[Ord. 1/13/70 § 2; Ord. 4/26/83 §§ 1—2; Ord. No. 93-04 § I; Ord. No. 2008-09, retroactive as of 1/1/2009; Ord. No. 2010-20 §§ 1,2; repealed by Ord. No. 2017-05]
[Ord. 1/24/78 § 1; repealed by Ord. No. 2017-05]
[Ord. No. 93-04 § II; Ord. No. 2008-09 § II; repealed by Ord. No. 2017-05]
Editor's Note: Former Section 17-1, Longevity Compensation and subsections 17-1.1 through 17-1.3 were repealed in their entirety by Ordinance No. 2017-05.
[Ord. No. 90-15 § 1]
Annual vacations with pay for full time and permanent officers and employees, except members of the Police Department are hereby fixed and authorized upon the following basis contained in this section.
[Ord. No. 90-15 § 1]
All applications for vacation shall be submitted to the Borough Administrator for approval and thereafter referred to the Board of Commissioners, who shall, by resolution, grant the approved vacations.
[Ord. No. 90-15 § 1]
Permanent full time officers and employees shall receive vacation with pay for each twelve (12) month period in accordance with the following schedule:
a. 
A permanent full time employee, employed with the Borough continuously for a period of no less than twelve (12) months and continuing up to and including sixty (60) months, shall be entitled to ten (10) working days vacation for each twelve (12) month period.
b. 
A permanent full time employee, continuously employed for a period no less than sixty (60) months and continuing up to and including one hundred twenty (120) months, shall be entitled to fifteen (15) working days vacation for each twelve (12) month period.
c. 
A permanent full time employee, continuously employed for a period no less than one hundred twenty (120) months and continuing up to and including two hundred forty (240) months shall be entitled to twenty (20) working days for each twelve (12) month period.
d. 
A permanent full-time employee continuously employed for a period no less than two hundred forty (240) months shall receive twenty-five (25) working days vacation for each twelve (12) month period.
e. 
Employees Hired Prior to January 1, 1988. All employees hired prior to January 1, 1988 will receive twelve (12) working days vacation in accordance with paragraph a. above.
[Ord. No. 90-15 § 2]
All vacation time shall be used in the current year and shall not be accumulated without prior approval of the Board of Commissioners and further subject to any special provisions that the Board of Commissioners may decide to be in the best interest of the Borough.
[Ord. 5/26/59 §§ 1—2; Ord. 4/26/77 §§ 1—2; Ord. 8/12/80 §§ 1—3]
a. 
Annual vacation leave with pay shall be earned and computed as of the anniversary date of the employee's appointment.
After the first full year of employment, annual vacation leave shall be prorated in the event the employee shall not have completed a full year of service prior to the termination of his employment.
Annual vacation leave with pay shall be granted in accordance with the following schedule:
1. 
After completion of the first year and through the eleventh year, twelve (12) days.
2. 
From the twelfth year and through the sixteenth year, fifteen (15) days.
3. 
From the seventeenth year and through the twenty-first year, seventeen (17) days.
4. 
From the twenty-second year and over, twenty (20) days.
All references to vacation leave and the amount of days therein shall refer to "working days."
b. 
If, because of pressure of business or an emergency as determined by the Chief of Police, a Police Officer is not granted a vacation during one (1) calendar year, the accumulated vacation may be combined with the succeeding year. However, this shall be granted only in the succeeding year. Vacation leaves are not accumulative and unused vacation will lapse after the end of the calendar year succeeding the year in which earned or accrued.
c. 
All applications for vacations shall be submitted to the Chief of Police for approval and the Chief of Police is hereby authorized to fix the periods of all vacations.
Pursuant to Section 5 of Ordinance No. 96-11, this section is retroactive to January 1, 1989.
[Ord. No. 96-11 § I]
The terms and provisions of this section shall apply to all employees of the Borough of Allenhurst.
[Ord. No. 96-11 § 2]
a. 
