Editor's Note: The power of the Borough to establish
personnel policies is derived from N.J.S.A. 40:11-17 et seq., Officers
and Employees, and N.J.S.A. 40A:9-1.1 et seq.
[2000 Code § 5:1]
All employees and officers of the Borough of Avalon shall be appointed and promoted as provided by Chapter 2, Administration, except as may be otherwise provided by law.
Applicants for appointment shall possess the necessary qualifications
for the position by way of education, experience, aptitude, knowledge,
character, and physical and mental fitness.
[2000 Code § 5:1-1]
Applicants for employment shall apply on forms provided by the
Borough and which have been designed to obtain relevant and pertinent
information concerning the applicant's education, training, experience,
character and other factors necessary to determine fitness and qualification
for employment. All applications shall be filed with the Business
Administrator. Applicants shall also be interviewed and approved by
the Department Head involved.
[2000 Code § 5:1-2]
The Business Administrator shall be responsible for processing
all applications for appointment. Where it appears that an applicant
is otherwise qualified for employment, the Business Administrator
shall require the applicant to furnish evidence of medical and physical
fitness. This may include a pre-employment physical to be conducted
by a physician or physicians designated by the Borough and at the
Borough's expense. It may also include a pre-employment test
to determine the use of controlled dangerous substances.
[2000 Code § 5:1-3]
An applicant for employment may be rejected when such applicant:
a.
Is not qualified for appointment to the position for which he has
applied;
b.
Is physically unfit to perform the duties of the position for which
he has applied;
c.
Is addicted to the habitual or excessive use of drugs or intoxicants
or who has failed to pass a pre-employment screening test;
d.
Has been convicted of any crime of offense, including disorderly
persons offenses involving moral turpitude;
e.
Has received other than an honorable discharge from the Armed Services
of the United States;
f.
Has been dismissed from previous employment for delinquency, insubordination
or misconduct;
g.
Has practiced or attempted to practice any deception or fraud in
the application or in furnishing other evidence of eligibility for
appointment; or
h.
Is not within age limits that have been established for the position.
[Ord. No. 767-2018 § 6]
a.
In accordance with P.L. 2011, c. 70 (New Jersey First Act) every
person hired to any position on or after September 1, 2011 must be
a resident of New Jersey. If not a resident of New Jersey when hired,
such person shall have one (1) year from the date of appointment or
hire to become a bona fide resident of this State.
[Reference: New Jersey First Act, N.J.S.A. 52:14-7 (L. 2011,
Chapter 70. Effective September 1, 2011.]
b.
Whenever there is an opening in a job or position in the Borough,
and there are two or more applicants who are equally qualified by
training or experience and equally eligible to fill the position,
preference shall be given first to a Borough resident, and if none,
then preference shall be given next to a resident of Cape May County
and next to a resident of the State of New Jersey.
Cross reference: See Avalon Code Section 5-27 (Employee Personnel Manual; Seasonal Employee Manual and Other Manuals).
c.
The positions of the Borough Clerk, Borough Tax Assessor and Borough
Tax Collector may be non-residents of the Borough but must hold the
required certifications from the State of New Jersey at the time of
their initial appointment.
Editor Note: Currently, there is no specific statute exempting
residency for the Borough Clerk, Tax Collector, or Tax Assessor. See
N.J.S.A. 40A:9-133 (Clerk); 40A:9-146 (Tax Collector); and 40A:9-142
(Assessor). Each statute, by implication, exempts those officials
from municipal residence and provides that each may be appointed in
one or more municipalities or under a shared services agreement pursuant
to the Uniform Shared Services Act, N.J.S.A. 40A:65-1 et seq.
d.
Municipal Police Officers shall be appointed in accordance with the
provisions of N.J.S.A. 40A:14-118 et seq. and are expressly exempt
from any municipal residency requirement pursuant to N.J.S.A. 40A:
14—122.1 (L. 1972, c. 3).
[2000 Code § 5:1-5; Ord. No. 687-2013 § 2]
Upon permanent appointment an employee shall become eligible
for fringe benefits. Permanent part-time employees who work at least
twenty-five (25) hours per week shall be eligible for one-half (1/2)
the amount of sick leave, vacation leave, personal leave and holiday
pay as a regular full-time employee and shall be eligible for medical
insurance benefits.
[2000 Code § 5:1.6]
Any employee may be removed from employment for disciplinary
reasons, failure to continue to remain eligible to hold the position,
conviction of a crime which would prevent the employee from holding
public employment, general layoffs, reduction in work force and any
other reason provided by general law.
[2000 Code § 5:2-1]
Every person hired to a regular, permanent position shall be
deemed to be a probationary employee until the completion of a working
test period of four (4) months. This period may be extended to six
(6) months if management deems it necessary in order to properly evaluate
an employee's performance. Professional employees and department
heads who are appointed for a fixed term shall not be subject to a
working test period, but shall be deemed to be permanent employees
upon their appointment.
[2000 Code § 5:2.2]
Prior to completion of the working test period, the probationary
employee shall be evaluated by the Department Head and a recommendation
shall be forwarded to the Business Administrator for permanent appointment
or dismissal. The Business Administrator shall develop a system of
annual or semiannual evaluations for all employees who have attained
permanent status. These evaluations will be utilized in determining
salary adjustments and eligibility for promotion.
[2000 Code § 5:2.3]
The Business Administrator shall maintain a personnel file for
each employee, and all records of such employee concerning qualification,
permanent status, work history, accumulated vacation and sick leave,
leave time and the like shall be maintained for such employee in such
file. The Business Administrator shall make such files available for
inspection by the employee on a reasonable basis.
[2000 Code § 5:2.4]
The Business Administrator shall have general overall authority
for maintaining and implementing a universal personnel management
system which applies to all departments and divisions within the Borough.
The Business Administrator shall also have general authority to establish
general and uniform rules, regulations and conditions of employment
with respect to all departments and divisions. In the event that a
particular department or division is subject to unique and special
circumstances which require particular rules, regulations or conditions,
the same shall be recommended to the Business Administrator by the
Department Head. Any specific rules and regulations which are applicable
to a single department or division shall be implemented upon approval
of the Business Administrator.
[2000 Code § 5:3-1]
The duties and terms of employment of the several officers and
employees shall be as prescribed by statute, ordinance or resolution,
if such have been enacted, otherwise such duties and terms shall be
prescribed by the Mayor subject to the approval of the Borough Council.
[2000 Code § 5:3-2]
The official hours of the Administrative Offices of the Borough
are 8:15 a.m. to 4:15 p.m., Monday through Friday. Administrative
employees shall be entitled to a one (1) hour break for lunch. Times
for lunch breaks shall be designated by the Business Administrator.
Employees of the Rescue Squad, Department of Public Works and Recreation
Department shall work forty (40) hours per week, which may be scheduled
Sunday through Saturday, as determined by the Department Head. The
provisions of this section do not apply to employees of the Department
of Public Safety or to seasonal employees.
