[Editor's Note: See also Borough resolutions.]
[1982 Code § 42-15]
As used in this chapter:
- DEPARTMENT HEAD
- Shall mean any person appointed to be the supervisor or administrative official appointed to supervise the members of a department of the Borough of Little Ferry.
- Shall mean an employee of the Borough of Little Ferry, to include all persons appointed by the Mayor and Borough Council to salaried positions within the Borough of Little Ferry, which positions have been authorized by ordinance and compensation for which has been provided in the Salary Ordinance adopted by the Mayor and Council.
- FULL-TIME EMPLOYEE
- Shall mean an employee appointed to a position within the Borough of Little Ferry and who is required to work a full workweek or number of hours as provided from time to time by the Mayor and Borough Council of the Borough of Little Ferry or its properly designated officials.
- Shall be rounded off to a whole month, not a fraction thereof.
- PART-TIME EMPLOYEE
- Shall mean a person appointed to a position by the Mayor and Borough Council of the Borough of Little Ferry whose duties require less than a full workweek on behalf of the Borough.
- TEMPORARY EMPLOYEE
- Shall mean a person appointed by the Mayor and Borough Council of the Borough of Little Ferry or its properly designated officials whose appointment is less than permanent in nature or is less than a full term attached to the position and which appointment is for a limited time only.
[1982 Code § 42-16]
Employment by the Borough of Little Ferry shall be based solely on the applicant's qualifications without regard to race, creed, color, national origin, sex or age.
Whenever a vacancy exists or a new position is created, recruitment to fill the same with a qualified person will be conducted by the Mayor and Borough Council or other person designated by it.
The Mayor and Borough Council shall determine the appropriate qualifications for the particular position to be filled and the decision of the Mayor and Council in such matters shall be final.
Prior to the appointment of any applicant, the person shall undergo a physical examination or examinations as requested by the Mayor and Borough Council by physicians named by the Mayor and Council. The prospective appointee or employee shall also complete and file a prescribed questionnaire of physical condition and medical history with the Borough Clerk.
It is the policy of the Borough of Little Ferry to offer employment and fair treatment to all its employees. The employee is expected to properly maintain his mental and physical well-being to the reasonable satisfaction of the department head and the Mayor and Borough Council.
An application for employment may be rejected for the following reasons, among others:
The applicant fails to qualify because he is unable to perform the duties of the position.
The applicant is physically unfit to perform the duties of the position for which he has applied.
The applicant is addicted to the habitual or excessive use of drugs or intoxicants.
The applicant has been convicted of any crime or offense involving moral turpitude.
The applicant has been dismissed from previous employment for delinquency, insubordination or misconduct.
The applicant has practiced or attempted to practice any deception or fraud in his application or in furnishing other evidence of eligibility for appointment.
This chapter shall not affect or apply to members of the Police Department.
[1982 Code § 42-17]
[1982 Code § 42-18A]
An employee who is injured in the performance of his duties shall immediately report the accident to his supervisor, and the employee and the supervisor shall each submit at once a written report detailing the accident to the Borough Clerk.
[1982 Code § 42-18B]
The employee shall not accept outside employment or engage in outside business activities if there is any reasonable probability that such outside employment will interfere with an employee's performance or compromise an employee's position with the Borough.
[1982 Code § 42-18C]
The Borough Clerk shall establish forms for maintaining personnel records for each employee in the Borough. The personnel records shall contain periodic personnel evaluation reports by the respective department head, which reports are hereby required of each department head. The records shall include dates of appointments, promotions, job titles, salaries, commendations, disciplinary actions, leaves of any type taken and accumulated grievances and similar information. All such files and reports shall be confidential records and accessible only to the Borough Clerk, Mayor and Borough Council and to the department head of the employee. Such personnel records shall be maintained in a locked file.
[1982 Code § 42-18D(1)]
No part of the pay due an employee for work done shall be withheld from his check except as required by law or as authorized in writing by the employee.
[1982 Code § 42-18D(2)]
Employees may not accept donations or other gratuities, contributions or anything of value in connection with the performance of their duties.
[1982 Code § 42-18E]
Borough employees shall not engage in political activities during working hours.
