[BH Ord. #72; 1976 Code § 200-1]
The Board of Health does hereby declare the following principles
to constitute the personnel policy of the Board:
a.
Employment for the Board of Health shall be based on merit and fitness,
free of personal and political considerations.
b.
Just and equitable incentives and conditions shall be established
and maintained in order to promote efficiency and economy in the operation
of the Board of Health.
c.
Positions with similar duties and responsibilities shall be classified
and compensated on a uniform basis.
d.
Appointments, promotions and other personnel actions requiring the
application of the merit principle may be based on evaluations of
knowledge and performance.
e.
Every effort shall be made to stimulate high morale by fair administration
of this Chapter and by consideration of the rights and interests of
employees consistent with the best interest of the public and the
Board.
f.
Continuity of employment shall be subject to good behavior, satisfactory
performance of work, necessity for the performance of work and availability
of funds.
[BH Ord. #72; 1976 Code § 200-2]
All employees shall be appointed and promoted by the Board of
Health upon recommendation of the Health Officer except where the
power to appoint rests with other Township boards or bodies as provided
for herein or by general law or ordinance.
[BH Ord. #72; 1976 Code § 200-3]
a.
General Allocation. All offices and positions of the Board shall
be and are hereby allocated to the classified service and unclassified
service.
b.
Unclassified Service. The unclassified service shall include the
following:
1.
Health Officer, Assistant Health Officer, Sanitarian, Secretaries,
Registrar and Deputy Registrar of Vital Statistics.
2.
Volunteer personnel and personnel appointed to service without compensation.
3.
Consultants and Medical Advisors and legal counsel rendering temporary
professional service.
4.
All other offices or positions that are so classified by State law.
c.
Classified Services. The classified service shall include all other
positions in the Board service that are not specifically placed in
the unclassified service by the above provisions of this Chapter.
[BH Ord. #72; 1976 Code § 200-4]
The provisions of this Chapter hereafter set forth shall apply
only to the classified service unless otherwise specifically provided
therein.
[BH Ord. #72; 1976 Code § 200-5]
a.
The provisions of this Chapter shall be administered by the Health
Officer. In his or her absence or during the period in which an Administrator
has not been appointed, his administrative duties shall be assumed
by the person designated by the Board of Health.
b.
The Health Officer shall make or cause to have made an analysis of
the duties and responsibilities of all full-time positions except
his own position. He shall recommend to the Board a position classification
plan. After the adoption of a position classification plan by resolution
of the Board, the Health Officer shall assign each position to an
appropriate class in accordance with the approved position classification
plan developed.
[BH Ord. #72; 1976 Code § 200-6]
Each position shall be assigned or allocated to an appropriate
job classification on the basis of the kind and level of its duties
and responsibilities, to the end that all positions in the same classification
shall be sufficiently alike to permit the use of a single descriptive
title, the same tests of competence and the same salary range, thus
carrying out the basic principle of classification, which is equal
pay for equal work. A job classification may contain one (1) position
or a number of positions. The Health Officer shall review the job
classifications and submit a report thereof to the Board.
[BH Ord. #72; 1976 Code § 200-7]
a.
The Board of Health reserves the right, from time to time, if in
the best interests of the public, to add or change any job classification
and set the salary for same. Such changes may result from the need
for creating new positions, changes in organization or changes in
assigned duties and responsibilities.
b.
The Health Officer shall review all requests for creation of new
positions, the abolition or consolidation of present positions, reclassification
of positions to different job classes or the reallocation of positions
to new salary ranges. In such review, he shall study the current duties
and responsibilities of the position concerned and recommend to the
Board of Health appropriate action necessary to ensure the correct
classification and allocation of the position.
c.
The Health Officer shall report to the Business Administrator any
changes in his organization or assignment of duties and responsibilities
to a given employee which would result in changes in the position
classification plan or in the classification of any of the positions
in his department.
d.
An employee may submit in writing to the Health Officer at any time
for a review of the duties and responsibilities of his position. Such
a request shall be submitted through the Health Officer and shall
include the employee's own description of his current duties
and responsibilities. The Health Officer shall then make an investigation
of the position to determine its correct allocation. He shall report
his findings in writing to the Board and shall furnish a copy to the
employee requesting the review.