[2000 Code §§ 5:3-3, 5:3-3.1; Ord. No. 638-2011]
The following official holidays, with pay, shall be observed
by the Borough for all regular permanent employees who are not covered
by a Collective Bargaining Agreement:
|
January 1, known as New Year's Day
|
|
Martin Luther King Day
|
|
The third Monday in February, known as Presidents' Day
|
|
The day known as Good Friday
|
|
The last Monday in May, known as Memorial Day
|
|
July 4, known as Independence Day
|
|
The first Monday in September, known as Labor Day
|
|
The second Monday in October, known as Columbus Day
|
|
November 11, known as Veteran's Day
|
|
Thanksgiving Day
|
|
The Friday following Thanksgiving Day
|
|
Christmas Day 25, known as Christmas Day
|
|
Two (2) personal days
|
If any of these holidays falls on a Saturday, it shall be observed
on the preceding Friday. If any of these holidays falls on a Sunday,
it shall be observed on the following Monday.
In the event that an official holiday is observed during an
employee's vacation, he shall be entitled to an additional vacation
day. In the event that an official holiday is observed while an employee
is on sick leave, he shall not have that holiday charged against sick
leave.
Employees who work on the actual holidays noted above, shall
receive compensatory time for that holiday at the rate of one and
one-half (1 1/2) times the hours worked.
Employees must work their regularly scheduled work day before
and their regularly scheduled work day after a holiday in order to
be paid for the holiday, unless the employee is on approved vacation
leave or an extended sick leave of more than three (3) days for which
medical evidence is provided.
[2000 Code § 5:3-3]
All regular permanent employees of the Borough who are not covered
by a collective bargaining agreement shall receive two (2) personal
days. Personal days may be used by an employee with the approval of
the Department Head. Request to use a personal day shall be made at
least forty-eight (48) hours in advance, except in emergencies. The
Department Head shall not unreasonably deny the use of a personal
day, but shall consider the needs of the Department in marking a determination.
Personal days must be used in the year in which they are earned and
may not be carried over into succeeding years.
[2000 Code § 5:3-4.1; Ord. No.
638-2011]
Employees shall earn vacation leave at the rate of one (1) day
per month of service during their first year and through December
31 following their anniversary date. Thereafter, employees shall receive
vacation leave according to the following schedule:
a.
For employees hired prior to January 1, 2011:
|
Through ten (10) years
|
14 days
|
|
Eleven (11) through twenty (20) years
|
21 days
|
|
Twenty-one (21) years and over
|
28 days
|
b.
For employees hired on or after January 1, 2011:
|
Through ten (10) years
|
12 days
|
|
Eleven (11) through twenty (20) years
|
15 days
|
|
Twenty-one (21) years and over
|
20 days
|
[2000 Code § 5:3-4.2]
Vacation leave must be taken during the current calendar year
at such time as permitted or directed by the Department Head. If a
Department Head denies the use of vacation leave due to the needs
of the Department, unused vacation leave may be carried forward to
the next succeeding year only. A Department Head shall not unreasonably
deny the use of vacation leave and shall endeavor to establish a vacation
schedule for the Department by April 1 of each year.
[2000 Code § 5:3-4.3]
An employee shall have the option, upon proper notice to the
Department Head prior to October 1, of receiving salary in lieu of
vacation leave. This shall apply to a maximum of five (5) vacation
days and shall not apply to any other leave time such as holiday,
sick or personal. Payment will be made in the first pay in December
of the current year.
[2000 Code § 5:3-5]
All permanent employees shall be entitled to sick leave, with
pay, as specified in this chapter.
[2000 Code § 5:3-5.1]
As used in this section:
shall mean and include father, mother, husband, wife, child,
foster child, sister, brother, or relative of the employee residing
in the employee's household.
shall mean absence from work of an employee because of personal
illness by reasons of which such employee is unable to perform the
usual duties of his position, exposure to contagious disease, or a
short period of emergency attendance on a member of his immediate
family who is critically ill and requiring the presence of such employee.
[2000 Code § 5:3-5.2]
a.
Employees Hired Prior to July 1, 1989:
Such employees who acquire permanent status shall accrue sick
leave on the basis of one (1) day per month starting with the month
following the date of permanent appointment for the year in which
they obtain permanent status.
Each employee who has hired prior to July 1, 1989, shall earn
twelve (12) days sick leave per year commencing January 1st following
the date of permanent appointment. Such sick leave may be accumulated
to a maximum of one hundred twenty (120) days. Any unused sick leave
shall be paid to those employees only upon retirement and at the current
rate of pay at time of retirement and provided that such employee
has a minimum of ten (10) years of continuous service with the Borough
and retires pursuant to the rules of the Public Employees Retirement
System for ordinary retirement.
b.
Employees Hired on or After July 1, 1989:
Employees hired on or after July 1, 1989 shall, upon permanent
appointment, during their first calendar year of employment earn and
accrue sick leave on the basis of one (1) day per month of service
starting with the month following permanent appointment.
Beginning January 1st following the date of permanent appointment,
each such employee shall earn twelve (12) days sick leave per year
which may be accumulated to a maximum of one hundred twenty (120)
days.
Unused sick leave shall be paid to such employees who have retired
on a disability pension or have retired after twenty-five (25) years
or more of service with the Borough, or have retired and reached the
age of sixty-two (62) or older with at least fifteen (15)years of
service to the Borough and who retire on a non-deferred basis pursuant
to the rules of the Public Employees Retirement System for ordinary
retirement. Such unused sick leave shall be paid at the rate of fifty
(50%) percent of the employee's current rate of pay up to a maximum
of seven thousand five hundred ($7,500.00) dollars.
[2000 Code § 5:3-5.3]
Absence without notice for five (5) consecutive days shall constitute
a resignation not in good standing.
[2000 Code § 5:3-5.4]
An employee who shall be absent on sick leave for more than
three (3) consecutive working days may be required to submit a physician's
certificate to the Department Head providing acceptable medical evidence
to substantiate the illness.
The Borough may require proof of illness in the form of a physician's
certificate for illnesses of three (3) days or less whenever such
requirement appears reasonable to the Department Head or the Business
Administrator.
[2000 Code § 5:3-6.1]
When a Borough employee is injured in the line of duty, the
Borough Council may, pursuant to N.J.S.A. 40A:9-7, pass a resolution
giving the employee up to one (1) year leave of absence with pay.
When such action is taken, the employee shall not be charged any sick
leave time for time lost due to such injury.
Prior to the passage of the resolution referred to herein, a
contract shall be executed between the employee and the Borough setting
forth that the employee shall reimburse the Borough for salary received,
from the moneys he may receive as workmen's compensation, temporary
benefits or from legal settlement or judgment against the person or
persons responsible for the injury.
[2000 Code § 5:3-6.2]
A leave of absence without pay may be granted for good cause,
to any employee for a period up to six (6) months under the conditions
set forth below. The leave may be extended for an additional period
of time, not to exceed an additional six (6) months.