[1982 Code § 42-19A, B]
All full-time regular employees of the Borough are allowed the following paid holidays: New Year's Day, Lincoln's Birthday, Washington's Birthday, Good Friday, Memorial Day, Independence Day (July 4th), Labor Day, Columbus Day, Election Day, Veterans Day, Thanksgiving Day, Christmas Day.
When any of the above legal holidays fall on a Saturday or Sunday, the holiday shall be celebrated on the Friday before or the Monday after, at the discretion of the Mayor.
[1982 Code § 42-19C]
In order to be entitled to the paid holidays stated in subsection 9-10.1, the employees must work the regular workdays before or after the holiday, except that if a holiday falls within an employee's vacation, the employee will receive an additional day of vacation.
[1982 Code § 42-19D]
Where it is necessary to maintain service requiring an employee to work on an official holiday, that employee may be compensated by being permitted to take an equal amount of time off with pay on a regular working day at a time approved by his department head.
[1982 Code § 42-19E]
Should an official holiday occur while an employee is on sick leave, he shall not have that holiday charged against his sick leave.
[1982 Code § 42-19F]
Full-time employees shall be entitled to four (4) personal days.
[1982 Code § 42-20]
Accurate and complete time and attendance records will be maintained by each department unit of the Borough. The head of the department will certify to the Borough Clerk as to the accuracy of the time and attendance records at the end of each pay period. Records shall be kept on forms prescribed by the Borough Clerk.
Being punctual is of the utmost importance; consequently, any lateness and the reason for is will be noted on the time record. Recurring or chronic lateness will be referred to the Borough Clerk for appropriate action and will be the basis for disciplinary action against the offending employee by the Governing Body.
It is the responsibility of each employee to notify his department head without delay if he will be absent from or delayed in reaching his assigned post.
The regular workweek for Borough employees and the schedule of hours shall be set by the department heads, subject to approval of the Mayor and Borough Council.
[1982 Code § 42-21]
Overtime work shall be kept to a minimum and, except in the case of an emergency, must be authorized in advance by the department head. Records shall be kept of all overtime and be part of the Borough Clerk's monthly report to the Mayor and Borough Council.
Overtime pay will be paid in accordance with the yearly Salary Ordinance which is adopted and supplemented.
[1982 Code § 42-22]
All full-time regular employees of the Borough shall be entitled to paid vacations on a calendar-year basis as follows:
One-half (1/2) day per month during the first year.
After one (1) year of continuous employment by the Borough: ten (10) workdays.
After six (6) years of continuous employment by the Borough: fifteen (15) workdays.
After twelve (12) years of continuous employment by the Borough: twenty (20) workdays.
After eighteen (18) years of continuous employment by the Borough: twenty-five (25) workdays.
All vacations must be scheduled and approved by the department head and by the Mayor and Borough Council.
Temporary employees are not eligible for vacation benefits.
Vacation time cannot be accrued unless approved by the Mayor and Borough Council.
In the event of termination of employment or resignation, vacations will be prorated.
[1982 Code § 42-23]
Sick leave may be granted to each full-time employee who is unable through sickness or injury to perform the duties of his position.
Only full-time employees shall be entitled to sick leave with pay of one (1) working day for every month of service during the first calendar year of service following appointment and fifteen (15) working days in every calendar year thereafter.
In order to qualify for sick leave of three (3) consecutive days or more, the absence of an employee must be properly certified by a physician or hospital.
All absences due to illness or disability shall be reported immediately by or for the employee to his department head or, in his absence, to the Borough Clerk.
In all cases of reported illness or disability, the Borough shall have the right to send a visiting nurse or the Borough medical officer to investigate the report, and to have any employee reported or reporting as ill or sick to be examined by a physician designated by the Borough. Any employee who has been absent from duty for a continuous period longer than ten (10) days shall furnish the Borough with his physician's medical report certifying that the employee is physically fit and able to resume his duties. The Borough shall also have the right to have such employee examined physically by a physician of its own choice to determine whether or not such employee is able to resume his duties and employment.
Sick leave shall not be granted for ordinary medical or dental care nor for the services of an oculist for normal eye care.