[BH Ord. #72; 1976 Code § 200-8]
A position may be abolished or the number of personnel reduced
by the Board of Health for reasons of economy or for reasons of a
reorganization within a department or departments. A permanent employee
must receive written notice of such action fourteen (14) days prior
to its effective date. Every effort shall be made by the Board of
Health to reassign any affected permanent employee to another position
in the Township service for which the employee may be qualified. If
no such position is available immediately, the name of the affected
employee shall be kept on file, and should a vacancy occur in a position
for which he or she is qualified, he or she must be offered employment
prior to taking applications for the vacancy. If an employee is demoted
because of economy or departmental reorganization, he or she shall
be placed in the new salary range.
[BH Ord. #72; 1976 Code § 200-9]
After each class of position has been assigned to a salary range
and the pay plan and rules for its administration have been adopted
by the Board, each employee shall be advised of his rate of pay and
the salary range to which his position title has been assigned. When
an employee attains the maximum rate of the salary range for his position,
he shall not receive further salary increases unless:
[BH Ord. #72; 1976 Code § 200-10]
A new employee shall be paid at the minimum of the approved
salary range for the position to which he is appointed. In exceptional
cases, the Health Officer shall recommend to the Board an appointment
at a rate above the minimum and shall be bound by the Board of Health
ruling.
[BH Ord. #72; 1976 Code § 200-11]
An employee demoted for disciplinary reasons to a classification
having a lower salary range shall receive such salary as the Board
of Health shall specify, which salary shall not exceed the maximum
step of the new range.
[BH Ord. #72; 1976 Code § 200-12]
When a vacancy is filled by a temporary appointment, the employee
shall be paid at the minimum of the approved salary range for the
position. In exceptional cases, the Health Officer shall recommend
an appointment at a rate above the minimum.
Temporary employees hired for a stated amount of time shall
not be eligible for unemployment insurance.
[BH Ord. #72; 1976 Code § 200-13]
When an employee is reinstated within two (2) years or is reappointed
within two (2) years following a layoff to a position in the same
classification, he or she will enter the position at the same salary
in the salary range as he received in his previous position. His service
will be considered continuous for the purposes of promotion, seniority,
layoff, vacation, except in the case of dismissal.
[BH Ord. #72; 1976 Code § 200-14]
When an employee is reemployed following a resignation in good
standing to a position in the same classification, he will enter the
position at the minimum rate of the salary range for the position.
However, if his resignation has been of less than three hundred sixty-five
(365) days' duration, he shall enter the position at the same
salary as he received at the time of his resignation.
[BH Ord. #72; 1976 Code § 200-15]
[BH Ord. #72; 1976 Code § 200-16]
a.
All candidates for probationary or permanent employment by the Board
shall be citizens of the United States at the time of filing their
applications and at the time of their appointment, unless such requirement
is specifically waived by the Board of Health.
b.
Original appointments by the Board of Health to vacancies in the
Board service shall be based upon merit, fitness and ability, which
shall be determined by competitive examinations insofar as practicable.
[BH Ord. #72; 1976 Code § 200-17]
In the absence of an appropriate employment list or for the
filling of temporary or seasonal positions, or temporarily in the
case of emergencies, vacancies may be filled by temporary appointments
by the Board of Health. Such temporary appointments shall have a maximum
duration of two (2) months and may be extended once for a similar
period. Such temporary employees must possess minimum qualifications
and the appointment shall be terminated upon permanent appointment.
Such temporary employees shall not be eligible for unemployment insurance.
[BH Ord. #72; 1976 Code § 200-18]
The Health Officer may require every job applicant to submit
to a physical examination by the Board Physician or a designated alternate;
and each applicant shall be required to furnish a complete medical
history upon a form to be prepared by the Health Officer for use in
conjunction with the physical examination. Where necessary, the Health
Officer may, in his discretion, require a job applicant to submit
to a psychiatric examination.
[BH Ord. #72; 1976 Code § 200-19]
a.
All employees appointed to the classified service shall serve a probationary
period of one hundred eighty (180) days. At the expiration of the
probationary period, the Board of Health in consultation with the
Health Officer may discontinue the service of any such employee, if,
in its opinion, the employee is unwilling or unable to perform the
duties of his position in a satisfactory manner or if the employee
is of such reputation and habits as not to merit continuance in the
service of the Board. In every case, the Health Officer shall notify
the employee in writing of said discontinuance and of the reason.
b.
A one hundred eighty (180) days' probationary period shall also
pertain to an employee promoted to a higher classification. Such probationary
status will in no way affect the rights and status in the original
or lower classification.