The request for an unpaid leave in accordance with this subsection
shall be submitted in writing at least thirty (30) days prior to the
date upon which leave is requested to commence. Such request shall
be directed to the Department Head and shall state the reasons for
the leave. A request for leave to take another position shall not
be granted.
[2000 Code § 5:3-6.3]
All leaves of absence of more than one (1) week must be approved
by resolution of Borough Council.
No approval shall be required with respect to any leave of absence
which is authorized or mandated by State or Federal law including,
but not limited to the Medical and Family Leave Act of 1993.
[2000 Code § 5:3-6.1—5:3-6.4; Ord. No. 767-2018 § 6]
a.
A permanent or full-time temporary officer or employee, who is a
member of the reserve component of any United States armed force or
the National Guard of any state including the Naval Militia and Air
National Guard and is engaged in any period of Federal active duty,
shall be entitled, in addition to any pay received, if any, as a member
of a reserve component of the Armed Forces of the United States, to
a leave of absence from his or her respective duty without loss of
pay or time on all work days on which he or she shall be so engaged,
provided, however, that such leaves of absence shall not exceed 30
work days in any calendar year. Any leave of absence for such duty
in excess of 30 work days shall be without pay but without loss of
time. A permanent or full-time temporary officer or employee who is
a member of the military forces of the State of New Jersey (defined
as "militia" below) shall be entitled, in addition to pay received,
if any, as a member of the militia to a leave of absence from his
or her respective duties without loss of pay or time on all days during
which he or she shall be engaged in any period of State or Federal
active duty; provided, however, that the leaves of absence for active
duty or active duty for training shall not exceed 90 work days in
the aggregate in any calendar year. Any leave of absence for such
duty in excess of 90 work days shall be without pay but without loss
of time.
[Source: N.J.S.A. 38:23-1 amended 2001, c. 351 s.1; N.J.S.A.
38A:4-4 amended 2001, c. 351 s.1.]
b.
Leave of absence for such military duty shall be in addition to the
regular vacation or other accrued leave allowed such officers and
employees by municipal law, ordinance, resolution, or regulation.
c.
Notwithstanding subsection a. of this section, a full-time temporary officer or employee who has served under such temporary appointment for less than one year shall receive for the service hereinabove described leave without pay but without loss of time.
d.
"Militia" means all the military forces of this State, whether organized,
or active or inactive as those terms are defined in N.J.S.A. 38A:1-1.
[Reference: N.J.S.A. 38A:4-4 amended 2001, c. 351, s.3.; N.J.S.A.
38:23-1 amended 2001, c. 351, s.1.]
[2000 Code § 5:3-7.1]
Leave, with pay, not exceeding five (5) days, shall be granted
from the day of death up to and including the day of the funeral to
an employee in the event of the death of a member of the immediate
family.
[2000 Code § 5:3-7.2]
The term immediate family, for purposes of this section shall
include:
a.
The employee's spouse, child, child's spouse, parent, brother,
sister, grandparent, grandchild or great-grandchild.
b.
The child, child's spouse, parent, brother, sister, grandparent,
grandchild or great-grandchild of the employee's spouse.
c.
A relative living under the same roof.
In the event of the death of an aunt, uncle, niece or nephew
of the employee or the death of an aunt, uncle, niece or nephew of
the employee's spouse, said employee will be permitted to attend
the funeral. The time off shall be without pay unless the employee
chooses to have the time charged to accumulated compensatory time
or vacation leave. This time off is not to exceed three (3) days.
[2000 Code § 5:3-8.1; Ord. No.
614-2009 § 1; Ord. No.
631-2010; Ord. No. 638-2011; Ord. No. 687-13 § 2]
a.
The following insurance shall be carried for all permanent employees:
1.
Group health insurance with major medical coverage and maternity
benefits.
2.
Group life insurance for each permanent active employee and certain
eligible retired employees in an amount not to exceed ten thousand
($10,000.00) dollars. The life insurance benefit may be reduced at
age seventy (70) in accordance with the terms of the Borough's
policy in effect at that time. An eligible retired employee must meet
the criteria set forth in this chapter.
3.
A prescription drug insurance plan with a co-payment to be paid by
the employee for each prescription, the amount of such co-payment
to be determined by the Borough.
4.
Disability insurance to each active employee which shall pay seventy
(70%) percent of an employee's weekly salary for a maximum of
fifty-two (52) weeks.
5.
A dental program with annual deductible for the employee and each
dependent. The amount of the deductible shall be established annually
or at some other appropriate interval by resolution adopted by the
Borough Council.
6.
Liability coverage under the Borough's general liability policy
for those employees acting in the course of their employment including
the operation of their private vehicles in the course of such employment.
7.
The Borough reserves the right to select the insurance carrier(s)
of its choice and to make any changes in the coverage provided at
any time as the Borough deems necessary. The Borough further reserves
the right to modify any program of the fringe benefits including but
not limited to holiday, sick leave, vacations, option to return vacation
leave for salary, leaves of absences, funeral leave and terminal leave.
No employee or retiree shall be deemed to have a vested right to any
of the fringe benefits provided by the Borough unless otherwise specifically
provided by general law or ordinance.
b.
Cost Contribution. All employees shall pay a cost contribution for
Health Insurance Plan coverages according to the provisions of P.L.
2011, Chapter, 78, Pension and Health Benefits Reform Law adopted
June 2011. Payments shall be made by the way of withholdings from
each employee's payroll checks.
c.
Opting-Out of Coverage. Employees who can certify to having health
care coverage from another source, such as spouse's employment
or a spouse's or civil union partner's employment, may elect,
in writing, to opt-out of the Borough's group health insurance
plan and receive a payment equal to twenty-five (25%) percent of the
portion of the annual premium for the insurance that the Borough would
pay on behalf of the employee if the employee had not opted out of
coverage (the full premium less the amount the employee would have
been required to contribute) or five thousand ($5,000.00) dollars,
whichever is less. Employees who opt out of the Borough's group
health insurance plan will be entitled to receive the opt-out payment
for each year that coverage is not provided by the Borough to the
employee provided the employee can certify eligibility for other coverage.
Eligible employees may elect to re-enroll in the plan during the yearly
open enrollment period or immediately if the employee becomes ineligible
for coverage from the other source due to a life event. Payments for
opting out will be made on or about December 1 of each year, prorated
for that portion of the year the employee was not covered by insurance.
This opt-out shall not apply to employees whose spouses or civil
union partners are also employed by the Borough and receive their
health insurance from the Borough. Nor shall this opt-out apply where
an employee's "other health care coverage" is provided by the
State Health Benefits Program as multiple coverage in the State Health
Benefits Plan is prohibited. The decision of the Borough to allow
its employees to waive coverage and the amount of consideration to
be paid are not subject to collective bargaining.