An employee suffering a disability as a result of his employment shall not have any such absence resulting therefrom charged against his sick leave time.
Accrual of sick leave shall be permitted by the Mayor and Borough Council in the event of extraordinary illness, and additional time may be granted at the discretion of the Mayor and Council; however, such accrual of sick leave shall not exceed one hundred twenty (120) days.
There will be no entitlement for accumulated sick leave upon termination of employment.
When a full-time Borough employee is injured in the line of duty, the Borough Council may pass a resolution giving the employee up to one (1) year's leave of absence with pay. The total benefits received as salary or for loss thereof by such employee, other than privately paid insurance plans, shall not exceed such employee's regular salary. In the event that this subsection becomes operable and the employee is receiving temporary disability checks from either the State of New Jersey or the Borough's workman's compensation carrier, then in either event, the employee shall be obligated to turn over to the Borough any moneys received thereby.
[1982 Code § 42-24A]
Maternity leave may be granted without pay for up to one (1) year, provided that the request is approved by the department head and by the Mayor and Borough Council.
[1982 Code § 42-24B]
Any full-time employee who is a member of the National Guard or reserve components of the military or naval service of the United States and is required to perform active duty for training periods shall be granted a leave of absence with pay for the period of such training. The amount of such paid leave, unless the employee elects to use his annual vacation leave, shall be the difference between the employee's salary for the leave period and the amount of money received from the State or Federal government for such service. When an employee has been called to active duty or inducted into the military or naval forces of the United States, he shall automatically be granted an indefinite leave of absence without pay for the duration of such active service. However, in order that the employee may be reinstated without loss of privileges or seniority, he must report for duty with the Borough within thirty (30) days following his termination of active service and his honorable discharge from the military services.
[1982 Code § 42-24C]
A full-time employee who is subpoenaed as a witness in a civil or criminal case not involving him in his capacity as a Borough employee or an employee who is called and serves on a jury may be granted paid leave for the period of time in which he is officially involved with the court in such capacity.
[1982 Code § 42-24D]
Each full-time employee may be granted, upon approval of the employee's department head, time off with pay, not to exceed three (3) days, in the event of a death in his immediate family. However, upon recommendation of the department head, a reasonable extension of time beyond three (3) days may be allowed where circumstances justify such action. The term "immediate family" includes father or mother, wife or husband, brother or sister, son or daughter, or mother-in-law or father-in-law and relatives in the household of the employee.
[1982 Code § 42-24E]
Full-time employees may be granted skill or professional improvement leave with or without pay for specific courses of study relating to the work of the Borough in which he is employed, or leave to attend conferences of professional and similar associations. Such leave may be granted upon recommendations of the employee's department head and approval by the Mayor and Borough Council.
[1982 Code § 42-24F]
A leave of absence without pay may be requested by an employee of the Borough by submitting the reasons for the requested leave in writing to the department head. Such requests will require the approval of the Mayor and Borough Council.
[1982 Code § 42-25]
The pay of Borough employees shall be on the basis of appropriate schedules of annual or hourly rates as prescribed in the Salary Ordinance.
All wages for full- and part-time employees and officials on an annual salary basis shall be paid in accordance with the Salary Ordinance.
The rates of pay for different classes of positions shall be prescribed in the Salary Ordinance of the Borough which from time to time may be adopted, modified and/or supplemented.
Longevity pay will be in accordance with the schedule which may be found on file in the office of the Borough Clerk.
[1982 Code § 42-26]
Any employee who wishes to resign from Borough service shall give his office or department head at least two (2) weeks' prior written notice of his resignation, unless the Mayor and Borough Council requires a longer service or agrees to a shorter notice. Any employee so resigning shall not take his earned annual vacation time during the two (2) week notice period.
Any employee failing to give at least two (2) weeks' notice shall forfeit his accrued vacation time or any type of compensation in lieu of vacation.
The office or department head shall indicate his approval or disapproval of the employee's resignation notification and forward it to the Mayor and Borough Council, who may reject or accept the terms of the resignation. No resignation shall become effective until it is recommended for approval by the employee's office or department head and approved by the Mayor and Council.