[BH Ord. # 72; 1976 Code § 200-20]
Classified employees who have satisfactorily completed their
probationary period shall have permanent employment, conditioned upon
good behavior and satisfactory job performance. They shall be subject
to removal only for cause or for reasons of economy, after proper
notice and the opportunity to be heard.
[BH Ord. #72; 1976 Code § 200-21]
[BH Ord. #72; 1976 Code § 200-22]
a.
Vacancies may be filled by utilizing competitive promotional examinations.
b.
Where the Board of Health finds that no employee is qualified for
promotion to a vacancy, it may order an open competitive examination,
open to candidates outside the Board's employ. In post-examination
selection, the Board of Health shall give appropriate consideration
to the applicant's qualifications, record of past performance
and the length and quality of his service.
c.
In making promotions, the Board of Health shall give due consideration
to the recommendations of the Health Officer, although it shall not
be bound by such recommendations.
[BH Ord. #72; 1976 Code § 200-23]
a.
Compensation fixed by the Board of Health should be paid every other
Friday, twenty-six (26) times per year, except when those days fall
on a holiday, then paychecks shall be distributed on the last working
day preceding the holiday or as designated by resolution and approved
by the Township Council. Vacation pay may be obtained in advance only
when supervisor requests same no less than ten (10) working days prior
to preceding pay date, but the check shall not be released until the
day preceding the approved vacation date.
b.
The hourly rate shall be computed by dividing the weekly rate by
the number of hours in the employee's prescribed workweek.
[See Salary Ordinance regulating all Board of Health employees.]
a.
Employees, but not supervisors, may be compensated for overtime work when such compensation has been authorized by the Health Officer and its payment authorized by the Health Officer, as per Salary Ordinance. In all instances, however, overtime compensation shall commence only after the employee has worked the full forty (40) hours during the workweek for which overtime compensation is sought. Holidays and vacation days will be counted toward the forty (40) hours for overtime, but not sick days. Authorized overtime compensation shall be computed at an hourly rate equal to one and one-half (1 1/2) times the equivalent hourly rate prescribed in subsection BH9-6.1, paragraph b.
b.
When an employee works a prescribed workweek of less than forty (40)
hours, overtime pay shall be computed at the normal equivalent hourly
rate up to forty (40) hours, after which the time-and-a-half provisions
would take effect.
[BH Ord. #72; 1976 Code § 200-24]
[BH Ord. #72; 1976 Code § 200-25]
Deductions in salary for leave without pay shall be computed on the basis of the hourly rate as prescribed in subsection BH9-6.1, paragraph b.
[BH Ord. #72; 1976 Code § 200-26]
The prevailing Salary Ordinances and Resolutions pertaining
to Board employees shall be strictly adhered to at all times.
[BH Ord. #72; 1976 Code § 200-27]
a.
The official work week of the Board shall be a five (5) day, forty
(40) hour week. The Board office hours shall be five (5) day, thirty-five
(35) hour week, and shall be the hours of 9:00 a.m. until 5:00 p.m.,
except in the months of July and August when the hours shall be from
8:30 a.m. until 4:30 p.m.
[BH Ord. #72; 1976 Code § 200-28]
a.
The following days during the year shall be and hereby are designated
legal holidays in the Board of Health, upon which days the Board offices
shall be closed: January 1, New Year's Day; February 12, Lincoln's
Birthday; the third Monday in February, Washing-ton's Birthday;
the day designated as Good Friday; the last Monday in May, Memorial
Day; July 4, Independence Day; the first Monday in September, Labor
Day; the second Monday in October, Columbus Day; November 11, Veterans'
Day; the fourth Thursday of November, Thanksgiving Day, the Friday
after Thanksgiving and December 25, known as Christmas Day. Any general
election day in this State, every Saturday and every Sunday. Also,
any day designated by the Town-ship Council as an official holiday
shall also constitute a legal holiday for the Health Department. Should
any holiday fail on a Sunday, the Monday next following the holiday
shall be deemed to be a public holiday; or should the above days fall
on a Saturday, the Friday before the holiday shall be deemed to be
a public holiday.
b.
Where it is necessary to maintain service requiring an employee to
work on an official holiday, the Health Officer, at his discretion,
shall allow such employee to take an equal amount of time off with
pay on a regular working day or be paid an additional day's pay.
In the event such compensation time is not taken by the employee by
the end of the calendar year, such employee shall be paid an additional
day's pay.
c.