Employees may also elect to opt out of dental and eye care and/or
any other type of health insurance care offered by the Borough and
receive a payment equal to twenty-five (25%) percent of that portion
of the annual premium for that insurance that the Borough would pay
on behalf of the employee if the employee had not opted out of coverage.
Opting out of prescription coverage will not entitle employees to
opt out pay unless they shall also opt out of basic health insurance
coverage.
This opt-out provision shall only apply to employees who meet
the definition of "employee" under N.J.S.A. 52:14-17.26, as amended
by P.L. 2010, c.2., which defines an "employee" as:
1.
A person employed prior to May 21, 2010, who is continuously employed
by the Borough and works a minimum of twenty (20) hours per week;
or
2.
A person employed on or after May 21, 2010, who works a minimum of
twenty-five (25) hours per week as determined by resolution; or
3.
A person employed on or after May 21, 2010, who works a minimum of
thirty-five (35) hours per week; or
4.
An elected or appointed official that was elected or appointed prior
to May 21, 2010; or
5.
An elected or appointed official who was elected or appointed prior
to May 21, 2010 and is re-elected or re-appointed to the same position;
or
6.
A person who is elected or appointed to a position on or after May
21, 2010 whose hours or work are fixed at thirty-five (35) or more
per week.
For the purpose of this regulation, the term "life event" shall
be defined as the death or disability of the employee's spouse
or civil union partner, termination of the employee's spouse's
or civil union partner's employment, or the dissolution of the
employee's marriage or the employee's civil union partnership
or termination of the employee's other employment.
[2000 Code § 5:3-8.2]
a.
Employees Hired Prior to July 1, 1989. The Borough will pay one hundred
(100%) percent of the cost of group health insurance for an employee,
including elected officials, after retirement until age sixty-five
(65) or until such time as the retiree is eligible for Medicare and
fifty (50%) percent of such costs thereafter, including the cost of
coverage for the employee's dependents. In order to qualify for
such benefit, the employee must satisfy the following eligibility
criteria as mandated by N.J.S.A. 40A:10-23.
[2000 Code § 5:3-8.1; Ord. No.
614-2009 § 1]
1.
The employee must have retired on a disability pension; or
2.
The employee retires after twenty-five (25) years or more of service
with the Borough; or
3.
The employee has retired and reached the age of sixty-two (62) or
older and has at least fifteen (15) years of service with the Borough
of Avalon.
b.
Employees Hired on or After July 1, 1989. Those employees, including
elected officials, hired on or after July 1, 1989 shall be entitled
to the same post-retirement group health insurance benefit as those
employees hired prior to July 1, 1989.
c.
Limitations on Health Insurance Coverage Over Age 65. Consistent
with the provisions hereof, the Borough shall pay fifty (50%) percent
of the American Association of Retired People (AARP) Medicare supplement,
or any other Medicare supplement providing equivalent coverage. An
employee electing to be covered by a Medicare supplement which provides
benefits in excess to those benefits provided by the AARP Medicare
supplement will be responsible for the payment of any additional premium
differential.
d.
Effect on Employees Already Retired. The provisions of this section
shall not affect any employee or elected official who has prior to
March 24, 1993 retired from employment with the Borough. Such employee
or elected official shall continue to receive those benefits which
such employee has heretofore obtained. Nothing contained in this section
shall be construed as repealing, diminishing, altering, or effecting
in any way any retirement benefit presently being provided to any
retired employee or elected official. This section is intended to
apply only to employees and elected officials who retire on or after
the effective date hereof.
[See Ord. No. 360-1993 and Ord. No. 367-1993]
e.
Post-Retirement Provisions for Certain Department or Division Heads.
The Borough may, for good cause, pay up to ninety-nine (99%) percent
of the cost of group health insurance for an employee who was hired
as a Department Head or a Division Head, including the cost of coverage
of such employee's dependent(s), provided that such employee
meets the following eligibility requirements:
1.
The individual shall have held the same or similar position with
another New Jersey Municipality or County or the State; and
2.
The individual shall possess recognized experience, skills and proficiency
and shall have demonstrated competency in a particular position or
area of responsibility; and
3.
The individual has certain expertise for which the Borough has a
specific or particular need and the employment of such individual
will address that need and will otherwise significantly benefit the
Borough; and
4.
The individual's prior employer(s) had or has a program in effect
which would pay the total cost or a portion of the total cost of post-retirement
health benefits for such individual and his/her dependents and such
individual would be eligible to participate in such program subject
only to a length of service requirement. If the prior employer's
program is limited to paying less than the total cost of such benefits,
then the Borough's obligation shall not exceed the extent of
obligation of the prior employer; and
5.
The individual shall have, at the time of retirement, a total of
twenty (25) or more years of public service with one (1) or more public
entities, of which not less than eight (8) years shall be served with
the Borough and such eight (8) years shall immediately precede the
individual's retirement.
Once such employee shall reach sixty-two (62) years of age,
the Borough will provide payments for a Medicare supplement in accordance
with the provisions of this chapter.
[2000 Code § 5:3-8.3]
[2000 Code § 5:3-9.1]
The base range of compensation of each appointive and elective
officer of the Borough of Avalon, except those covered by negotiated
contracts, or otherwise fixed by Executive Order of the Mayor, shall
be as stated in the annual Salary Ordinance.
[2000 Code § 5:3-9.2]
The salaries, wages or other compensation to be paid to all
other employees of the Administrative Departments shall be fixed by
Executive Order of the Mayor as required by N.J.S.A. 40:69A-43a, subject
to any pertinent contractual obligations and within the general limits
of the Municipal Budget. The Mayor shall also establish the specific
salary of those individuals or positions set forth in the annual Salary
Ordinance within the range established and within the limits of the
Municipal Budget. After adjustment, the resulting minimum and maximum
salaries shall be rounded to the nearest dollar.
[2000 Code § 5:3-9.3]
All appointive officers and employees of the Borough who were
hired or appointed prior to May 1, 1989, shall be entitled to longevity
payments from the original employment date, in addition to the base
rate of compensation, to be computed at two (2%) percent of the employee's
base pay for every four (4) years of service, up to a maximum of twelve
(12%) percent. Longevity pay shall be computed from the original date
of full-time and permanent part-time employment. Longevity payments
shall not be made to any officer or employee hired or appointed on
or after May 1, 1989.
[2000 Code § 5:3-9.3]
Compensation for employees who are members of any union shall
be fixed and determined by agreements entered into between the Borough
and said union(s).
[2000 Code § 5:3-9.5]
Unless otherwise governed by a contract, all Public Safety Management
Personnel shall receive at least the same benefits entitled to members
of the Avalon Police Department. These benefits shall exclude the
following: overtime and compensatory time.