Any employee who does not submit his resignation in compliance with the provisions in this section or whose resignation is not approved or who is absent from work for a period of three (3) or more days without notifying his office or department head of the reasons for his absence and of his intention to return to work may be considered as having resigned without notice.
Any employee who fails to return to his duties within three (3) days after the expiration date of an authorized leave period without notifying his office or department head shall be considered as having resigned without notice, provided the failure to give notice was not caused by unavoidable circumstances.
[1982 Code § 42-27; Ord. No. 1129-10-07]
All Borough employees enrolled in the Public Employees' Retirement System of New Jersey are subject to the requirements and provisions of the plan.
All information regarding the retirement plan may be obtained from the office of the certifying agent of the Public Employees' Retirement System of New Jersey.
Little Ferry (Employee Handbook).
Extended Health Benefits. The employer will provide for a post-retirement medical benefit for members of those collective bargaining units who have successfully negotiated this benefit for employees who take a P.E.R.S. or P.F.R.S. retirement after twenty-five (25) or more years of full service.
When any employee who is a member of a collective bargaining unit retires, coverage will continue for such employee in accordance with the terms of the employee's collective bargaining agreement in effect at the time of the employee's retirement.
For all members of those collective bargaining units who have successfully negotiated a post-retirement medical benefit, upon turning sixty-five (65) years of age, Medicare will become the retired employee's primary medical insurance carrier and the negotiated medical benefits will become the employee's secondary medical insurance carrier.
For all members of those collective bargaining units who have successfully negotiated a post-retirement medical benefit, the employer will only be responsible for the type of coverage in place at the time of retirement or any subsequent reduced level of coverage.
For example, for an eligible employee who enjoys "Single" type coverage at the time of retirement, the employer is only responsible for the cost of "Single" type coverage. The employee may subsequently have that coverage changed to "Husband-Wife" or "Family" type coverage; however the employee will be responsible for any increase in costs related to the change in coverage.
If the employee's individual circumstances change post-retirement so as to permit a reduced level of coverage then the employer will only be responsible for the type of reduced level of coverage.
For example, for an eligible employee who enjoys "Family" type coverage at the time of retirement, the employer is responsible for the "Family" type coverage. If the employee's individual circumstances change post-retirement so as to permit a reduced level of coverage from "Family" to "Husband-Wife" or "Single," then the employer will only be responsible for the reduced level coverage, as applicable. The employee may subsequently have the coverage increased to a higher coverage; however the employee will be responsible for any increase in costs related to the change in coverage.
The employee must notify the Borough Administrator of any changes in individual circumstances which may permit a reduced level of coverage. If the employee fails to notify the employer within thirty (30) days of any change in circumstances which would permit a reduced level of coverage, then the employee will be responsible, and must reimburse the employer, for any and all costs associated with the higher level of coverage from the time the employee was obligated to notify the employer until the coverage is reduced.
[1982 Code § 42-28]
When a department head has reasonable grounds to believe that an employee is not conforming to Borough policies and rules or to specific instructions given him, the department head should first privately discuss the matter with such employee. The department head should, if possible, then obtain assurance that there will not be a repetition of the incident.
If the matter is not serious and the department head is satisfied, the matter may be dropped.
Should the department head consider such conduct sufficiently violative of the aforesaid policies, rules or instructions to warrant further consideration by the Mayor and Borough Council, the employee should be so advised and a meeting of those interested arranged at the earliest possible date. All facts should be presented at this meeting, which should, if possible, be conclusive. A written report of the meeting and of the action taken should be placed in the employee's personnel history file. The Mayor and Borough Council may take such action as is warranted by the facts.
Disciplinary actions against employees may include the following:
Informal private verbal reproof by the department head.
Written memorandum of censure from the department head or his superior.
Letter of admonition from the Borough Clerk as directed by the Mayor and Borough Council.
Suspension from duty without pay, not to exceed fifteen (15) working days.
Transfer or demotion of employee.
Separation from the service of the Borough.
Suspension from duty of any employee may be ordered by the Mayor and Borough Council for any of the reasons as specified in paragraph I below.
