth in full herein.
b. 
At least three (3) copies of such schedules shall be maintained on file in the Office of the Clerk for the use and inspection by the public.
[Ord. #790, A 6]
a. 
After each class or position has been assigned to a salary range and the pay plan and rules for its administration have been approved by the Council, each employee shall be advised of his rate of pay and the salary range to which his position title has been assigned. When an employee attains the maximum rate of this salary range for his position, he/she shall not receive further salary increases, unless:
1. 
His position is reclassified;
2. 
He/she is promoted to another position having a higher salary range;
3. 
His position's salary range is increased;
4. 
He/she is given a longevity increase; or,
5. 
A general salary increase is granted to all employees.
[Ord. #790, A 6]
a. 
A new employee shall be paid at the minimum of the approved salary range for the position to which he/she is appointed.
b. 
In exceptional cases, an employee may be appointed at a rate above the minimum, but not in excess of one (1) step below the maximum.
[Ord. #790, A 6]
An employee demoted for disciplinary reasons to a job class having a lower salary range, shall receive such salary as the appointing authority shall specify. Such salary shall not exceed the maximum step of the lower salary range.
[Ord. #790, A 6]
When an employee is reinstated following a layoff for reasons of economy to a position in the same classification, he/she will enter the position at the same step in the salary range as he/she held prior to being laid off. Except for the period of time of the layoff, his service will be considered continuous for the purposes of promotion, seniority, layoff and vacation.
[Ord. #790, A 6]
a. 
When an employee is reemployed following a resignation in good standing to a position in the same classification, he/she will enter the position at a salary step, within the appropriate range, as determined by the Council.
b. 
At the discretion of the Council, his service may be considered continuous for purposes of vacation. In no case shall service be considered continuous for purposes of promotion, seniority or layoff.
c. 
In the case of reemployment within two (2) years of a resignation in good standing, an employee may be rehired at the same title without examination by the Civil Service Department of the State of New Jersey, provided no promotional or special employment lists exist for the title.
[Ord. #790, A 6]
If an employee is transferred or reassigned into another Department within the Borough service, his service will be considered continuous for the purposes of promotion, seniority, layoff and vacation.
[Ord. #790, A 6]
a. 
The Borough normally shall pay its employees on a biweekly payroll schedule, that is, once in every two (2) weeks, or a total of twenty-six (26) times annually. Each payroll period shall consist of ten (10) working days, so that the daily rate of pay of each employee normally shall be 1/260 of his annual salary.
b. 
The hourly rate shall be computed by dividing the weekly rate by the number of hours in the employee's prescribed workweek.
[Ord. #790, A 6]
Deductions in salary for leave without pay shall be computed on the basis of hourly rate as prescribed in subsection 14-6.8
[Ord. #790, A 6]
a. 
A salary increment may be granted to an employee when it is certified to the Municipal Administrator in writing by the Department Head, and to the appointing authority by the Municipal Administrator, that based on an evaluation of the employee's performance, a salary increment is justified. Salary increments are not automatic and will only be granted when the employee's performance evaluation is satisfactory or better.
b. 
The Department Head may recommend to the Municipal Administrator and to the appointing authority the withholding or denying of an increment based on an evaluation of the employee's performance. If the increment is withheld, the employee's performance should be reevaluated during the year. If the second evaluation shows the employee's performance has improved sufficiently, the increment may be reinstated either retroactively or at any point in the year as may be approved by the appointing authority.
c. 
In addition to the provision for a merit increment a limited number of employees rated as outstanding may be rewarded with an additional stipend. The decision for such a reward will be made by the Council based on recommendations of the Municipal Administrator. Such decisions by the Council will be based on:
1. 
The content of the supervisor's evaluation.
2. 
The employee's employment record over the year being evaluated, and
3. 
An equitable distribution of the additional merit stipend by department and salary grade within the Borough work force;
4. 
Availability of funds.
d. 
If an employee's position is upgraded or if an employee is promoted, the new salary shall be set at the next highest salary in the higher grade provided that the increase shall be no less than five (5%) percent.
e. 
Salary increments which are granted shall take effect on the first day of the month of the employee's anniversary.
[Ord. #790, A 7]
a. 
All candidates for employment by the Borough shall be citizens of the United States and residency preference shall be granted in conformance with the provisions of Section 14-18.
b. 
Original appointments to vacancies in the Borough shall be based upon merit, fitness and ability which shall be determined by competitive examinations insofar as practicable. The appointments shall be in accordance with the Civil Service Rules of the State of New Jersey.
c. 
An applicant for employment may be rejected when he/she:
1. 
Is not qualified for the position.
2. 
Is physically unfit for the position.
3. 
Is addicted to the habitual or excessive use of drugs or intoxicants.
4. 
Has been convicted of any crime which has not been expunged, including disorderly persons offenses involving moral turpitude, when the crime relates adversely to the position for which he/she or she has applied and will not preclude denial of employment for job related reasons.
5. 
Has been dismissed from previous employment for delinquency, insubordination or misconduct.
6. 
Has practiced or attempted to practice any deception or fraud in his application or in furnishing other evidence of eligibility for appointment.
7. 
Is not within age limits established for the position.
[Ord. #790, A 7]
In the absence of an appropriate list or for the filling of temporary or seasonal positions, or temporarily in the case of emergencies, vacancies may be filled by temporary appointments by the appointing authority. Such temporary appointments shall have a maximum duration of four (4) months.
[Ord. #790, A 7]
a. 
Pending the establishment of an appropriate eligible list, vacancies in permanent competitive positions may be filled by provisional appointments. Such appointments shall continue only until an appropriate eligible list is established.
b. 
Such provisional employees must possess minimum qualifications established for the vacant positions.
[Ord. #790, A 7]
a. 
The Municipal Administrator may require any job applicant to submit to a physical examination by a physician designated by the Borough.
b. 
At its discretion, the Council may require psychological and psychiatric examinations by a psychologist or psychiatrist.
c. 
A criminal history and employment background check shall be performed on all persons recommended for appointment.
[Ord. #790, A 7]
a. 
Except for police officers, all employees appointed permanently to the classified service shall serve a probationary period of three (3) months. During the probationary period, the appointing authority may discontinue the service of such employee if, in its opinion, the employee is unwilling or unable to perform the duties of his position in a satisfactory manner, or if the employee is of such reputation and habits as not to merit continuance in the service of the Borough. In every case the appointing authority shall notify the employee in writing of the discontinuance and of the Department of Civil Service of the State of New Jersey.
b. 
Between the fortieth (40th) and fiftieth (50th) day and between the eightieth (80th) and ninetieth (90th) day of a probationary period, the Department Head shall make, or cause to be made, written evaluations of the employee's performance to date. One (1) copy of each evaluation must be presented to the Borough Administrator.
c. 
A three (3) month probationary period shall also pertain to an employee promoted permanently to a higher classification. Such probationary status will in no way affect the rights and status in the original or lower classification.
d. 
Each new police officer shall be required to satisfactorily complete a basic Police Training Program recognized by the New Jersey Police Training Commission during the first year and prior to receiving a permanent appointment. The probation period for police officers shall be one (1) year following the completion of the Training Program.
[Ord. #790, A 7]
a. 