[2000 Code § 5:3-9.6]
Any funds received by the Borough from the State of New Jersey
pursuant to N.J.S.A. 26:2B-35(b)(3) (Alcohol Education, Rehabilitation
and Enforcement Fund) and deposited to the Current Fund shall be distributed
among the Municipal Court Judge, the Municipal Prosecutor and other
Municipal Court personnel to compensate them for work performed in
connection with DWI matters which is in addition to regular employment
hours. The amount to be distributed to each such person shall be determined
by the Mayor or the Business Administrator if authorized by the Mayor.
[2000 Code § 5:3-9.7; New]
Any overtime worked by a Borough employee must be authorized
and approved by appropriate Borough officials, recorded on forms provided
by the Revenue and Finance Office and submitted to the Revenue and
Finance Office with the employee's bi-weekly time sheet.
Employees shall be compensated for overtime worked in accordance
with the provisions of the Fair Labor Standards Act under the following
guidelines:
Department Heads and other Managers are exempt from the overtime
provisions herein and shall not be entitled to any additional compensation
for any time worked in excess of a normally scheduled work day or
work week.
Eligible employees who work beyond the normal work week shall
be compensated with time off in lieu of cash according to the following
schedule:
Over thirty-five (35) and up to forty (40) hours shall be compensated
on a one (1) to one (1) ratio (straight time).
Over forty (40) hours shall be compensated on a one and one-half
(1 1/2) to one (1) ratio (time and one-half).
Time worked on a regularly scheduled holiday shall be compensated
on a one and one-half (1 1/2) to one (1) ratio (time and one-half).
[2000 Code § 5:3-9.8]
No Borough employees shall be permitted to accumulate more than
one hundred forty (140) hours of compensatory time. It shall be the
responsibility of each Department Head to ensure that no employee
in their Department exceeds this limit.
[2000 Code § 5:3-10]
In the event that an employee is required to serve jury duty,
he shall be paid at the regular rate of pay upon presentation of proper
evidence of jury service to the Business Administrator.
[2000 Code § 5:3-11]
Borough employees will be allowed two (2) hours off with pay
for any non-paid donation of blood to a local blood bank.
[2000 Code § 5:3-12]
A demotion may occur as a result of a reduction in force for
economic reasons or abolishment of position. An employee who is demoted
shall have his salary adjusted to the lower level of pay rate.
[2000 Code § 5:3-13]
Whenever there is a lack of work or a lack of funds requiring
a reduction in the number of employees, the required reductions shall
be made as the Mayor and Council may designate. Permanent full-time
employees shall be given a minimum of forty-five (45) days written
notice.
[2000 Code § 5:3-14]
a.
It is essential that Borough employees perform their duties in a
safe manner, protecting the safety and welfare of their co-workers
and residents is very important. The Borough is responsible for providing
supervised work areas and specific safety regulations. Employees are
responsible for:
1.
Using appropriate protective equipment.
2.
Reporting possible hazards, faulty equipment or machinery to supervisor.
3.
Working safely for everyone's sake through daily observance
of safety rules and outlined in the Employee Safety Handbook.
4.
Identifying the location of fire extinguishers and fire exits.
5.
Observing No Smoking signs.
b.
Flagrantly failing to abide by safety regulations may lead to disciplinary
action.
[2000 Code § 5:3-15]
An employee who is injured in the performance of duty shall
immediately report the accident to his supervisor and shall complete
a form provided for such reports. The accident report shall be submitted
to the Business Administrator within twenty-four (24) hours.
An accident involving any municipal property or involving other
property but occurring during the employee's workday shall be
reported in a like manner.
[2000 Code § 5:3-16]
a.
Employees Hired Prior to July 1, 1989. Employees hired prior to July
1, 1989 who retire in accordance with the Rules of the Public Employees
Retirement System, on either a deferred or non-deferred basis, shall
receive terminal leave immediately prior to retirement. Such leave
shall be computed at a rate of four (4) calendar days for each calendar
year of service. Added to such leave shall be any compensatory time
off and vacation time due which is owed to the retiring employee.
Terminal leave shall be computed retroactive to January 1, 1973. An
employee must be employed a minimum of ten (10) years before becoming
eligible to receive terminal leave payments as set forth above.
Employees who retire, upon six (6) months prior written notice
to the Borough, Shall receive payment for terminal leave, accrued
vacation and compensatory time in a lump sum payment.
The provisions of this section apply only to employees who retire
and these provisions shall not apply to those employees who resign
from their position or employment.
b.
Employees Hired on or After July 1, 1989. Employees hired on or after
July 1, 1989 shall not be entitled to terminal leave payments upon
retirement.
[2000 Code § 5:3-17]
Employees are expected to give thirty (30) days written notice
of their intended resignation. All resignations shall be forwarded
to and reviewed by the Business Administrator.
[2000 Code § 5:4-1]
The Borough expects that all employees including appointed officials,
supervisors and Department Heads, will perform their respective duties
and responsibilities conscientiously, efficiently and in the best
interest of the Borough and its citizens. Any such employee who refuses,
fails or neglects to do so or violates any of the laws of the State
or of the United States, or ordinances of the Borough of Avalon, or
who violates any directive or established policy of the Borough shall
be subject to disciplinary action as herein provided.
[2000 Code § 5:4-2]
[2000 Code § 5:4-3]
An employee who is demoted for disciplinary reasons shall be
deemed a new appointee to seniority purposes in the position to which
such employee has been demoted. Such employee shall retain his seniority
with respect to a determination of fringe benefits available to all
employees.
[2000 Code § 5:4-4]
a.
The causes for which disciplinary action may be taken include, but
are not limited to, the following:
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.
Incompetency or inefficiency or incapacity due to mental or physical
disability.
4.
Insubordination or serious breach of discipline.
5.
Intoxication or being under the influence of alcohol or other controlled
dangerous substances while on duty.
6.
Commission of a criminal act.
7.
Disobedience of a rule or regulation of the Borough.
8.
Conduct unbecoming a public employee.
9.
Chronic or excessive absenteeism.
10.
Negligence of or willful damage to public property or waste of public
supplies.
11.
Abuse or misuse of sick leave.
12.
Tardiness.
[2000 Code § 5:4-5]
The Mayor may impose minor disciplinary action against any Department
Head, including the Business Administrator. "Minor disciplinary action"
shall include any of the following: a verbal reprimand; a written
reprimand; or a suspension without pay not to exceed three (3) days.
An employee who has been subjected to minor disciplinary action shall
not be entitled to a hearing before the imposition of such discipline.
An employee who has been subject to minor disciplinary action, shall
be entitled to a review of that action as hereinafter provided.
The Business Administrator may impose minor disciplinary action
upon any Borough employee or appointee.
A Department Head may impose minor disciplinary action upon
any employee assigned to such department.
[2000 Code § 5:4-6]
An employee who is subject to discipline under this chapter
shall be served with written charges and expectations sufficiently
detailed as to apprise such employee of the offending conduct which
warrants discipline. Said notice shall also inform the employee of
the proposed penalty to be imposed in the event the charges are sustained.