A fair and complete investigation of the case will be made promptly by the Borough Clerk or the Borough Attorney to accumulate all of the facts and to interview all interested parties. If requested by the suspended employee, a hearing will be held and a written record of such hearing will be made. After the conclusion of the investigation and hearing, if one is held, the finding and recommendations, supported by all available data, will be reported to the Mayor and Borough Council.
All papers in connection with a disciplinary action will be placed in the employee's personnel file.
Any employee may appeal a disciplinary action, except suspension from duty, by means of the procedure set forth for handling grievances.
An employee may be suspended, demoted or otherwise disciplined for cause. Among the cause sufficient for such action shall be:
Neglect of duty.
Absence without leave or failure to report after authorized leave has expired or after such leave has been disapproved or revoked.
Incompetency, inefficiency or incapacity due to mental or physical disability.
Serious breach of discipline.
Intoxication while on duty.
Conviction of a criminal act.
Participating in any political activity prohibited by this chapter.
Disobedience of departmental rules and regulations.
Conduct unbecoming a public employee on duty.
[1982 Code § 42-29]
It is the policy of the Borough of Little Ferry that every employee at all times be treated fairly, courteously and with respect. Conversely, each employee is expected to accord the same treatment to his associates, department head and to the public.
Whenever an employee has a grievance, he should first present it verbally to his department head. It is the responsibility of the department head to arrange a mutually satisfactory settlement of the grievance as quickly as possible if it can and in his opinion should be made within the discretion permitted him. The department head must either conclude a mutually satisfactory solution to the grievance within forty-eight (48) hours of the time presented to him or, failing in that, within that time advise the employee and the Mayor and Borough Council of his inability to do so.
When an employee is informed by his department head that he is unable within the discretion permitted him to arrange a mutually satisfactory solution to the grievance, the employee must, if he wishes to present the grievance to the Mayor and Borough Council, do so in writing.
The employee will prepare the grievance in writing, in duplicate. The grievance should be stated as completely and as clearly as possible in order to permit prompt handling. One (1) copy of the grievance shall be delivered to the Borough Clerk, who will, without delay, forward it to the Mayor and Borough Council in order to advise the Mayor and Council of the filing of the grievance.
The other copy of the grievance shall be presented by the employee to his immediate department head, to whom the grievance will be made verbally. The department head will report the facts and events which led to its presentation, in writing, and include in his written report any verbal answer he may have previously given to the employee concerning this grievance. Within twenty-four (24) hours after receipt of the written grievance, the department head must present it, with the information required from him, to the Mayor and Borough Council.
Since it is intended that most, if not all, grievances can and should be settled without the necessity of reference to the Mayor and Borough Council, no grievance will be heard or considered by the Mayor and Council until it has passed through all of the above-described steps.
All papers and documents relating to a grievance and its disposition will be placed in the employee's personnel file.
[1982 Code § 42-30]
The following procedure shall be followed with respect to necessary expenses for conventions, seminars and business or travel of employees of the Borough while on Borough business or attending job improvement training:
No employees shall incur any expense on behalf of the Borough for conventions, seminars and business or travel expenses without first receiving the prior written approval of the Mayor and Borough Council.
Upon returning from any convention, seminar or business trip, the employee shall make a full oral report and, if required by the department head, a written report thereof to the appropriate board or department or the Mayor and Borough Council.
All employees shall submit an itemized voucher for all expenses incurred on any duly authorized trip to a convention, seminar or on any other valid Borough business and shall thereupon be reimbursed.
[1982 Code § 42-31]
Day-to-day inquiries with respect to the provisions of this chapter shall be directed to the Borough Clerk for response.
[1982 Code § 42-1]
It shall be the policy of this Borough that equal opportunity of employment and advancement in employment shall be based on merit and ability to perform without regard to race, color, national origin, religion, sex, political affiliation or age.
[1982 Code § 42-2]
No arbitrary, unreasonable or artificial barrier shall impede the employment or promotion of any person for any position.
[1982 Code § 42-3]
No criteria or standard for employment or promotion in employment shall be established unless such criteria or standard shall be specifically related to the job or position to be filled, either by employment or promotion thereto.
[1982 Code § 42-4]
Criteria may be established requiring a minimum educational or job experience attainment for certain jobs or positions where such criteria are job- or position-related.