All permanent full-time employees are allowed twelve (12) days sick leave in each twelve (12) month period after the first twelve (12) months of permanent full-time employment. This shall be calculated on the basis of one (1) day for each month in which he performs his normal duties. If such an employee uses none or only a portion of his allowable sick leave during any calendar year, the amount of this leave not taken accumulates to his credit from year to year, and the employee is entitled to use any accumulated sick leave with pay, if and when needed. No employee shall accumulate sick leave benefits during those months in which said employee is not performing his regular work assignment.
Sick leave is defined as any absence from duty because of illness or accident not arising out of an employee's course of employment, and may be used by an employee for personal illness and also illness of his spouse and child, which requires his attendance upon the ill member, quarantine restriction, pregnancy or disabling injuries.
b. 
Permanent full-time employees with less than one (1) year of continuous service shall be entitled to one-half (1/2) day of sick leave with pay for each completed month of service during the first twelve (12) month period of employment.
c. 
No employee shall be allowed to work and endanger the health and well-being of other employees and if the employee's condition warrants, the employee may be directed to take sick leave. The Business Administrator may direct the employee to the Borough Physician for an opinion as to the eligibility of the employee to be absent from work.
[Ord. No. 96-11 § 3]
Sick leave with pay shall not be allowed under the following conditions:
a. 
When the employee, under medical care, fails to carry out the orders of the attending physician.
b. 
When, in the opinion of the Borough Medical Physician, the employee is ill or disabled because of self-imposed contributory causes or actions.
c. 
When, in the opinion of the Borough Medical Physician, the disability or illness is not of sufficient severity to justify the employee's absence from duty.
d. 
When an employee does not report to the Borough Physician.
[Ord. No. 96-11 § 4]
The recommendation of the Borough's Medical Physician as well as those of the attending physician, as to the justification of the absence from duty on account of disability or illness or of the fitness of the employee to return to duty, shall be considered by the Board of Commissioners. The Board of Commissioners reserves the right in such cases where there is a difference in professional opinion between the Borough Physician and the personal Physician, to require the employee to submit to an examination by a third doctor.
[Ord. No. 96-11 § 4; New]
a. 
Any employee who retires under the Police and Firemen's or Public Employees' Retirement System based on the required years of service credited in such retirement system, excepting the employee who elected deferred retirement and is employed by the Borough of Allenhurst on his retirement date, or an employee who retires on a disability pension based on fewer years of service credited in such retirement system, shall be provided with Paid up Hospitalization Benefits for the retired employee and those dependents covered under NJ State Health Benefits, or other insurance provider as may from time to time be contracted with. This shall not include dental, eyeglass or prescription benefits.
b. 
All permanent full-time employees who retire under the Police and Firemen's or Public Employees' Retirement System based on the required years of service credit in such retirement system, and who shall have accumulated sick leave upon retirement shall be entitled to one-half (1/2) day's pay at the rate of pay in effect at the time of retirement for each full day of unused accumulated sick leave up to a maximum of one hundred (100) days pay, reflecting the accumulation of two hundred (200) days unused sick leave. (Maximum benefit.)
c. 
Accumulated sick leave benefits will be paid in full to the employee upon his retirement provided that there are sufficient funds remaining from that individual employee's budgeted salary. In the event there are not sufficient funds from the individual employee's budgeted salary, then the Borough, at its option, may pay the entire sum due or only so much of the sum due as remains from the employee's budgeted salary and the Borough may pay the balance over the next three fiscal years.
d. 
In the event of the employee's retirement due to a job related disability prior to said employee's actual retirement date, such accumulated sick leave benefit will be paid on the basis noted in paragraph b. above to this employee.
e. 
In the event of the employee's death prior to his retirement, such accumulated sick leave benefit will be paid on the basis noted in paragraph b. above to the employee's designated beneficiary or estate.
f. 
In the event the State of New Jersey limits any of the above-mentioned benefits, the Borough of Allenhurst will comply with any and all such limits.