Upon receipt of the written charges and specifications and proposed
penalty, the employee may elect to accept the penalty in which event
the same shall be imposed upon the employee. If the employee does
not agree to the charges or the proposed penalty, the employee may
request a hearing provided that such request is submitted in writing
within five (5) business days of receipt of the charges and specifications.
The request for a hearing shall be submitted to the Business Administrator
with a copy to the Department Head. The hearing shall be scheduled
not sooner than ten (10) days nor more than twenty (20) days following
receipt of the request.
The hearing shall be conducted by the Business Administrator
or his designee unless the Business Administrator is the party bringing
the charges in which event the Administrator Hearing shall be conducted
by the Mayor or his designee. Nothing shall be construed as preventing
either the Mayor or the Business Administrator from designating an
independent hearing officer to preside at such Administrative Hearing.
[2000 Code § 5:4-7]
In the event that an employee does not file a written request
for an Administrative Hearing in accordance with the provisions of
this chapter, then the employee shall be deemed to have waived the
right to such an Administrative Hearing and the proposed discipline
set forth in the written charges and specifications shall be deemed
to be agreed to by the employee and the same shall be implemented
forthwith.
[2000 Code § 5:4-8]
An employee who has been disciplined as a result of an Administrative
Hearing may appeal that matter to the Borough Council by filing a
written request for an appellate hearing not later than ten (10) days
following the employee's receipt of the decision of the Administrative
Hearing. Borough Council shall then schedule an appellate hearing
not sooner than ten (10) days nor more than twenty (20) days following
receipt of the appeal. The Borough Council may affirm, reverse or
modify the decision reached at the Administrative Hearing provided,
however, that Borough Council may not increase the penalty imposed
upon the employee at the Administrative Hearing. Borough Council shall
affirm the decision of the Mayor or Business Administrator with respect
to minor disciplinary action unless it shall appear that the imposition
of such minor disciplinary penalty resulted in a clear abuse of discretion
or results in a manifest, unfairness or injustice in which event Borough
Council may modify or reverse the minor disciplinary action.
[2000 Code § 5:4-9]
The provisions of this chapter for an appeal to Borough Council
shall not apply where the provisions of a collective bargaining agreement
or general law provide an alternative method of review of disciplinary
action.
[2000 Code § 5:4-10]
Probationary or temporary employees may be removed from employment
at the discretion of the Department Head.
[2000 Code § 5:4-11]
Disciplinary action against Department Heads and tenured officials
shall be handled in accordance with applicable New Jersey State Statutes.
[2000 Code § 5:5-1]
As used in this section:
shall mean any person elected or appointed to any public
office, agency or body of the Borough or employed or retained by the
Borough for any office, agency or body thereof, whether such person
serves in a paid or unpaid capacity.
[2000 Code § 5:5-2]
a.
Whenever an official, officer or employee of the Borough is a defendant
in any action or legal proceeding arising out of or incidental to
the performance of his duties, the Governing Body shall provide the
official, officer or employee with the necessary defense or, at his
option, means for defense of such action or proceeding and shall also
hold such official, officer or employee harmless from the payment,
settlement or judgment resulting from the proceedings, except the
following instances:
1.
Where the action has been brought by the Borough itself against the
said official, officer or employees or in a criminal proceeding instituted
as a result of a complaint on behalf of the Borough.
2.
Where the official, officer or employee has been specifically found
by the trier of facts in proceedings, civil or criminal, to have acted
with actual fraud, actual malice or willful misconduct.
3.
Where the official, officer or employee is found to have acted in
violation of the Borough ordinances or rules or regulations.
4.
Where the legal proceeding involves a proceeding concerning the election
laws.
[2000 Code § 5:5-3]
The Borough Council may refuse to provide for such defense and
indemnification if it determines that:
a.
The act or omission was not within the scope of the persons employment
or official duties.
b.
The act, or the failure to act, was because of actual fraud, willful
misconduct or actual malice.
c.
The defense of the action or proceedings by the Borough would create
a conflict of interest between the Borough and the official, officer
or employees.
[2000 Code § 5:5-4]
An official, officer or employee requesting defense of any action or claiming indemnification under this section shall cooperate fully and in good faith with the Borough and with any attorneys, adjustors, investigators, experts or technical personnel engaged for purposes of defense in the preparation and presentation of said defense to such action or the settlement or other disposition thereof. If such official, officer or employee shall neglect, fail or refuse to cooperate as aforesaid, the Borough Council, after hearing on ten (10) days written notice to the official, officer or employee and for cause, may declare all rights created under this Section 5-22 for the benefit of such official, officer or employee to be forfeited and terminated. Any such vote shall be by majority vote of the full membership of the Borough Council.
Whenever the Borough provides the defense of an official, officer
or employee pursuant to this section, the Borough may assume exclusive
control of the presentation of such official, officer or employee.
[2000 Code § 5:5-5]
Nothing in this section shall be deemed to authorize the Borough
to pay for damages resulting from the commission of a crime or for
exemplary or punitive damages, provided that the Borough may indemnify
an employee for exemplary or punitive damages resulting from the employee's
civil violation of State or Federal law if, in the opinion of the
Council of the Borough, the acts committed by the employee upon which
the damages are based did not constitute actual fraud, actual malice,
willful misconduct or an intentional wrong.
[2000 Code § 5:5-6]
An official, officer or employee shall not be entitled to indemnification
or the cost of defense under this section unless within ten (10) days
of the time such official, officer or employee is served with any
Summons, Order to Show Cause, Complaint, Process, Notice, Demand or
Pleadings, he delivers the same, or a certified copy thereof, to the
Borough Clerk. Upon receipt of same, the Borough Clerk shall forthwith
notify all members of Borough Council, the Business Administrator
and the Borough Solicitor of the receipt of same. The aforesaid time
period for receipt of notice of suit may be extended, for cause, by
the affirmative vote of a majority of the full membership of Borough
Council.
[2000 Code § 5:5-7]
In the event that this section conflicts with any existing negotiated
contracts between the Borough and its employees, the terms of the
contract applying to the respective employee shall govern.
[2000 Code § 5:5-8]
This section, upon its effective date, shall apply to any matter
herein covered retroactive to January 1, 1986.
[2000 Code § 5:5-9]
The amount the Borough is obliged to reimburse the municipal
official, officer or employee shall be reduced by any insurance coverage
payable to such individual or to the Borough for expenses of suit.
[2000 Code § 5:5-10]
The municipal official, officer or employee shall be obliged
to cooperate with the Borough in the conduct of the defense. Whenever
competent and disinterested legal counsel is available to the Borough
through any insurance coverage, the municipal official, officer or
employee shall be obliged to be represented by such counsel. If the
Borough wishes to utilize the services of the Municipal Attorney or
the attorney for any Board or Committee of the Borough to defend the
actions, the municipal official, officer or employee shall be obligated
to be represented by that attorney unless there be a conflict of interest
as certified by said attorney, the presiding Judge of the Count in
which the matter is pending or by the Advisory Committee of Professional
Ethics of the New Jersey Supreme Court. The refusal or the municipal
official, officer or employee to cooperate with the Borough shall
terminate the Borough's obligation to reimburse the municipal
official, officer or employee.