Classified employees who satisfactorily complete their probationary period shall have permanent employment status, conditioned upon good behavior and satisfactory job performance.
b. 
They shall be subject to removal by the appointing authority only for cause or for reason of economy or efficiency, after proper notice and the opportunity to be heard, as set forth under the Civil Service Rules of the State of New Jersey.
[Ord. #790, A 8]
a. 
Promotion means an advancement to a new classification having:
1. 
New duties of greater difficulty and responsibility.
2. 
A salary grade with higher maximum.
b. 
Upgrade means advancement to a new salary grade resulting from:
1. 
Reevaluation of the duties and responsibilities of the position in relation to comparable classifications.
2. 
The assignment of some additional responsibilities to the position.
[Ord. #790, A 8]
a. 
Vacancies shall be filled by utilizing competitive promotional examinations, in accordance with the Civil Service Rules of the State of New Jersey.
b. 
Where the appointing authority, after consultation with the New Jersey Civil Service Department, finds that no employee is qualified for promotion to the vacancy, the appointing authority may order a competitive examination, open to candidates outside the Borough's employ. In post-examination selection, the appointing authority shall give appropriate consideration to the applicant's qualifications, record of past performance, and the length and quality of his service, as well as any veteran's preference rights to which he/she may be entitled.
c. 
Selection shall be made from the top three (3) interested candidates, as determined by the examination process of the Civil Service Department of the State of New Jersey.
[Ord. #790, A 8]
Pending the availability of a suitable eligibility list, the Council may fill vacancies by a provisional promotion.
[Ord. #790, A 8A]
a. 
The Municipal Administrator shall develop, design, and put into effect, a personnel evaluation system that will document the performance of all Borough employees, except for sworn police personnel.
[Ord. #790, A9; Ord. #96-26, S 1]
a. 
The normal and full business work week for managerial and clerical employees shall be thirty-two (32) hours, 8:30 a.m. to 4:00 p.m., Monday through Thursday and 9:00 a.m. to 4:00 p.m. on Friday.
b. 
The normal and full business work week for Public Works managerial and blue collar workers shall be forty (40) hours, 7:30 a.m. to 4:00 p.m., Monday through Friday.
c. 
The normal and full business work week for sworn Police employees shall be forty (40) hours.
d. 
The hours for particular employees may vary depending upon Borough needs.
[Ord. #790, A 10]
Unionized employees shall be entitled to such holidays and vacation, sick and personal and compensatory leave as may be negotiated by their respective employee groups.
[Ord. #790, A 10; Ord. #878, S 1; Ord. #880, S 1]
a. 
White-collar, non-unionized employees shall be entitled to the same holidays and vacation, sick, personal leave as may be negotiated by the Clerical Workers Union.
b. 
White-collar, non-unionized, managerial employees shall not be entitled to overtime payment; however, compensatory time calculated on a straight-time basis may be given at the discretion of the Administrator.
[Ord. #790, A 10; Ord. #878, S 2]
a. 
Supervisors in the Department of Public Works shall be entitled to the same holidays and vacation, sick and personal leave and overtime benefits as may be negotiated by the employee group representing non-managerial, blue collar employees in the department.
b. 
The Superintendent and Assistant Superintendent of Public Works shall be entitled to the same leave benefits as the supervisors, but they shall not be entitled to overtime payments. However, compensatory time may be given at the discretion of the Administrator.
[Ord. #790, A 10]
a. 
Permanent part-time employees are eligible for vacation leave on a prorated basis. Temporary part-time and seasonal employees shall not be eligible for vacation leave.
b. 
An accumulative total of no more than five (5) vacation days may be carried over to a subsequent year unless special permission is given by the Council.
c. 
Vacation leave shall be scheduled subject to the approval of the employee's supervisor.
[Ord. #790, A 10]
a. 
At the time of separation from service, the employee shall be entitled in time or in pay to any full days' vacation accumulated and not previously used within the prior calendar year. If the employee has used anticipated, but unearned, vacation leave he/she must make compensation for the time used.
b. 
Employees may not be paid for vacation leave earned and not used, except at the termination of employment or with the approval of the Council.
[Ord. #790, A 10]
a. 
As used herein, sick leave means paid leave that may be granted to each full-time classified and unclassified Borough employee who through sickness or injury becomes incapacitated to a degree that makes it unreasonable for him/her to perform the duties of his position or who is quarantined by a physician because he/she has been exposed to a contagious disease.
b. 
Part-time permanent employees are eligible for sick leave on a prorated basis. Temporary part-time and seasonal employees are not eligible for sick leave.
[Ord. #790, A 10]
a. 
In the first calendar year of employment, full time employees shall be entitled to one (1) day of sick leave for each month of employment. Every year, thereafter, full time employees shall be entitled to fifteen (15) sick days per year.
b. 
Sick leave can be accumulated without limit during each employee's length of service.
[Ord. #567, SS 71-1—71-5; Ord. #790, A 10; Ord. #2003-35, SS 1, 2; Ord. #2004-05, SS 1, 2]
a. 
An employee completing a minimum of ten (10) years of full time employment with the Borough who has accumulated sick time shall be entitled to same upon termination of employment with the Borough upon the conditions set forth in this Section.
b. 
Compensation for accumulated sick time shall be paid at the pay rate in effect as of the employee's retirement date.
c. 
Employees shall notify the Borough Council by December 1st of the year prior to retirement so that the Borough can properly budget the funds. If requested by the retiring employee, the Borough Council will agree to either pay the entire amount due to the retiring employee in a lump sum, within thirty (30) days after the final adoption of the annual budget or, at the option of the retiring employee, over a three (3) year period, in equal lump sum payments, without interest. Under that circumstance the first one-third (1/3) payment would be due within thirty (30) days after the final adoption of the annual budget. The second and third one-third (1/3) payments would be due within thirty (30) days after the final adoption of the annual budget on successive years.
d. 
In the event of the death of an employee, the accumulated sick time shall be paid over to employee's beneficiary as designated in the employee's pension file.
e. 
In no event shall an employee be compensated for accumulated sick time in an amount greater than sixty (60%) percent of his annual salary (base salary plus longevity) as of the year of employment termination.
f. 
An employee who is removed from the service for just cause, shall not be entitled to compensation for unused sick time, notwithstanding the above.
[Ord. #790, A 10]
a. 
When an employee is absent from work because of illness for more than three (3) consecutive days, his supervisor may require the employee to submit a certificate from a physician relating to his illness.
b. 
An employee who has been absent on sick leave for periods totaling fifteen (15) days in one (1) calendar year consisting of periods of less than five (5) days, shall submit acceptable medical evidence for any additional sick leave in that year unless such illness is of a chronic or recurring nature requiring recurring absences of one (1) day or less in which case only one (1) certificate shall be necessary for a period of six (6) months.
c. 
The Borough may require proof of illness of an employee on sick leave, whenever such requirement appears reasonable. Abuse of such leave shall be cause for disciplinary action.
d. 
The Municipal Administrator may schedule medical examinations for all Borough employees annually, or more frequently if required to determine whether an employee is capable of performing his normal duties.
[Ord. #790, A 10]
a. 