[1982 Code § 42-5]
Any application, test, examination or demonstration of ability for a particular position or job, whether in writing or oral, shall specifically relate to the position or job to be filled.
[1982 Code § 42-6]
Marital status or condition of pregnancy shall not be cause to deny employment or promotion or to warrant discharge from employment. A pregnant employee who desires a leave of absence and then a return to work shall be offered comparable employment at comparable pay on a first-available basis.
[1982 Code § 42-7]
The arrest record of an employee or applicant shall not be a bar to employment or continued employment. Conviction of any applicant or employee may be a bar to employment or continued employment if the act or conduct resulting in conviction relates to the specific position or job.
[1982 Code § 42-8]
Physical requirements that relate to the position or job may be adopted, but such requirements shall not be applied to the requirement of any position or job to which they do not relate.
[1982 Code § 42-9]
There shall be no discrimination among employees on the basis of sex as to rates of pay or promotional opportunity where equal work requires equal skill, effort and responsibility for work performed under similar working conditions.
[1982 Code § 42-10]
There shall be no discrimination because of the age of any applicant for employment or any employee as to rate of pay, promotional opportunities or working conditions, and no limitation shall be placed upon any person because of age.
[1982 Code § 42-11]
No person shall be deprived of employment or refused promotion or be discriminated against in any manner in his or her employment or employment opportunity by reason of race, color, religion, sex, marital status, age or political affiliation or for any reason. Ability to perform and merit shall be the sole criteria for employment or advancement in employment.
[1982 Code § 42-12]
To comply with the requirements of the several laws concerning affirmative action in connection with Federal and State grants, the administration of an equal employment opportunity program shall be directed by the Borough Clerk.
[1982 Code § 42-13]
The Borough Clerk shall have the responsibility and authority to assure that no discrimination concerning the provisions of any Federal or State act shall occur in any program undertaken by the Borough of Little Ferry and funded in any manner by the United States or the State of New Jersey or any political subdivision thereof.
[1982 Code § 42-14]
The Clerk shall require, when necessary under the terms of this section or of any pertinent law or regulation or executive order, the filing of an affirmative action program by the Borough or by any contractor or subcontractor doing any work for which governmental funds are received.
The public judges its government by the way public officials and employees conduct themselves in the posts to which they are elected or appointed.
The people have a right to expect that every public official and employee will conduct himself in a manner that will tend to preserve public confidence in and respect for the government he represents.
Such confidence and respect can best be promoted if every public official and employee, whether paid or unpaid and whether elected or appointed, will uniformly:
To help public officials and employees achieve these goals is one of the objectives of the Code of Ethics.
The Code of Ethics places judgment in the hands of an impartial public Board of Ethics which will review the facts and measure them by the yardstick of public morality established by the Code of Ethics.
[1982 Code § 21-2]
As used in this section:
- FINANCIAL INTEREST
- Shall mean any interest which shall yield, directly or indirectly, a monetary or other material benefit (other than the duly authorized salary or compensation for his services to the municipality) to the official or employee or to any person employing or retaining the services of the official or employee.
- OFFICIAL OR EMPLOYEE
- Shall mean any person elected or appointed to or employed or retained by any public office or public body of the municipality, whether paid or unpaid and whether part-time or full-time.
- PERSONAL INTEREST
- Shall mean any interest arising from blood or marriage relationships or from close business association, whether or not any financial interest is involved.
- PUBLIC BODY
- Shall mean any agency, board, body, commission, committee, department or office of the municipality.
[1982 Code § 21-3]
No official or employee shall grant or make available to any person any consideration, treatment, advantage or favor beyond that which it is the general practice to grant or make available to the public at large.
[1982 Code § 21-4]
No official or employee shall request, use or permit the use of any publicly owned or publicly supplied property, vehicle, equipment, labor or service for the personal convenience or the private advantage of himself or any other person. This role shall not be deemed to prohibit an official or employee from requesting, using or permitting the use of such publicly owned or publicly supplied property, vehicle, equipment, material, labor or service which it is the general practice to make available to the public at large or which is provided as a matter of stated public policy for the use of officials and employees in the conduct of official business.