[2000 Code § 5:5-11]
If the legal proceeding is terminated by settlement among the
parties, then the Borough shall not be obligated to reimburse the
municipal official, officer or employee unless the Borough approves
the settlement agreement.
[2000 Code § 5:5-12]
If the municipal official, officer or employee files a counterclaim
in the legal proceedings, the Borough shall not be obligated to reimburse
said official, officer or employee for any attorneys fees or court
costs attributable to the prosecuting of said counterclaim.
[2000 Code § 5:5-13]
The Borough may reimburse a municipal official, officer or employee
for a portion or reasonable expenses incurred in connection with the
proceeding, prior to a final decision provided, however, that the
Borough gives prior approval to the undertaking of the expenses.
[2000 Code § 5:5-14]
Notwithstanding any contractual provisions, to the extent that
the Revised Statutes of the State of New Jersey provide broader indemnification
to members of the Borough Police Department and Volunteer Fire Department,
such Statutes, wherever applicable, shall supersede this section.
[2000 Code § 5:6-1]
The Borough is opposed to sexual harassment of any kind or to
the creation of an intimidating, hostile or offensive working environment.
[2000 Code § 5:6-2]
The Borough Council is hereby authorized to approve, by resolution,
a specific policy and procedure concerning sexual harassment. That
policy may be amended and revised as circumstances require. The policy,
once approved by resolution of the Borough Council, shall remain in
full force and effect thereafter until rescinded or modified by resolution.
[2000 Code § 5:6-3]
Any employee, supervisor, department head, officer or official
of the Borough of Avalon who violates such policy shall be subject
to appropriate disciplinary action as provided in this chapter.
[2000 Code § 5:7-1]
The Borough is opposed to the use and abuse of alcohol and controlled
dangerous substances within the workplace.
[2000 Code § 5:7-2]
The Borough Council is hereby authorized to approve, by resolution,
a specific policy and procedure concerning possession or use of alcohol
or controlled dangerous substance within the workplace. That policy
may be amended and revised as circumstance require. The policy, once
approved by resolution of the Borough Council, shall remain in full
force and effect thereafter until rescinded or modified by resolution.
[2000 Code § 5:7-3]
Any employee, supervisor, department head, officer or official
of the Borough of Avalon who violates such policy shall be subject
to appropriate disciplinary action as provided in this chapter.
[2000 Code § 5:8-1]
Every officer or employee of the Borough who, by virtue of his
office or position, is entrusted with the receipt, custody or expenditure
of public moneys or funds and any other officer or employee who may
be required to do so by the Borough Council shall, before entering
upon the duties such office or position, execute and deliver a surety
bond in such amount as may be fixed by the Council, binding him or
her to the Borough in its corporate name and conditioned upon the
true and faithful performance of his duty. Each officer or employee
required by law to give bond shall execute such bond with sufficient
surety and deliver the same to the Borough Clerk, except that the
Clerk shall deliver his bond to the Chief Financial Officer, before
entering upon the discharge of the duties of the office or employment.
[2000 Code § 5:8-2]
If any officer or employee shall neglect to execute and deliver
his bond as herein required within thirty (30) days after due notification
of his election or appointment, his office or position may be declared
vacant.
[2000 Code § 5:8-3]
In every case in which any person is required by the laws of
the State or by any ordinance of the Borough to give a bond for the
faithful performance of his duties, such bond shall be secured by
a corporate surety authorized to do business in this state, and the
premium therefor shall be paid by the Borough. Each such bond shall
be approved by the Borough Attorney as to form and sufficiency, and
nothing in this section shall be construed to prevent the use of one
(1) or more blanket bonds when so approved.
[New]
The Affirmative Action Officer shall be appointed in accordance with Chapter 2, Administration.
[2000 Code § 5:5-10; Ord. No. 742-2016 § 7]
a.
The Borough is authorized to prepare and distribute an Employee Personnel
Manual. Said Manual shall apply to all full time and part time personnel
of the Borough but shall not apply to certain seasonal employees who
are governed by special employee manuals as hereinafter provided.
b.
The Borough is further authorized to prepare and distribute the following
special manuals:
c.
Each Borough Employee Manual and any amendment(s) thereto shall be
effective upon approval by resolution of Borough Council. Upon approval,
each such manual shall remain in force and effect until changed or
modified and approved by subsequent action of Borough Council. Each
such manual shall be periodically reviewed and revised or supplemented
as need and circumstances require.
d.
Nothing contained herein is intended nor shall it be construed so
as to prevent the Mayor, Business Administrator, Department or Division
Heads from issuing directives to all personnel under their respective
supervision and control.
[2000 Code § 5:1-7; Ord. No. 742-2016 § 7; Ord. No. 774-2018]
As used in this section:
shall mean any programs organized and directed by the Borough
Recreation Department for children who are under the age of eighteen
(18).
shall mean the determination of whether a person has a criminal
record by cross-referencing that person's name and/or fingerprints
with those on file with the Federal Bureau of Investigation, Identification
Division, and/or the State Bureau of Identification of the New Jersey
State Police.
shall mean information collected by criminal justice agencies
concerning persons and stored in the computerized databases of the
New Jersey State Police SBI Criminal History Information System, the
National Law Enforcement Telecommunications System or other states'
computerized repositories containing criminal history record information
consisting of identifiable descriptions and notations of arrests,
indictments or other formal criminal charges and any dispositions
arising therefrom, including convictions, dismissals, correctional
supervision and release.
shall mean the Borough of Avalon Police Department.
shall mean a person who is under eighteen (18) years of age.
[Ord. No. 774-2018]
shall mean any purpose, other than administration of criminal
justice or criminal justice purpose, including employment and licensing,
for which applicant fingerprints or name search requests are submitted
by authorized requesters, as required or permitted by a Federal or
State statute, rule or regulation, executive order, administrative
code provision, local ordinance, resolution or by this section, to
the State Bureau of Identification for the dissemination of criminal
history record information.
shall mean any program or event which is organized for the
specific purpose of attracting participation by persons under eighteen
(18) years of age which utilizes public land or facilities.
shall mean the New Jersey State Bureau of Identification
created by P.L. 1930, c. 65, as a bureau within the Division of State
Police.
[2000 Code § 5:1-7; Ord. No. 742-2016 § 7; Ord. No. 774-2018]
a.
The Borough requires that all employees and volunteers over the age
of eighteen (18) years, and all persons utilizing Borough facilities,
having direct contact with minors involved with Borough-sponsored
programs or other programs specifically organized for participation
by persons under the age of eighteen (18) years old, submit to a criminal
history record background check. Failure to so submit to such background
check shall constitute grounds for disqualification of that individual.
b.