For purposes of sick or death leave, immediate family means the employee's spouse, child, and his or his spouse's parent or his brother or sister or any member of the immediate household, or one standing in a similar relationship to such employee, as determined by the Borough Administrator.
b. 
Accumulated sick leave may be used by an employee for personal illness, or illness in his immediate family, (in which case it shall not exceed five (5) working days in one (1) calendar year without the approval of the Municipal Administrator), quarantine restrictions, pregnancy, or disabling injuries.
[Ord. #790, A 10]
a. 
In the event of a death in the immediate family of the employee, an employee shall be entitled to not more than three (3) days leave with pay. In the event of the death of an employee's aunt, uncle, first cousin, or grandparent, an employee shall be entitled to not more than one (1) day leave with pay. Such "death in the family" leave shall begin within five (5) days of the death in the immediate family.
[Ord. #790, A 10]
a. 
In the event that an employee wished to observe a religious or national holiday for which no regular holiday has been declared, he/she may charge the time off to accumulated vacation leave, provided he/she receives prior approval from his supervisor and the needs of the Borough permit it.
b. 
In the event that an employee is required to serve jury duty, he/she shall be paid his regular rate of pay upon presentation of proper evidence of jury service.
[Ord. #790, A 10]
a. 
When a full time Borough employee other than a temporary, part-time or season employee is injured or disabled as a result of or arising out of his or her employment, the Department Head with the approval of the Municipal Administrator, may grant leave as deemed required by the Workmen's Compensation Panel Doctor or the Borough Physician and as indicated in writing, for a period not exceeding one (1) year.
b. 
When a leave of absence has been granted pursuant to Paragraph (a) of this Section, the officer or employee shall not be charged with any sick leave time for time lost due to such particular injury or disability.
c. 
There shall be no accumulation of sick and vacation benefits after six (6) consecutive months use of job related sick and injury leave.
d. 
Any amount of salary or wages paid or payable to an employee shall be reduced by the amount of worker's compensation awarded under New Jersey Worker's Act for temporary disability or from a possible legal settlement from a judgment against the person or persons responsible for the injury. It shall be the responsibility of the Department Head to enforce such provisions, and, where necessary, an employee may be required to execute documents to implement this provision.
e. 
It shall be the obligation of any employee to return to work as soon as that employee has been advised by his treating physician or the physician for the Worker's Compensation insurance carrier, or the Borough physician, that said employee is able to return to work to perform the functions of the employment position. The Borough may require that an employee out on disability leave present the Borough with a certification from a duly licensed physician that said employee is able to return to work to perform the duties of the employment position. The Borough shall also have the option to require that this certification be by the Borough physician.
f. 
The Borough may, at its option, require the employee to submit to an examination by the Borough physician to determine whether the employee may be able to perform said other functions of his employment position as will not jeopardize or endanger his health or otherwise exacerbate the occupational injury or disease which is the cause of the disability.
[Ord. #790, A 10]
a. 
Maternity leave may be granted for a period of six (6) months, provided the request for such leave is made in writing to the Council no later than the fourth (4th) month of pregnancy.
b. 
This leave may be extended for an additional six (6) months with the approval of the appointing authority.
c. 
Such leave, if granted, shall be without pay. Under no circumstances, shall an employee work beyond the sixth (6th) month of her pregnancy.
[Ord. #790, A 10]
a. 
Any full time employee or any part-time permanent employee who is a member of the National Guard, Naval Militia, Air National Guard, or a reserve component of any of the Armed Forces of the United States and is required to engage in field training, shall be granted a military leave of absence with regular pay for the period of such training as authorized by law. This paid leave of absence shall be in addition to his vacation. Permanent part-time employees shall receive pay for such leave on a prorated basis. The Department Head shall have such discretion as permitted by law to require that such leaves be scheduled so as not to unduly disrupt the Borough's operation.
b. 
When a full time or part-time permanent employee has been called to active duty or inducted into the military or naval forces of the United States, he/she shall be granted an indefinite leave of absence without pay for the duration of such active military service, provided he/she does not voluntarily extend such service.
c. 
Each employee must be reinstated without loss of privileges, seniority, or pension rights if he/she reports for duty with the Borough within sixty (60) days following his honorable discharge from military service. It is requested he/she notify the Borough of his intent to report for duty thirty (30) days prior to his discharge from military service.
[Ord. #790, A 10]
a. 
Compensatory leave, when granted, must be scheduled and used within ninety (90) days from the time earned, unless otherwise requested by the employee and approved by the Department Head.
[Ord. #790, A 10]
a. 
Leave without pay may be granted to full time and part-time permanent employees and to full time unclassified employees. Normally, it shall be granted only when the employee has used his accumulated sick and vacation leave in the case of illness, or his vacation leave or leave without pay is requested for reasons other than illness.
b. 
Written request for leave without pay must be initiated by the employee, favorably endorsed by the Supervisor and approved by the Council.
c. 
Such leave, except for military leave without pay, shall not be approved for a period of longer than six (6) months at one (1) time.
[Ord. #790, A 10]
a. 
A request for any type of leave shall be made on a form prescribed by the Municipal Administrator and is subject to approval by an employee's supervisor. Such request, whenever possible, shall be made far enough in advance to permit approval, and at the same time, to permit coverage for the particular employment so the Borough services will not suffer.
b. 
In the case of sick leave, the employee shall notify his supervisor no later than at the commencement of the work day.
c. 
Failure to file a request for leave on the appropriate form, or to notify the supervisor in the case of sick leave, may be cause of denial of use of paid leave for that absence and constitute cause for disciplinary action.
[Ord. #790, A 11]
a. 
It shall be the declared policy of the Borough to appoint all employees, either classified or unclassified, without regard to political consideration.
b. 
For the purposes of this Section, Borough employees are defined to include full time temporary, provisional, probationary, permanent, and part-time personnel appointed by the Borough and receiving an hourly or annual reimbursement for their services from the Borough.
[Ord. #790, A 11]
a. 
No officer or employee shall engage in any political activities during working hours or within Borough buildings or on Borough property.
b. 
No Borough officer or employee shall directly or indirectly use or seek to use his authority or official influence to control or modify the political action of another person.
c. 
No person in Borough employ shall invite, demand, or accept payment or contribution from Borough employees for political campaign purposes during working hours or within Borough buildings or on Borough property.
d. 
Nothing in this Section shall be construed to prevent Borough employees from:
1. 
Becoming or continuing to be members of any political party, club or organization;
2. 
Attending political meetings;
3. 
Expressing their views on partisan political matters outside of working hours and off Borough premises;
4. 
Circulating petitions on a public question; or
5. 
Voting with complete freedom in any election.
[Ord. #790, A 11]
Borough employees, whose principal employment is in connection with any activity, financed in whole or in part by loans or grants made by the United States or by any Federal agency, may also be subject to the restrictions of the Federal Hatch Act. The Hatch Act restrictions apply only to political activity which is partisan.
[Ord. #790, A 11]
Violation of any subsection of this Section shall be deemed sufficient cause for suspension or dismissal from the Borough's service.
[Ord. #790, A 12]
a. 
An employee who is injured in the performance of his duties shall immediately report the accident to his supervisor, and shall complete a form provided for such reports.
b. 
The completed accident report form shall be submitted to the employee's supervisor, who shall review the circumstances of the accident and render a written report on his findings. A copy of the accident report and supervisor's report shall be sent to the Municipal Administrator.
