Editor's Note: Prior ordinance history includes portions
of 1976 Code §§ 33-1 — 33-3, 43-1,
43-5 — 43-53, Ordinance Nos. 327, 510, 604, 648-78,
1033, 1177, 1221, 1260, 1270 and 1279.
[Ord. #1478, § 1]
The Township Council of the Township of Mahwah shall by ordinance
establish titles for public employment by the Township of Mahwah and
salary ranges for Township employees.
[Ord. #1478, § 2]
The Township Council of the Township shall by resolution adopt
and amend from time to time personnel policies and procedures including
rules concerning the hiring and termination of employees, terms and
conditions of employment, and regulations required to comply with
applicable Federal and State employment related law. The personnel
policies and procedures adopted pursuant to said resolution(s) shall
be applicable to all officials, appointees, employees, prospective
employees, volunteers and independent contractors of the Township
of Mahwah.
[Ord. #1478, § 3]
The Business Administrator shall be responsible to implement
and enforce the personnel practices adopted by ordinance or resolution
authorized pursuant to this Chapter. If there is a conflict between
said personnel practices and any duly adopted and lawful collective
bargaining agreement, personnel services contract or Federal or State
law, the terms and conditions of that contract or law shall prevail.
In all other cases, the practices adopted pursuant to this ordinance
shall prevail.
[Ord. #560; 1976 Code § 8-1]
This section shall be known and referred to as the "Public Employees
Award Program".
[Ord. #560; 1976 Code § 8-2]
As used in this section:
Shall mean any and all ordinances of the Township.
Shall mean any individual who serves as an employee, officer
or official of the Township, with or without pay.
Shall mean the governing body of the Township.
[Ord. #560; 1976 Code § 8-3; Ord. #1592, § 1]
a.
Establishment and Composition.
1.
A Public Employees' Awards Committee shall be established, which
shall consist of the Mayor and four persons appointed by the Township
Council, who shall be members of the Township Council or officers
or employees of the Township.
2.
No two employees of the Township who serve on the Awards Committee
shall be employed in the same department of the Township.
3.
Terms of Office. Of the four members first appointed to the Committee,
two shall be appointed for terms of two years and two for one year.
Thereafter, appointments shall be made for terms of three years. Members
shall serve for the terms for which they are appointed and until their
successors have been appointed and qualified.
b.
Vacancies. The Township Council shall fill any vacancy by appointing
a successor for the duration of the unexpired term.
c.
Compensation. Members of the Committee shall serve without compensation.
d.
Meetings. The Committee shall meet and organize as soon as practicable
after the first appointment of members, and thereafter shall convene
at least annually on the call of the Mayor.
e.
Duties and Purposes of the Committee.
1.
The Committee shall recommend, to the Township Council, the names
of public employees to be given awards in accordance with this section
and the amount of the award.
2.
The awards shall be designed to promote efficiency and economy in
governmental functions; to encourage and reward meritorious suggestions
and accomplishments; and to honor service to the Township upon an
employee's retirement.
3.
The Committee is authorized to request and shall receive such assistance
as it may require from any department, official or agency.
4.
The Committee shall be responsible for the formation of programs
and shall have the power to adopt and promulgate rules and regulations
for the conduct and operation of awards programs.
5.
The Committee shall make an annual report to the governing body concerning
the operation of awards programs established pursuant to this chapter.
[Ord. #560; 1976 Code § 8-4]
Award programs may include awards for suggestions, heroism,
service and other exceptional accomplishments.
[Ord. #560; 1976 Code § 8-5; Ord. #1592, § 2]
a.
Awards shall be granted by the Township Council, by a majority vote,
based on criteria to be established by the Township Council in conjunction
with the Public Employee's Awards Committee.
b.
Awards may include monetary awards, citations, commendations, certificates,
medals or appropriate gifts or compensatory time.
c.
Monetary awards of $25 for each year of service shall be awarded
on the retirement of an employee from public employment with the Township,
provided that he shall have served a minimum of 10 years. The maximum
amount of all monetary awards to an individual shall be limited to
$1,000 per year, excluding retirement awards.
[Ord. #329; 1976 Code § 33-4]
Life insurance and accidental death and dismemberment insurance
shall be purchased for and on behalf of all full-time Township employees
in an amount not to exceed the annual base salary of an employee.
[Ord. #329; 1976 Code § 33-5]
All such aforementioned insurance coverage shall be purchased
from an insurance company or companies authorized to conduct business
in the State of New Jersey designated by the Township Council.
[Ord. #329; 1976 Code § 33-6]
The cost of all such aforementioned insurance shall be paid
by and become an obligation of the Township.
[Ord. #1033, § 1]
Whenever any civil proceeding has been brought against any official
or employee of the Township for any action or omission within the
scope of the performance of the duties of such office, position, or
employment, the Township upon request, shall defray all costs of defending
such action, including reasonable counsel fees and expenses, together
with costs of appeal, if any. The official or employee may be indemnified
for all such costs of defense resulting from the official's or
employee's civil violation of State or Federal law, if, in the
opinion of the governing body, the acts committed by the official
or employee upon which the claims are based did not constitute actual
fraud, actual malice, willful misconduct or an intentional wrong.
[Ord. #1033, § 1]
The Township shall indemnify and save harmless each official
or employee from financial loss resulting from any action described
above in this section, including claims, losses, expenses, judgment,
attorney's fees, court costs, and expert or technical witness
fees, and any amount paid in settlement thereof and actually and reasonably
incurred in connection therewith to the extent permitted by law. Expenses
thus incurred may be paid in advance of final disposition of the action.
In addition to the foregoing, the official or employee may be
indemnified for exemplary or punitive damages resulting from the official's
or employee's civil violation of State or Federal law if, in
the opinion of the governing body, the acts committed by the official
or employee upon which such damages are based did not constitute actual
fraud, actual malice, willful misconduct or an intentional wrong.
[Ord. #1033, § 1]
This section shall apply retroactively to any and all causes
of action accruing prior to this date including any pending causes
of action.
[Ord. No. 2017-1813]
a.
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the Defined Contribution
Retirement Program, unless employed pursuant to a professional services
agreement:
b.
Individuals serving in the following positions are exempt from Defined
Contribution Retirement Program membership pursuant to N.J.S.A. 43:15C-2:
c.
If an individual is appointed to one of the positions listed in paragraph
a and the individual is not serving in a position as described in
paragraph b above, the Pension Certifying Officer of the Township
of Mahwah may determine that the individual is not required to join
the Defined Contribution Retirement Program if that individual:
1.
Was an active participant in the Public Employee Retirement System
on July 1, 2007, and continuously since that time; or
2.
Has been appointed pursuant to a valid promotional process; or
3.
Is appointed on a temporary, interim, or "acting" basis to a position
requiring State certification as set forth in paragraph b herein and
is in pursuit of the required certification; or
4.
Meets such other exceptions that may be approved by the Local Finance
Board of the Division of Pensions and Benefits.
[Ord. No. 2017-1813]
This section shall be implemented, construed and subject to
the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1 et
seq.), as amended from time to time, and any regulations or guidance
documents from the Local Finance Board or the Division of Pensions
and Benefits.