The Borough shall conduct a criminal history record background check
only upon receipt of the written consent to the check from the prospective
or current employee or volunteer. In the case of an outside organization
utilizing Borough facilities for such programs, submission of a list
of applicable persons with such consent from each person shall be
required prior to approval of such use of Borough facilities.
c.
The Division of State Police shall inform the Borough Police Department
whether the person's criminal history record background check
reveals a conviction of a disqualifying crime or offense as set forth
herein below.
d.
The Borough shall bear the cost associated with conducting this criminal
history record background check for all employees or volunteers involved
in Borough-sponsored programs. Costs associated with persons required
to submit to such background checks who are not Borough employees
or volunteers but utilize Borough facilities shall be borne by such
individual or the organization for which such individual works or
volunteers.
e.
It shall be the responsibility of the Department or Division Head
having direct supervisory authority over the employee or volunteer
to arrange for the appropriate criminal background check at the time
interval and frequency required by this chapter.
f.
New employees, or employees recently assigned to duties involving
contact with minors and all new volunteers shall submit to a full
criminal history background check which includes fingerprints, and
which shall be completed prior to any such individual engaging in
any activity involving minors. Such background check shall be repeated
thereafter every two (2) years. Such individuals shall be required
to submit to a computer background check in those years when a full
criminal history background check is not required. All subsequent
checks shall be undertaken, insofar as reasonably possible, during
the month in which employee or volunteer first commenced activities
involving minors, provided that there has been no lapse in employment
or volunteer services and that the employment or volunteer activity
has been conducted on a continuing basis.
[Ord. No. 774-2018]
|
In the event that any employee or volunteer experiences a lapse
in the performance of any activity involving minors, and such lapse
extends for six (6) months or more, such individual shall be required
to undergo a full criminal history background check, which includes
fingerprints, before resuming any duties or activity involving contact
with minors.
[Ord. No. 774-2018] |
[2000 Code § 5:1-7; Ord. No. 742-2016 § 7]
a.
A person shall be disqualified from serving as an employee or volunteer
involved with Borough-sponsored programs or persons involved in other
programs using Borough facilities specifically organized for participation
by persons under the age of eighteen (18) years old if that person's
criminal history record background check reveals a record of conviction
of any of the following crimes or offenses:
1.
In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11-1 et seq. (i.e. criminal
homicide; murder; manslaughter; death by vehicular homicide; aiding
suicide; leaving the scene of a motor vehicle accident); N.J.S.A.
2C:12-1 et seq. (i.e. assault; endangering an injured victim; recklessly
endangering another person; terroristic threats; stalking; disarming
law enforcement or corrections officer); N.J.S.A. 2C:13-1 et seq.
(i.e. kidnapping; criminal restraint; interference with custody; criminal
coercion; enticing child into a motor vehicle, structure or isolated
area); N.J.S.A. 2C:14-1 et seq. (i.e. sexual assault; criminal sexual
contact; lewdness; juveniles in need of supervision); N.J.S.A. 2C:15-1
et seq. (i.e. robbery; carjacking).
(b)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1
et seq. (i.e. bigamy; endangering the welfare of children, incompetent
persons, the elderly or disabled persons; willful nonsupport; unlawful
adoptions; employing a juvenile in the commission of a crime).
(c)
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes (i.e. including theft of real or personal property in excess of two hundred ($200.00) dollars; receiving stolen property; fencing; theft of services; shoplifting; computer related theft).
(e)
Providing alcoholic beverages to minors.
(f)
Sexual offenses, including but not limited to child pornography,
pursuant to N.J.S.A. 2C:24-1 et seq.
(g)
Selling firearms or other weapons to pursuant to N.J.S.A. 2C:39-1
et seq.; lewdness and obscenity toward children, pursuant to N.J.S.A.
2C:24-4.
2.
In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the crimes or disorderly persons
offenses described in paragraph a1 of this subsection.
b.
For purposes of interpreting the information recorded in a criminal
history record to determine the qualifications of the employee or
volunteer involved with Borough-sponsored programs or persons involved
in other programs using Borough facilities specifically organized
for participation by persons under the age of eighteen (18) years
old, the Borough shall presume that the employee or volunteer is innocent
of any charges or arrests for which there are no final dispositions
on the record, except for charges or arrests for sexual misconduct
either in state or without. As to such charges or arrests, such employee
or volunteer is required by notify the Chief of Police and the Director
of the Department of Recreation immediately following such charge
or arrest.
c.
Notification of disqualification based on the criminal history record
shall be made to the employee or volunteer by the Chief of Police
or his designee.
[2000 Code § 5:1-7; Ord. No. 742-2016 § 7]
a.
Prospective and/or current employees and volunteers of Borough-sponsored
programs or persons involved in other programs using Borough facilities
specifically organized for participation by persons under the age
of eighteen (18) years old shall submit the name, address, fingerprints
and written consent to the Borough for the criminal history record
background check to be performed. The Borough shall submit this documentation
to the Police Chief of the Borough of Avalon, or his designee, who
shall coordinate the background check.
b.
The Department shall act as a clearinghouse for the collection and
dissemination of information obtained as a result of conducting criminal
history record background checks pursuant to this section.
c.
The Borough may, in its discretion, engage the services of a third-party
independent agency to conduct the criminal history record background
checks authorized under this section.
[2000 Code § 5:1-7; Ord. No. 742-2016 § 7]
a.
Access to criminal history and record information for noncriminal
justice purposes, including licensing and employment, is restricted
to authorized personnel of the Borough-sponsored program or other
programs specifically organized for participation by persons under
the age of eighteen (18) years old, on a need to known basis, as authorized
by Federal or State statute, rule or regulation, executive order,
administrative code, local ordinance or resolution regarding obtaining
and dissemination of criminal history record information obtained
under this section.
b.
Such person shall limit their use of criminal history record information
solely to the authorized purpose for which it was obtained, and criminal
history record information furnished shall not be disseminated to
persons or organizations not authorized to receive the records for
authorized purposes. Use of this record shall be limited solely to
the authorized purpose for which it was given and shall not be disseminated
to any unauthorized persons. This record, in whatever form it exists,
including electronically or via computer, shall be destroyed immediately
by the Borough after it has served its intended and authorized purpose.
Any person violating Federal or State regulations governing access
to criminal history record information may be subject to criminal
and/or civil penalties.
[2000 Code § 5:1-7; Ord. No. 742-2016 § 7]
If this criminal history record disqualifies an applicant or
existing employee or volunteer of the Borough of persons involved
in programs using Borough facilities for programs specifically organized
for participation by persons under the age of eighteen (18) years
old, the Chief of Police or his designee shall provide the disqualified
person with an opportunity to complete and challenge the accuracy
of the information contained in the criminal history record. The disqualified
person shall be afforded a reasonable period of time to correct and
complete this record not to exceed thirty (30) days. A person is not
presumed guilty of any charges or arrests for which there are no final
dispositions indicated on the record.