[Ord. #790, A 12]
a. 
Employees shall not accept outside employment or engage in outside business activities if there is reasonable probability that:
1. 
Such outside employment will interfere with an employee's performance or compromise an employee's position with the Borough through a conflict of interest; or
2. 
If such employment shall exceed twenty (20) hours per week.
[Ord. #790, A 12; Ord. #14-2009, S 1]
a. 
The Municipal Administrator and Department Heads may, from time to time, establish, amend and supplement rules and regulations for governing the internal operations of any Department and the conduct and deportment of its personnel. Except for the Police Department, such departmental rules and regulations shall not be inconsistent or in conflict with the provisions of any statute of this State, this Chapter, or other Borough ordinances.
b. 
Except for the Police Department, the rules and regulations shall be in writing, approved by the Municipal Administrator, and filed in the office of the Clerk. They shall be binding on all persons subject to the jurisdiction of the Department.
c. 
A written copy of such rules and regulations shall be distributed to the personnel of the Department affected thereby.
d. 
Police Department rules and regulations adopted by the Council pursuant to subsection 2-8.8 of this Code shall take precedence over inconsistent personnel policies enunciated in this Chapter.
e. 
"Commercial Drivers Licenses Drug and Alcohol Testing Policy" (the "Testing Policy"). A true copy of the Testing Policy is on file in the office of the Borough Clerk and is incorporated herein by reference as if set forth more fully herein and repeated at length.
[Ord. #790, A 12]
a. 
The Borough Clerk shall provide that adequate personnel records are maintained for each employee of the Borough.
b. 
The records should include dates of appointments and promotions, job titles, salaries, commendations, disciplinary actions, leave of any type taken and accumulated, merit ratings, and any related matters.
[Ord. #790, A 13]
Classified employees who have acquired permanent employment status, as provided in subsection 14-7.6, may be temporarily suspended from the Borough's employ by layoff or suspension, or permanently separated by resignation or dismissal, subject at all times to the rules and regulations of the Civil Service Department of the State of New Jersey.
[Ord. #790, A 13]
a. 
Whenever there is a lack of work or a lack of funds requiring a reduction in the number of employees in a Department of the Borough government, the required reductions shall be made in such job classifications or classifications as the Council may designate.
b. 
As determined by the appointing authority, employees shall be laid off in the inverse order of their length of service within each affected job class in a particular Department. All provisional employees shall be laid off before probationary employees, and all probationary employees shall be laid off before any permanent employee. Permanent employees including those on probationary status so affected shall be given a minimum of forty-five (45) days notice. Provisional employees so affected shall be given a minimum of two (2) weeks notice or two (2) weeks pay in lieu thereof.
[Ord. #790, A 13]
a. 
Retirement from the Borough's service shall be mandatory at age seventy (70) but for non-uniformed employees, service may be extended on an annual basis upon recommendation of the Municipal Administrator and approval of the Council.
[Ord. #790, A 13]
a. 
Employees may tender a written resignation to their supervisor who in turn shall forward it to the Municipal Administrator. Unless there are disciplinary charges pending against the employee or for other good cause, the Municipal Administrator shall notify the employee in writing of acceptance of his resignation in good standing.
b. 
An employee shall give a minimum of two (2) weeks notice before the effective date of his resignation. Failure to do so may result in a resignation not in good standing, and in a loss of vacation and sick day credits.
c. 
An oral resignation may be considered as binding but not as being a resignation in good standing.
[Ord. #790, A 13]
a. 
An employee or officer may be dismissed from the service, demoted, fined, suspended or otherwise disciplined for cause.
b. 
Any one (1) of the following shall be cause for such action although such action may be made for sufficient cause other than those listed:
1. 
Neglect of duty;
2. 
Absence without leave or failure to report after authorized leave has expired or after such leave has been disapproved or revoked;
3. 
Incapacity due to mental or physical disability, incompetency or inefficiency;
4. 
Insubordination or serious breach of discipline;
5. 
Intoxication while on duty;
6. 
Conviction of any criminal act;
7. 
Participating in any political activity prohibited by Section 14-11 of this Chapter;
8. 
Disobedience of the departmental rules and regulations established pursuant to subsection 14-12.3 of this Chapter;
9. 
Chronic or excessive absenteeism;
10. 
Disorderly or immoral conduct;
11. 
Willful violation of any of the provisions of the Civil Service Statutes, rules and regulations or other statutes relating to the employment of public employees;
12. 
Negligence of or willful damage to public property or waste of public supplies;
13. 
The use or attempt to use one's authority or official influence to control or modify the political action of any person in the service or engaging in any form of political activity during working hours;
14. 
Conduct unbecoming a public employee;
15. 
Chronic or excessive lateness;
16. 
Violation of the Ethics Code.
[Ord. #790, A 13; Ord. #2004-04, S 1]
a. 
Police Department employees shall be disciplined under authority provided under Police Department rules and regulations promulgated under subsection 2-8.8 of this Code.
b. 
The Municipal Administrator shall investigate complaints against non-police employees and shall have the authority to suspend or fine such employees for a period not to exceed fifteen (15) days in any twelve (12) month period for any reason listed in subsection 14-13.5 of this Code. He/she shall also have the authority to recommend to the Mayor and Council that additional disciplinary action be taken. Disciplinary actions of the Municipal Administrator may be appealed by the affected employee providing that the first step of the formal written grievance process, as outlined in subsection 14-14.3a. of this Code, is initiated no later than two (2) working days after being informed of the action.
[Ord. #790, A 13]
Temporary or provisional employees may be involuntarily separated from the Borough employment at any time for any cause related to the employment which shall be deemed by the Council to be detrimental to the best interest of the Borough.
[Ord. #790, A 13]
a. 
Scope of Section. Unless a New Jersey statute or a provision of this Code provides otherwise, this section shall govern proceedings in all cases where the Borough or any of its officers, agents or employees are required to give any person an opportunity to be heard, either on appeal or before taking action.
b. 
Hearing Authority Designated. For the purpose of this Section, "hearing authority" shall mean the officer or body authorized to conduct a hearing.
c. 
Notice of Hearing; Subpoena Power. In all cases where a hearing is mandatory, notice shall be given which shall conform to the following requirements:
1. 
Contents. The notice shall be in writing and shall specify the grounds on which the proposed action is based and the time and place of the hearing, which hearing shall be within a reasonable time after the service of the notice.
2. 
Service. Notice may be served either personally upon the person or by mailing a copy to him/her by certified mail at his last known address. Service on a tenant or occupant may be made in the foregoing manner or by leaving a copy of the notice at the premises with any occupant of suitable age and discretion.
3. 
Subpoena Power. The hearing authority shall have the power to subpoena witnesses and documentary evidence with regard to all hearings under N.J.S.A. 2A:67A-1.
d. 
Notice of Hearings on Appeals. In all cases where a person is appealing from the action or decision of an officer, agent or employee of the township, as well as in all cases where a hearing is required to be held only upon the request of the person affected, notice of the appeal or request for a hearing shall be given in writing to the hearing authority personally by mail within ten (10) days after the person affected is notified of the action or decision of the township or its officer, agent or employee. The hearing authority shall fix a time and place for a hearing, which shall be within a reasonable time after the notice of appeal or request for hearing is filed, and written notice of the time and place for the fixed hearing shall be given to the person affected.
e. 