[Ord. No. 97-04, Preamble]
The Borough of Allenhurst is a member of the Monmouth Municipal Joint Insurance Fund and the Municipal Excess Liability Joint Insurance Fund.
All members of the Monmouth Municipal Joint Insurance Fund and the Municipal Excess Liability Joint Insurance Fund are required to develop and put into place a Loss Control/Risk Management Plan and Personnel Policy to comply with the requirements of the Fund's Employment Practices Liability Insurance Coverage.
[Ord. No. 97-04 § I]
A Loss Control/Risk Management Plan and Personnel Policy is hereby established by the Board of Commissioners.
[Ord. No. 97-04 § II]
All employees of the Borough of Allenhurst shall be governed by the contents of the approved Loss Control/Risk Management Plan and Personnel Policy.
[Ord. No. 97-04 § III]
The Board of Commissioners shall from time to time have the authority to amend the provisions of the Loss Control/Risk Management Plan and Personnel Policy, through the adoption of resolutions of amendment.
[Ord. No. 97-04 § IV]
A copy of the Loss Control/Risk Management Plan shall be placed on file in the Office of the Business Administrator, and a copy distributed to all full-time employees of the Borough of Allenhurst.
[Ord. No. 2008-09 Preamble]
a. 
The State Legislature recently adopted Chapter 92 of the Laws of 2007 (N.J.S. 43:15c-1 et seq.) to create the Defined Contribution Retirement Program to provide retirement benefits to various County and municipal officials; and
b. 
N.J.S. 43:15C-2 requires the Governing Body of each County, municipality, and other local entity to adopt, as appropriate, either a resolution or ordinance to determine the positions that are 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, and for which officials appointed to such positions shall be eligible for and shall participate in the Defined Contribution Retirement Program, subject to the provisions of law; and
c. 
The Board of Commissioners of the Borough of Allenhurst has considered the guidelines issued by the Local Finance Board.
[Ord. No. 2008-08 § 1]
Pursuant to N.J.S. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:
Business Administrator
Public Works Supervisor
Borough Prosecutor
Municipal Court Judge
[Ord. No. 2008-08 § 2]
Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S. 43:15C-2:
Tax Collector
Certified Health Officer
Chief Finance Officer
Construction Code Official
Qualified Purchasing Agency
Tax Assessor
Municipal Planner
Registered Municipal Clerk
Licensed Uniform Subcode Inspector
Principal Public Works Manager
[Ord. No. 2008-08 § 3]
a. 
If an individual is appointed to one of the positions listed in subsection 17-1.2 and the individual is not serving in a position as described in subsection 17-1.3 above, the Pension Certifying Officer of the Borough may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual:
1. 
Was an active participant in the Public Employee Retirement System on July 1, 2007 and continuously since that time, or
2. 
Has been appointed pursuant to a valid promotional process; or
3. 
Is appointed on a temporary, interim, or "acting" basis to a position requiring State Certification as set forth in subsection 17-1.3 herein, and is in pursuit of the required certification;
4. 
Meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. 2008-08 § 4]
This section shall be implemented, construed and subject to the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15-1C-1 et seq.), as amended from time to time, and any regulations or guidance documents from the Local Finance Board or the Division of Pensions and Benefits.
[Ord. No. 2008-08 § 6]
A copy of this section shall be filed with the Director of the Division of Pensions and Benefits of the New Jersey Department of the Treasury.
[Added 1-28-2020 by Ord. No. 2020-03]
All full-time, seasonal and temporary employees and elected public officials who receive compensation from the Borough of Allenhurst are mandated to have direct deposit of their compensation as of January 1, 2020, in accordance with Chapter 28 P.L. 2013, as defined under N.J.S.A. 52:14-15f(b).
Municipal employees may request, in writing, an exemption from the direct deposit mandate to the Borough Administrator/Clerk. Such requests will be presented to the Board of Commissioners within 20 days. The Board of Commissioners may grant such an exemption by resolution and only for good cause.