[1982 Code § 21-5]
No official or employee, either on his own behalf or on behalf of any other person, shall have any financial or personal interest in any business or transaction with any public body in the municipality unless he shall first make full public disclosure of the nature and extent of such interest.
[1982 Code § 21-6]
Whenever the performance of his official duties shall require any official or employee to deliberate and vote on any matter involving his financial or personal interest, he shall publicly disclose the nature and extent of such interest and disqualify himself from participating in the deliberation as well as in the voting.
[1982 Code § 21-7]
No official or employee shall engage in private employment with, or render services for, any private person who has business transactions with any public body for the municipality unless he shall first make full public disclosure of the nature and extent of such employment or service.
[1982 Code § 21-8]
No official or employee shall accept any gift, whether in the form of money, thing, favor, loan or promise, that would not be offered or given to him if he were not an official or employee.
[1982 Code § 21-9]
No official or employee shall, without prior formal authorization of the public body having jurisdiction, disclose any confidential information concerning any other official or employee or any other person or any property or governmental affairs of the municipality.
Whether or not it shall involve disclosure, no official or employee shall use or permit the use of any such confidential information to advance the financial or personal interest of himself or any other person.
[1982 Code §§ 21-10, 21-11, 21-12]
Creation and Organization.
There is hereby created and established a Board of Ethics consisting of five (5) persons who shall hold no other office or employment in the municipality and an attorney at law of the State of New Jersey. All members other than the attorney at law shall be residents of the Borough of Little Ferry.
The members shall be appointed by the Mayor of the municipality, subject to confirmation by the majority of the Governing Body. They shall serve for a term of five (5) years; provided, however, that those first appointed hereunder shall have terms expiring one (1), two (2), three (3), four (4) and five (5) years, respectively, from the date of commencement of their terms. Vacancies shall be filled for unexpired terms. The attorney for the Board shall be appointed for a one (1) year term.
The members shall elect a Chairman annually. The Board shall adopt rules for the conduct of the Board's business. The Board shall have the power to employ stenographic and clerical help.
Advisory Opinions. Upon the written request of the officer or employee concerned, the Board shall render written advisory opinions based upon the provisions of the Code of Ethics. The board shall file its advisory opinions with the Municipal Clerk but may delete the name of the officer or employee involved.
Hearings and Determinations. Upon the sworn complaint of any person alleging facts which, if true, would constitute improper conduct under the provisions of the Code of Ethics, the Board shall conduct an investigation and, in written findings of fact and conclusions based thereon, make a determination concerning the propriety of the conduct of the official or employee complained of.
[1982 Code § 21-13]
In the event that the Board of Ethics shall, under the provisions of subsection 9-35.10, make a determination that the conduct of any official or employee was improper, it shall submit its report only to the Governing Body, and the Governing Body, based upon the written findings, conclusions and determination of the Board of Ethics, may institute an appropriate action for censure, suspension or removal from office of the official or employee.
[Ord. No. 1247-06-08]
The Borough in its sole discretion and on a case-by-case basis may provide costs of educational course, defined as a course or program eight (8) hours or longer, to eligible employees, as recommended by the department head and approved by the Governing Body.
The Borough reserves the right at all times not to provide costs for educational courses to eligible employees and is not obligated to do so by operation of this section.
The decision to provide costs of educational courses to eligible employees rests solely in the discretion of the Governing Body and shall be decided on a case-by-case basis, prior to the eligible employee registering for the course, based on factors, including but not limited to, employee eligibility, course eligibility, recommendations of department head, budgetary constraints, length of service with the Borough, necessity of educational courses, and any other factors deemed relevant to the Governing Body.
Employees who attend approved courses and subsequently voluntarily leave must reimburse the Borough the cost of the courses, as follows:
Voluntarily leaves within one (1) year of completing courses: 100%
Voluntarily leaves after one (1) year, but less than two (2) years: 80%
Voluntarily leaves after two (2) years, but less than three (3) years: 60%
Voluntarily leaves after three (3) years, but less than four (4) years: 40%
Voluntarily leaves after four (4) years, but less than five (5) years: 20%
Educational costs shall include tuition and materials only and shall not apply to other costs, such as mileage, unless specifically approved by the Borough Administrator.