Hearing Procedure.
1. 
At the hearing any person in interest shall have the right to be represented by an attorney, to testify himself or to present witnesses in support of his position, to cross-examine opposing witnesses and, at his own expense, to have a stenographic record made of the proceedings. This subsection shall not be construed to prevent the hearing authority from imposing reasonable limitations upon the number of witnesses who may testify or the length of time allowed for the examination or cross-examination of any witness or making any other reasonable rule or regulation designed to insure that hearings are conducted in fair, orderly and expeditious manner.
2. 
All decisions shall be rendered in writing and shall be signed by the officer or chairman of the body authorized to conduct the hearing. In the event that the Council is the body conducting the hearing, a decision shall be rendered within fifteen (15) days of the conclusion of the hearing and approved at a public meeting. In the event that an official of the Borough conducts a hearing, the official shall render a written decision within ten (10) days of the conclusion of the hearing and delivered to all parties.
[Ord. #790, A 14]
It is the policy of the Borough that every employee at all times be treated fairly, courteously, and with respect. Conversely, each employee is expected to accord the same treatment to his associates, supervisors and to the public.
[Ord. #790, A 14]
a. 
Whenever an employee has a grievance, he/she should first present it verbally, or in writing if the employee chooses, to his immediate Supervisor. It is the responsibility of the Supervisor to attempt to arrange a mutually satisfactory settlement of the grievance within three (3) working days after it was first presented to him/her or failing in that, must within that time advise the employee of his inability to do so.
b. 
When an employee is informed by his Supervisor that he/she is unable, within the discretion permitted him/her, to arrange a mutually satisfactory solution to the grievance, the employee must, if he/she wishes to present the grievance to higher authority, do so in the manner prescribed in subsection 14-14.3.
[Ord. #790, A 14]
a. 
The employee shall prepare the grievance in writing in duplicate. The grievance should be stated as completely and as clearly as possible, in order to permit prompt handling. One (1) copy of the grievance shall be immediately placed in the hands of the Department Head.
b. 
The other copy of the grievance shall be presented by the employee to his immediate Supervisor to whom the grievance was made verbally. The Supervisor will report the facts and events which led up to its presentation in writing, including in his written report any verbal answer he/she may have previously given to the employee concerning his grievance. Within two (2) working days after receipt of the written grievance the Supervisor must present it with the information required to the Department Head.
c. 
The Department Head will attempt to find a mutually satisfactory solution to the grievance within five (5) working days. Failing a solution, the complaint accompanied by a written report on the matter prepared by the Department Head must be forwarded to the Municipal Administrator.
d. 
The Municipal Administrator will attempt to find a mutually satisfactory solution to the grievance within five (5) working days. Failing a solution, the complaint accompanied by a written report on the matter by the Municipal Administrator must be forwarded to the Council which shall act formally on the complaint's resolution.
e. 
Since it is intended that most, if not all, grievances can and should be settled without the necessity of reference to the Council, no grievance will be heard or considered by the Council which has not first passed through the above described steps.
f. 
All papers and documents relating to a grievance and its disposition will be placed in the employee's personal history file. Notification of all actions taken concerning the grievance shall be transmitted in writing to the employee.
g. 
Pending the completion of the grievance procedure, no employee shall make public the proceedings in process by press releases, public interviews or the like.
[Ord. #790, A 15]
This Chapter shall at all times be subject to the Civil Service Rules of the State of New Jersey which prescribe the basic minimum standards for the employment of municipal personnel to which the Borough subscribes. To the extent that this Chapter may in any respect provide minimum standards which are less than those embodied in the Civil Service Rules of the State of New Jersey, the latter rules shall be deemed applicable. To the extent that this Chapter contains benefits or provisions which are in excess of the minimum requirements of the Civil Service Rules of the State of New Jersey, this Chapter shall be deemed to be controlling.
[Ord. #790, A 16]
All of the provisions, rights and obligations of any existing valid contract with an employee organization negotiated under Chapter 303, Public Laws of 1968 and authorized by Council shall continue in full force and effect until the terms of such contract expire irrespective of any amendments to this Chapter to the contrary.
[Ord. #790, A 16]
a. 
Declaration of Policy. It is hereby declared to be the policy of this Borough:
1. 
The Borough Council acknowledges that the public judges its government by the manner in which public officials and employees conduct themselves in the offices to which they are appointed.
2. 
The public has a right to expect that every public official and employee will conduct himself in a manner that will tend to preserve public confidence in and respect for the government he/she represents.
3. 
The confidence and respect of the public can best be promoted if every public official and employee, whether salaried or unsalaried, or appointed, shall uniformly:
(a) 
Treat all citizens with courtesy, impartially, fairness and equality under the law.
(b) 
Avoid both actual and potential or direct and indirect conflicts between their private self-interest and the public interest.
b. 
Legislative Intent. In order to achieve the objectives expressed in Paragraph a. herein, the within Section is promulgated.
[Ord. #790, A 16]
As used in this subsection:
BOROUGH
shall mean the local governmental unit under which the official or employee is functioning.
FINANCIAL INTEREST
shall mean any interest which shall yield, directly or indirectly, a monetary or other material benefit (other than the duly authorized salary or compensation for his services to the Borough, to the official or employee or to any person employing or retaining the services of the official or employee.
OFFICIAL or EMPLOYEE
shall mean any person elected or appointed to, employed by or retained by, or in any public office or public agency of this Borough, whether salaried or unsalaried, part-time or full time; except that no elected public official shall be subject to the jurisdiction of the Board of Ethics, as a result of current case law and statutory remedies available to the public.
PERSONAL INTEREST
shall mean any interest arising from blood or marriage relationships or from close business or political association, whether or not any financial interest is involved.
PUBLIC AGENCY
shall mean any group, board, body, commission, committee, department or office of the Borough, including single individuals acting for or on behalf of the Borough.
[Ord. #790, A 17]
a. 
Impartiality. No official or employee of the Borough shall grant or afford to any person any consideration, treatment, advantage or favor beyond that which it is the general practice to grant or make available to all persons or member of the public.
b. 
Use of Public Property. No official or employee shall use or permit the use of any publicly owned or publicly supported property, vehicle, equipment, labor or service for the personal convenience or the private advantage of himself or any other person. This prohibition shall not be deemed to prohibit an official or employee from requesting, using or permitting the use of such publicly owned or publicly supported property, vehicle, equipment, material, labor or service which it is the general practice to make available to the public at large or which is provided as a matter of stated policy for the use of officials and employees in the conduct of official business nor shall this prohibition apply to situations where use of a Borough vehicle for transportation to and from house is authorized by the Council as a term and condition of employment. Practice and policy may be established by the Borough Council by resolution or by the Administrator by written directive.
[Ord. #790, A 17]
a. 
Financial or Personal Interest. No official or employee, either on his own behalf or on behalf of any other person, shall have any financial or personal interest in any business or business transaction with any public body or agency in the Borough unless he/she shall first make full public disclosure of the nature and extent of such interest. In any and all events, no officer or employee shall engage in said business transaction public or private or professional activity or shall have a financial or personal interest which reasonably conflicts with his or her official duties.
b. 
