[R.O. 1957, 5:13-1, adopted Dec. 1, 1969]
Classified employees who have acquired permanent employment status, as provided in Section 11:5-6, may be temporarily suspended from the City'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.
[R.O. 1957, 5:13-2, adopted Dec. 1, 1969]
(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 City government, the required reductions shall be made in such job classification or classifications as the Mayor may designate.
[Amended 8-16-2021 by Ord. No. MC 2021-26]
(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 45 days' notice. Provisional employees so affected shall be given a minimum of two weeks' notice or two weeks' pay in lieu thereof.
[R.O. 1957, 5:13-3, as amended Feb. 2, 1970]
(a) 
Employees enrolled in the Public Employees' Retirement System, the Police and Firemen's Retirement System, or the Consolidated Police and Firemen's Pension Fund of the State of New Jersey, are subject to the benefits, requirements, and provisions of those plans.
(b) 
Retirement from the City'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 City Administrator and approval of the Mayor.
(c) 
Retirement from the City service shall be mandatory for uniformed firemen and policemen at age sixty-five (65).
[R.O. 1957, 5:13-3, as amended Feb. 2, 1970]
(a) 
Employees enrolled in the Police and Firemen's Retirement System are eligible to retire with full benefits at age fifty-one (51) and with reduced benefits at any age after twenty-five (25) years service.
(b) 
Active members enrolled in the Consolidated Police and Firemen's Pension Fund are eligible to retire at age fifty-one (51), provided they have served twenty-five (25) years. Employee members of the pension fund are eligible to retire at age sixty (60), provided they have served twenty-five (25] years.
[R.O. 1957, 5:13-4, adopted Dec. 1, 1969; amended by MC 1973-4, § 5, Jan. 15, 1973]
(a) 
Those employees below department head level may tender a written resignation to their department director, who in turn shall forward it to the City Administrator. Unless there are disciplinary charges pending against the employee, the Personnel Director 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.
[R.O. 1957, 5:13-5, adopted Dec. 1, 1969; amended by MC 1972-4, § 6, Jan. 15, 1973]
(a) 
A permanent employee may be dismissed from the service or demoted for cause by the Appointing Authority.
(b) 
Any one of the following shall be cause for removal from the service; although removal 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) 
Regular members or officers of the Police or Fire Divisions who shall be absent from duty without a just cause for a term of five (5) days continuously and without leave of absence shall, at the expiration of such five (5) days cease to be a member of the Police or Fire Division as provided by R.S. 40:47-3, as amended;
(4) 
Incapacity due to mental or physical disability, incompetency or inefficiency;
(5) 
Insubordination or serious breach of discipline;
(6) 
Intoxication while on duty;
(7) 
Conviction of any criminal act;
(8) 
Participating in any political activity prohibited by Article 10 of this chapter;
(9) 
Disobedience of the departmental rules and regulations established pursuant to Section 11:11-3 of this chapter;
(10) 
Chronic or excessive absenteeism;
(11) 
Disorderly or immoral conduct;
(12) 
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;
(13) 
Negligence of or willful damage to public property or waste of public supplies;
(14) 
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;
(15) 
Conduct unbecoming a public employee;
(16) 
Chronic or excessive lateness.
[1]
State law reference: As to the Civil Service rules and regulations relating to demotion, removal and appeal, see N.J.S.A. 11:22-38 et seq.
[R.O. 1957, 5:13-6, adopted Dec. 1, 1969; MC 2002-31, § 1, December 16, 2002]
(a) 
Except as set forth below in subsection (b), In the event of the involuntary separation of a full-time unclassified employee, the employee shall receive sixty (60) days' notice, including accumulated vacation leave, or be compensated at the rate of one (1) day's wages for each day less than the sixty (60) for which notice is required to be given, except in cases of disciplinary dismissal for causes outlined in Section 11:12-6.
(b) 
The provisions of subsection (a) above are not intended to apply and shall not be construed to apply to full-time unclassified employees serving in a temporary, acting, interim, holdover or similar capacity. In addition, the provisions of subsection (a) above are not intended to apply and shall not be construed to apply to full-time unclassified employees or officials appointed to a position or office for a term, where the term of office has expired.
Temporary or provisional employees may be involuntarily separated from the City employment at any time for any cause related to the employment which shall be deemed by the Department Director, to be detrimental to the best interest of the City. The separation shall be with the approval of the City Administrator, without recourse of appeal to the State Civil Service Commission.
[R.O. 1957, 5:13-7, adopted Dec. 1, 1969; amended by MC 1973-4, § 7, Jan. 15, 1973]
(a) 
Each department director, with the approval of the City Administrator, shall have the power, summarily, to suspend any employee or officer in his department with or without pay, pending hearing the employee on any charge for which there may be a punishment appealable by right of the Civil Service Commission.
(b) 
An employee who shall be suspended, fired or demoted more than three (3) times in any one year, or more than five (5) days at one time, for a period of more than fifteen (15) days in the aggregate in any calendar year shall have the right of appeal to the Civil Service Department. The Civil Service Department shall have the power to affirm, revoke, or modify the action of the Appointing Authority.
(c) 
In unusual circumstances, where the safety and/or welfare of the employee or others is threatened, the Department Director or the employee's immediate supervisor may temporarily suspend the employee pending consultation with the City Administrator.
[R.O. 1957, 5:13-8, adopted Dec. 1, 1969]
In any hearing concerning a grievance, dismissal, demotion or other disciplinary action, the employee may bring an attorney of his choice or a representative of his employee association.