[HISTORY: Adopted by the City Council of the City of Orange
Township 10-4-83 by resolution. Amended 2-4-86 by Ord. No. 9-86; 9-9-86
by Ord. No. 31-86; 10-18-88 by Ord. No. 32-88; 6-24-91 by Res. 150-91;
7-5-95 by Ord. No. 16-95; 3-5-02 by Ord. No. 3-2002. Amended in its
entirety 6-20-06 by Ord. No. 18-2006.[1] Subsequent amendments noted where applicable.]
[1]
Ordinance 18-2006 may be found in the Appendix of this chapter.
The Mayor and Council of the City of Orange Township are cognizant
of the fact that a personnel policy and procedures manual is necessary
to ensure the fair and equitable treatment of all city employees.
It is incumbent upon the aforementioned to promulgate and enact
policies that effect the orderly and efficient administration of the
personnel management of the City of Orange Township.
The Policies and Procedures Manual of the City of Orange Township shall serve as the official Personnel Policy for the municipality and same is by reference incorporated into Chapter 23 of the City Code.[1]
[1]
Editor's Note: The Policies and Procedures Manual is included as an attachment to this chapter.
[Added 6-17-08 by Ord. No. 14-2008]
A.
Eligible positions. The City of Orange Township pursuant to N.J.S.A.
43:15C-2 is required to identify job titles within the organization
that are eligible to be included in the Defined Contribution Retirement
Program (DCRP).
(1)
Those positions qualifying for the designation include persons hired
on or after July 1, 2007 and whose position requires specific consent
or approval of the body of the political subdivision that is substantially
similar in nature to the advice and consent of the Senate for appointments
by the Governor of the State...pursuant to guidelines or policy that
shall be established by the Local Finance Board in the Department
of Community Affairs.
(2)
Generally, positions that involve executive decision-making or are
senior management of the organization whose hiring or appointment
requires approval of a governing body are DCRP positions. The requirement
for approval of the governing body shall be based on statute, local
ordinance, or previously adopted resolution establishing local practice,
all as authorized by law.
(3)
To elaborate on the foregoing, the following are DCRP positions when
the individuals are employed as bona fide legitimate employees and
not employed pursuant to a professional services resolution:
(a)
The statutory-based, untenured chief administrative officer
of the organization, such as: Business Administrator; County Administrator;
or Municipal or County Manager; or Municipal or County Manager appointed
under the authority of a local ordinance; or similar positions.
(b)
Positions with principal operating responsibility of a government
function(s), commonly called "department heads" or similar title,
that are filled by action of the governing body and who directly report
to an elected official(s) or chief administrative officer.
(c)
Legal counsel to the organization regardless of title, i.e.
municipal attorney, counsel, director of law, corporation counsel,
solicitor, county counsel, etc., (N.J.S.A. 40A:9-139, and 40A:9-43
or similar).
(d)
Municipal or County Engineer (N.J.S.A. 40A:9-140, and 40A:9-43
or similar).
(e)
Municipal Prosecutor (N.J.S.A. 2B:25-1 et seq.).
(f)
Municipal Court Judge (N.J.S.A. 2B:12-4).
(g)
Appointed members of local authority Board of Commissioners
(various laws, but subject to N.J.S.A. 40A:5A-1 et seq.).
(h)
Gubernatorial appointees who serve in county or municipal government
for a fixed term, such as County Election Commissioners.
B.
Exempt positions. The law, as supplemented with Pension Board guidance,
includes exceptions from enrollment in the DCRP program for certain
individuals. Once an individual is appointed to a position covered
by DCRP membership, the circumstances of the individual must be tested
to determine if the individual is eligible for PERS membership. This
determination is administrative in nature and is made by the local
Pension Certifying Officer (Finance Director, Chief Financial Officer
or Personnel Officer), using this guidance.
(1)
Notwithstanding the foregoing, if a position in DCRP and the individual
meets any of the following exceptions, the individual is permitted
to join or remain in PERS.
The individual holds a professional license or certificate to
perform and is serving in any of the following capacities, regardless
of the position held:
(a)
Certified Health Officer.
(b)
Tax Collector.
(c)
Chief Financial Officer.
(d)
Construction Code Official.
(e)
Qualified Purchasing Agent.
(f)
Tax Assessor.
(g)
Municipal Planner.
(h)
Registered Municipal Clerk.
(i)
Licensed Uniform Subcode Inspector.
(j)
Certified Public Works Manager.
Unlike other titles, "Certified Public Works Manager," refers
to a certification, not a position. This shall be interpreted as "Principal
Public Works Manager," the position cited in N.J.S.A. 40A:9-154.6a
et seq.
(2)
Notwithstanding the provisions of Section 23-4A above, the Certifying Officer may determine an individual in their organization who is already enrolled in a PERS position (i.e., career or unclassified) that is promoted to an otherwise DCRP position through a valid promotion may remain in PERS. In the event the position is not filled through a promotion, the position remains in DCRP.
C.
Eligible positions; enrollment in Program required. It is determined
the following titles are required to enroll in the DCRP established
by the Division of Pensions pursuant to N.J.S.A. 43:15C-2 when the
Certifying Officer of the municipality so confirms:
(1)
Business Administrator.
(2)
Chief Judge.
(3)
Judge Municipal Court.
(4)
Municipal Prosecutor.
(5)
Assistant Municipal Prosecutor.
(6)
Public Defender.
(7)
Assistant Public Defender.
(8)
Director of Community Services (excluded if individual is also City's
Certified Health Officer).
(9)
Director of Finance (excluded if individual is also the City's
Chief Financial Officer or Tax Collector).
(10)
Director of Fire (excluded if individual is eligible for PFRS).
(11)
Director of Planning and Development.
(12)
Director of Police (excluded if individual is eligible for PFRS).
(13)
Director of Public Works (excluded if individual is also Certified
Public Works Manager).
(14)
Municipal Attorney.
(15)
Deputy/Assistant Municipal Attorney.