Official Duties. Whenever the performance of his or her official duties shall require any official or employee to deliberate, act and/or vote on any matter involving his or her financial or personal interest, he/she or she shall publicly disclose such interest and disqualify himself or herself from participating in deliberations, actions or in the voting. In the event such official or employee is regularly in conflict due to the nature of any such financial, personal or business interests, said official shall inform the Ethics Board so a determination may be made whether the continuing conflict impairs the official or employee from discharging his official or employment duties.
c. 
Incompatible Employment. No official or employee, shall accept other employment or fees or the promise thereof which might reasonably conflict with the performance of his official duties which might reasonably tend to impair his independent or impartial judgment or action in the exercise of performance of his official duties. Notwithstanding that the officer or employee makes disclosures of the nature and extent of such employment or services, he/she shall not act in such a manner as would be a conflict with the performance of his official duties.
d. 
Solicitations. No official or employee shall accept or solicit anything of value as consideration for or in connection with the discharge of his official duties other than the fee or compensation prescribed by law.
e. 
Representing Private Interests. No officer or employee of the Borough of Point Pleasant shall represent any private interest before any committee, board or agency of the Borough of Point Pleasant nor shall be/she engage in or represent any interest in any litigation in which the Borough is a party. Nothing herein contained, however, shall prevent any officer or employee of the Borough of Point Pleasant from representing his own interest before any committee, board or agency of the Borough or in any litigation in which the Borough is a party.
f. 
Interests in Business Transactions with the Borough. An officer or employee who has a direct or indirect financial interest in any business entity, transaction or contract with the Borough of Point Pleasant or in the sale of real estate, materials, supplies or services to the Borough of Point Pleasant or the purchase of the same from it, the disposition of which may be influenced by his official position, shall refrain from voting or deliberating upon any proposed legislation connected with such acquisition or sale or otherwise participating in any such transaction, and he/she shall disclose publicly on the official records of the Borough the nature of such interest.
g. 
Receiving Gifts to Influence Official Action. No officer or employee of the Borough of Point Pleasant shall accept any gift or thing of value whether in the form of money, service, loan, thing or promise, from any person, firms, corporation or association which to his knowledge is interested directly or indirectly in any degree in business dealings with the Borough of Point Pleasant and over which business dealings he/she has the authority to take or influence official action; provided, however, that such gift or thing of value, by its nature, was intended or could reasonably be construed as intended to influence such official action.
h. 
Confidential Information. No official or employee shall, without prior authorization of the public body having jurisdiction, disclose any confidential information concerning any other official or employee, or any other person, or any property or governmental affairs of the Borough. Nor shall such person use such information to promote the financial or private interest of himself or others.
i. 
Use of Position to Secure Preferential Rights. No officer or employee of the Borough of Point Pleasant, or any member of any agency, board, committee or commission thereof, shall directly or indirectly use or attempt to use his official position to secure improperly any preferential right or benefit to promote the financial or private interest of himself or others, beyond that which it is the general practice to grant or make available to the public at large.
j. 
Use of Vote to Adopt or Defeat Legislation. No officer or employee of the Borough of Point Pleasant, or any member of any agency, board, committee or commission, thereof, shall vote for the adoption or defeat of any legislation or action, or for the payment or non-payment of any indebtedness asserted against the Borough, in which he/she has a direct or indirect financial or private interest. This subsection shall not apply to voting upon guides, regulations or ordinances setting salaries for those employed by the Borough.
[Ord. #790, A 17]
All elected officials, notwithstanding the fact that they are not subject to the jurisdiction of the Board of Ethics are expected to comply with the provisions of the Code of Ethics which can and should be used by them as a guideline for their performance.
[Ord. #790, A 17]
a. 
Organization.
1. 
There is hereby established and created a Board of Ethics for this Borough consisting of three (3) members who shall hold no other office or employment within this Borough. At least one (1) of the members shall be an attorney-at-law of the State of New Jersey and, if possible, such attorney shall be the President of the Ocean County Bar Association. Another member of such Board shall be an ordained clergyman. These two (2) members may be, but shall not be required to be, residents of this Borough. The third member must be a resident in the Borough for not less than two (2) years preceding his initial appointment.
2. 
The members of the Board of Ethics shall be appointed by the Mayor on the organization meeting of each year. Such appointment shall be with the advice and consent of the majority of the Borough Council; and in the event the Mayor shall fail to make appointments as he/she is required to so do, or in the event the Council shall not confirm the appointments of the Mayor within thirty (30) days after such appointments are required to be made, then the appointments shall be those of the majority of the Borough Council.
3. 
Such appointees shall serve for a term of three (3) years; provided, however, that those first appointed for full terms hereunder shall have terms expiring at one 91), two (2) and three (3) years, respectively, from the date of the commencement of their terms. Vacancies shall be filled for unexpired terms.
4. 
Any appointees serving, as set forth in Paragraph a,1; a,2 and a,3 above shall serve without compensation or remuneration.
b. 
Advisory Opinions. Upon the written request of the officer or employee concerned, the Board shall render written advisory opinions based upon the provisions of this Code. The Board shall file its advisory opinions with the Municipal Clerk but may delete the name of the officer or employee involved.
c. 
Hearings and Determinations. Upon the sworn complaint of any person alleging facts which, if true, would constitute improper conduct under the provisions of this Code, the Board shall investigate such charges and in written findings of fact and conclusions based thereon make a determination concerning the propriety of the conduct of the official or employee complained of, and submit such findings to the Borough Council within thirty (30) days of the receipt of such complaint. In the event the findings are not reported to the Borough Council within thirty (30) days, as hereinabove provided, then the Borough Council may take any action which it deems appropriate, including, but not limited to, dismissal of charges.
d. 
Any allegations or charges alleging violations of this Chapter against sworn police personnel shall be referred to the Police Chief for disposition in conformance with N.J.S.A. 40A:14-147 and applicable rules and regulations.
[Ord. #790, A 17]
a. 
Sanctions. In the event that the Board of Ethics shall, under the provisions of subsection 14-7.6 make a determination that the conduct of any official or employee was improper, the Borough Council, based upon the written findings, conclusions and determinations of the Board of Ethics, may institute appropriate action for censure, suspension, or removal from office of the official or employee by a majority vote of the Borough Council.
[Ord. #790, A 18; Ord. #797, § 1]
From and after the effective date of this Chapter, all persons employed, appointed or to be employed by the Borough shall be a bona fide resident therein, with the exception of the following:
a. 
When specifically waived by the appointing authority;
b. 
As otherwise provided for or permitted by statute;
c. 
Persons who are already employed by the Borough as of the date of the adoption of this Chapter.
d. 
Other exceptional situations as provided herein.
[Ord. #790, A 18]
For purposes of this Chapter, a bona fide resident is defined as a person having his permanent domicile within the Borough and one which has not been adopted with the intention of again taking up or claiming a previous residence acquired outside of the boundaries of the Borough.
