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:
shall apply to those who work for full business day and full
business week.
shall apply to those who work less than a full business day
and/or full business week.
Those who have attained recognition of status from the New
Jersey Civil Service Commission.
shall apply to those who have been appointed to a position
pending an examination and completion of a working test period.
shall apply to those who work only for a specified period
or season of the year.
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:
[Ord. #790, A 6]
[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:
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]
[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:
[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;
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:
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:
shall mean the local governmental unit under which the official
or employee is functioning.
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.
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.
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.
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:
[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:
Consists of and includes the following acts:
Any unwelcome sexual advances, requests for sexual favors and
other inappropriate or offensive verbal or physical conduct made because
of a person's sex.
Any advances which undermine the employment relationship by
creating an intimidating, hostile or offensive work environment.
Any advances which affect the individual's job performance.
Any submission to such conduct that is made either explicitly
or implicitly by a term or condition of an individual's employment.
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.
Any open display of sexually suggestive objects or pictures
in the workplace.
Examples of such conduct as set forth above, which shall constitute
acts of sexual harassment, shall include the following:
[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.