[Ord. #790, A 18]
All nonresidents appointed to classified positions or classified employments, unless waived by the appointing authority or accepted by statute, shall after the effective date of this Chapter become bona fide residents of the Borough within one (1) year of their appointment. Failure of any employee required to become a resident to, in fact, maintain residency within the Borough, shall be cause for removal or discharge as provided for in N.J.S.A. 40A:9-1.5
[Ord. #790, A 18]
Whenever the appointing authority shall by motion determine that there cannot be recruited a sufficient number of qualified residents for available specific classified positions or classified employments, the appointing authority shall advertise for other qualified applicants. All such applicants shall thereupon be classified for such positions or employments in the following manner:
a. 
Other residents of the County in which the municipality is situated;
b. 
Other residents of counties contiguous to the County in which the municipality is situated;
c. 
Other residents of the State;
d. 
All other applicants.
In such event, the Borough shall first appoint all those in class "a", and then those in each succeeding class in the order above listed, and shall appoint a person or persons in any such 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 to have declined an offer of appointment. A preference established by this Section shall, in no way, diminish, reduce or affect the preferences granted, pursuant to any other provisions of New Jersey statutes.
The appointing authority, if it has recruited and hired officers or employees under the provisions of this Section of the Chapter may require such officers or employees as a condition of their continued employment to become bona fide residents of the Borough of Point Pleasant, or may waive this requirement. Such a requirement shall be specified at the time of appointment and a reasonable amount of time granted for such officers and employees to become bona fide residents of the local unit, but, in no event, shall it be more than one (1) year from the date of such appointment in accordance with the preceding sections of this Chapter.
When the appointing authority shall determine that there are certain specific positions and employments requiring special talents or skills which are necessary for the operation of the local unit, and which are not likely to be found among the residents of the local unit, such positions or employments so determined shall be filled without reference to residency. Prior to such appointment, however, the Governing Body shall adopt a resolution setting forth a formal criteria, pursuant to which such positions and employments shall be so determined and setting forth the specific talents or skills required.
[Ord. #790, A 18]
The appointing authority shall give preference in promotion to officers and employees who are bona fide residents of the local unit. When promotions are based upon merit and determined by suitable promotions, tests or other objective criteria, a resident shall be given preference over a nonresident in any instance where all other measurable criteria are equal. The preference granted by this section shall, in no way, diminish, reduce or affect preference granted, pursuant to any provisions of New Jersey statutes.
[Ord. #94-20, S 1; Ord. #2000-06, S 1; Ord. #15-2001, S 2]
a. 
In the event that an employee being at least sixty-five (65) years of age retires by filing for pension benefits after having completed at least thirty (30) years of full-time service with the Borough, said retiree shall receive paid medical, prescription and dental insurance coverage for himself/herself for life. Such coverage shall be equivalent to that currently provided to the active membership of the bargaining unit representing the title from which he/she retired or to the majority of active employees if the title from which he/she retired was not represented by a recognized bargaining unit. In the event that at any future time such respective coverage shall be deleted, modified or added to in any manner, then such deletions, modifications or additions shall apply to said retiree's benefits.
b. 
In the event that any employee not having attained the age of sixty-five (65) years retires by filing for pension benefits after having completed at least thirty-five (35) years of full-time service with the Borough, said retiree shall be entitled to paid medical insurance benefits for himself/herself and his/her spouse, to whom he/she is married at the date of his/her retirement, which shall be equivalent to that currently provided to the active bargaining unit membership which represents the title from which he/she retired or the majority of active Borough employees if the title from which he/she retired is not recognized under a bargaining unit, until the sixty-fifth (65th) birthday of said retiree. In the event that the spouse of the retiree dies or the parties are divorced between the date of retirement and the sixty-fifth (65th) birthday of the retiree, the spouse of the retiree shall no longer be included in the paid medical insurance provided to the retiree by the Borough. In the event that said respective coverage is modified, deleted, or added to the then said modification, deletions or additions shall apply to the coverage available to the retiree.
c. 
In the event that an employee retires by filing for pension benefits and has not completed thirty-five (35) years of full time service and is not sixty-five (65) years of age with at least thirty (30) completed years of full time service said retiree may continue, at his/her own expense and upon repayment to the Borough, medical, dental or prescription coverage as chosen at the time of retirement at the group rate which is applicable and currently costing the Borough. Said coverage shall be equivalent to the coverage currently provided to other active members of the bargaining unit representing the title from which he/she retired or that provided to the majority of active employees if the title from which he/she retired is not recognized under any bargaining unit. In the event that said coverage is modified, deleted or added to for active employees, then such modifications, deletions or additions shall apply to the coverage available to the retiree.
d. 
Any employee of the Borough having thirty (30) years with the Borough can elect to retire as of October 1st of any calendar year. Under those circumstances, with appropriate notice being given to the Borough, the Borough will continue to provide medical insurance for the employee, as previously provided, through December 31st of that year. Said medical coverage will be provided through December 31 of that calendar year at no additional expense to the employee, provided at the sole expense of the Borough.
[Ord. #1995-05, SS 4—7]
a. 
No smoking, as defined in N.J.S.A. 26:3D-47(b) will be permitted by any person within any and all municipal buildings, including all rooms, chambers, places of meeting or public assembly in which a public meeting is held under the auspices of a governmental entity and to which the public is invited, solicited or legally entitled to attend is in progress.
b. 
In addition this prohibition shall include any office open to the general public including but not limited to Tax Offices, Vital Statistic Offices, Vital Record Offices, Building Department, Treasurer's Department, Clerk's Department, Public Works Building, Administrative Offices and Municipal Offices.
c. 
A copy of this section shall be provided to all current municipal employees.
d. 
Appropriate "Smoking Prohibited" signs shall be posted within all municipal buildings in order to implement the intent of this section.
[Ord. #1999-02, S 1; Ord. #2002-08]
a. 
The procedural steps to be followed when making appointments to positions within various departments with the exception of the Police Department, unless otherwise in conflict with the rules or promulgations of the New Jersey Department of Personnel shall be as follows:
1. 
The Municipal Administrator shall post and/or advertise for said position as necessary.
2. 
The department head and the Municipal Administrator shall interview the potentially qualified candidates, either together or separately.
3. 
The department head and Municipal Administrator shall review their findings and recommendations with the Administration and Finance Committee.
4. 
The Administration and Finance Committee shall make its recommendation to the Mayor and Council.
5. 
All appointments shall be made by a majority vote of the quorum present of the Borough Council.
6. 
This section shall not apply to the appointment and employment of seasonal employees and Deputy Borough Clerks.
[Ord. #2000-01, S 1]
The Borough of Point Pleasant recognizes that sexual harassment, as well as other forms of harassment and discrimination is a violation of both State and Federal law, and in that respect the Borough of Point Pleasant seeks to provide its employees and appointees with a work environment free of unlawful conduct. Any harassment of any Borough employee or appointee by any other Borough employee or appointee will not be permitted, regardless of their working relationship. The Borough of Point Pleasant has an unequivocal commitment to a workplace free from all forms of harassment and discrimination, and will enforce this commitment through the policies and procedures.
The Borough of Point Pleasant is committed to providing a work environment that is free of discrimination and unlawful harassment. Actions, words, jokes, or comments based on an individual's sex, race, ethnicity, age, religion, or any other legally protected characteristic will not be tolerated. As an example, sexual harassment (both overt and subtle) is a form of employee misconduct that is demeaning to another person, undermines the integrity of the employment relationship, and is strictly prohibited. The Borough of Point Pleasant strongly disapproves of offensive or inappropriate conduct which harasses, disrupts, or interferes with work performance or which creates an intimidating, offensive or hostile work environment.
[Ord. #2000, S 1]
As used in this Chapter, the following terms shall have the meanings indicated:
a. 
Consists of and includes the following acts:
1. 
Any unwelcome sexual advances, requests for sexual favors and other inappropriate or offensive verbal or physical conduct made because of a person's sex.
2. 
Any advances which undermine the employment relationship by creating an intimidating, hostile or offensive work environment.
3. 
Any advances which affect the individual's job performance.
4. 
Any submission to such conduct that is made either explicitly or implicitly by a term or condition of an individual's employment.
5. 
Any submission to or rejection of such conduct by an individual used as the basis of decisions concerning continued employment or evaluation of such individual.
6. 
Any open display of sexually suggestive objects or pictures in the workplace.
b. 
Examples of such conduct as set forth above, which shall constitute acts of sexual harassment, shall include the following:
1. 
Unwelcome sexual advances.
2. 
Sexually graphic comments.
3. 
Demeaning comments concerning sex and/or physical appearance.
4. 
Unwelcome touching or any intentional contact of sexual nature.
5. 
Unwelcome and offensive sexually explicit humor.
[Ord. #2000-01, S 1]
It shall be the duty of the Borough Administrator and all Department Heads of the Borough of Point Pleasant to make it clear to all Borough employees and appointees that sexual or other forms of unlawful harassment are strictly prohibited by the Borough. Harassing conduct is grounds for disciplinary action by the enforcement of the provisions of this Chapter and by addressing any and all complaints of inappropriate behavior.
[Ord. #2000-01, S 1]
a. 
Any individual who alleges sexual harassment, or any other form of unlawful harassment, by another Borough employee or appointee shall immediately inform the Borough Administrator, in writing, within thirty (30) days of the incident. The Administrator, after receiving such complaint, shall speak informally with the alleged harasser and shall advise the alleged harasser that such behavior is unwelcome and not tolerated in the Borough in an effort to correct the offending behavior and prevent retaliatory behavior. In the event that the matter cannot be resolved informally between the parties, the Borough Administrator shall investigate the matter formally in accordance with subsection 14-22.5 of this Chapter. In the event that the Administrator is directly involved in the complaint, the matter shall be reported to the Mayor.
b. 
Any Department Head who suspects acts of sexual harassment or any other form of unlawful harassment by an employee or appointee under his or her direction and/or supervision shall report the same, in writing, to the Borough Administrator within thirty (30) days of the incident. The Borough Administrator shall then speak informally with the alleged harasser and the employee or appointee to whom such acts were made and make the appropriate determination as provided for in this Chapter. In the event that the Administrator is directly involved in the complaint, the matter shall be reported to the Mayor.
[Ord. #2000-01, S 1]
a. 
An individual alleging sexual harassment, or any other form of unlawful harassment, shall file, in writing, a formal complaint with the Borough Administrator within sixty (60) days of the incident. The Borough Administrator, upon receipt of such complaint, shall carry out a thorough investigation of the complaint, which investigation shall include, at a minimum, interviews with the complainant, the alleged harasser, and any alleged witnesses to the alleged harassment. In carrying out the investigation of the alleged incident, the Administrator shall protect the rights of both the person making the complaint and the alleged harasser. In the event that the Administrator is directly involved in the complaint, the matter shall be reported to the Mayor.
b. 
The Borough Administrator, following completion of the investigation, shall make a written report to the Borough Council outlining his or her findings and recommendations for action by the governing body. A factual determination is required to address the question of whether a particular perceived action is or is not unlawful harassment. The Borough of Point Pleasant recognizes that a charge of harassment is a serious matter and that the rights of all parties are to be protected.
c. 
The Borough Council, within thirty (30) days of receiving the written report of the Administrator, shall make a final determination as to the matter and advise all parties, in writing, of its findings and conclusions.
d. 
In the event that either party is not satisfied with the conclusions and findings reached by the Borough Council, said party may make a formal request in writing for the matter to be reviewed by an independent third-party hearing officer appointed by the governing body. The request for the matter to be reviewed by a hearing officer shall be submitted within thirty (30) days from the date of the Borough Council's determination. The Borough Council shall appoint a hearing officer within thirty (30) days from the date of the request.
e. 
The hearing officer shall review all determinations previously rendered in this matter and may also interview the parties and/or further investigate the matter in an effort to reach his determination. The hearing officer shall render his determination within ninety (90) days. In the event that said party is not satisfied with the conclusions and findings of the hearing officer, said party may seek the remedies available through the Superior Court.
f. 
The confidentiality and privacy of all involved persons will be respected during an investigation. Such disclosure during the investigatory state shall be permitted only when required by law.
[Ord. #2000-01, S 1]
A false complaint, false testimony or false information provided in connection with a harassment investigation will be subject to such discipline as the Borough Council determines to be appropriate, up to and including termination.
[Ord. #2000-01, S 1]
The Borough shall provide mandatory training to all supervisors and department heads regarding the Borough's harassment policies and procedures. The Borough shall make training available to all employees and appointees.
[Ord. #2000-01, S 1]
The Borough, through anonymous and confidential questionnaires, shall monitor the employee's or appointee's trust in the established policies and procedures of the Borough concerning sexual harassment.
[Ord. #2000-01, S 1]
Notice of this policy shall be disseminated annually and shall be included in the employees manual.
[Ord. #2000-01, S 1]
a. 
It shall be a violation of this Chapter for any Borough employee or appointee to harass another Borough employee or appointee through conduct or communication of a harassing nature as set forth in subsection 14-22.2 of this Chapter.
b. 
Any individual found to have engaged in any type of harassment shall be subject to disciplinary action, up to and including termination of employment or appointment with the Borough.
[Ord. #2010-03, S 1]
Any Borough employee who is eligible for other health care coverage other than that which is provided by the Borough is entitled to waive the Borough's health care coverage. A complete waiver of the health care coverage provided by the Borough shall entitle that employee a gross payment by the Borough in the amount of twenty (20%) percent of the amount saved by the Borough on an annual premium to be paid by the Borough to the employee on a quarterly basis for the voluntary waiver of health insurance coverage which would have been supplied by the Borough.
[Ord. #2010-03, S 2]
Any Borough employee who waives health insurance coverage as set forth hereinabove shall be permitted to resume coverage under the same terms and conditions as applied to initial coverage if the employee ceases to be covered for any reason including, but not limited to, retirement, death or divorce of their spouse.
[Ord. #2010-03, S 3]
Any employee who resumes coverage shall repay, on a pro rata basis, any amount received which benefits an advanced payment for a period of time during which coverage is resumed.
[Ord. #2010-03, S 4]
Any employee who wishes to resume coverage shall file a declaration with the Borough Clerk in such form as the Borough shall prescribe, that the waiver is revoked. In addition the Borough Administrator shall prepare appropriate forms which will need to be executed by the employee, thereby declaring that the employee will waive health insurance coverage from the Borough, before the employee shall be entitled to the consideration set forth hereinabove.