In the event that an official holiday is observed during an employee's
vacation, he shall be entitled to an additional vacation day, and
should an official holiday occur while an employee is on sick leave,
he shall not have the holiday charged against his sick leave.
[BH Ord. #72; 1976 Code § 200-29]
The President and Board of Health of the Township deem it advisable
to establish a formal vacation policy for employees for the calendar
year January 1 through December 31 of any year. Therefore, the following
policy shall govern the scheduling and duration of vacations for full-time
employees of the Board of Health during the calendar year January
1 of any year through December 31 of any year.
a.
All vacation benefits shall be calculated as of January 1 of any
year for full time employees.
b.
Vacation benefits are as follows:
1.
Newly hired employees who have not completed one (1) full year of
employment with the Board in the first year shall be granted one (1)
day of vacation for each full month employed, but in no event shall
such employee be granted more than ten (10) working days vacation
for the first year. These accumulated vacation days shall be granted
to all full-time employees the following year, and so on until the
termination of employment of the employee.
|
Full Years of Service
|
Vacation Benefits
(days)
|
|---|---|
|
1-4
|
10
|
|
5
|
15
|
|
6
|
15 plus 1 = 16
|
|
7
|
15 plus 2 = 17
|
|
8
|
15 plus 3 = 18
|
|
9
|
15 plus 4 = 19
|
|
10
|
20
|
|
11
|
20 plus 1 = 21
|
|
12
|
20 plus 2 = 22
|
|
13
|
20 plus 3 = 23
|
|
14
|
20 plus 4 = 24
|
|
15
|
25
|
|
In no event shall any employee exceed twenty-five (25) working
days vacation.
|
[BH Ord. #72; 1976 Code § 200-30]
a.
Vacation leave shall be considered to be on a calendar year basis.
b.
Full time and permanent part-time employees shall not be eligible
for vacation leave until the next calendar year and then may be permitted
vacation time accrued in the previous calendar year. Permanent part-time
employees are eligible for vacation leave on a pro-rated basis. Temporary
part-time employees shall not be eligible for vacation leave.
c.
Accumulation of vacation leave beyond that earned in a twelve (12)
month period shall be permitted only with the consent of the Health
Officer and the Board of Health. Vacation leave, subject to the approval
of the Health Officer, may be taken from time to time in units of
full days.
d.
At the time of separation from service, an employee shall be entitled
to any full day's vacation pay accumulated and not previously
used.
e.
Employees may not be paid for vacation leave earned and not used,
except with the permission of the Health Officer and the Board of
Health. Vacation forms must be filled out and signed and presented
to the Health Officer not later than April 15 of each year. If this
rule is not complied with, the Health Officer must assign vacation
period for that employee.
[BH Ord. #72; 1976 Code § 200-31]
a.
As used in this section, "sick leave" means paid leave that may be
granted to each full-time classified and full-time unclassified Board
employee who through sickness or injury becomes incapacitated to a
degree that makes it impossible for him to perform the duties of his
position or who is quarantined by a physician because he has been
exposed to a contagious disease. Permanent part-time employees are
eligible for sick leave on a pro-rated basis. Temporary part-time
employees and full-time employees are not eligible for sick leave.
b.
A certificate from a physician of the Health Officer's choice
may be required as sufficient proof for the need of sick leave and
presented to the Health Officer before employee may return to work,
in accordance with paragraph a.
c.
Full-time employees shall accumulate sick leave on the basis of fifteen
(15) days of sick leave per year, or one and one-fourth (1 1/4)
days per month for each full month of employment. In the first year
of employment, employees shall be entitled to one and one-fourth (1 1/4)
days of sick leave for each full month of employment. An additional
ninety (90) days sick leave may be allotted over the course of an
employee's tenure for a major operation or sickness, after said
employee has served thirty (30) consecutive months. The additional
ninety (90) days, as heretofore mentioned, or any part thereof, must
first be approved by the Board of Health.
d.
Sick leave can be accumulated without limit during each employee's
length of service.
e.
Accumulated sick leave may be used by an employee for illness, personal
reasons (see paragraph f.), illness in his immediate family which
requires his attendance upon the ill person, quarantine restrictions,
pregnancy or disabling injuries. Members and employees will be allowed
the following time off in case of the death of: father, mother, grandfather,
grandmother, spouse, son, daughter, brother, sister, father-in-law,
mother-in-law, son-in-law, daughter-in-law, from the day of death
until the day of burial, inclusive; for grandchild, uncle, aunt, nephew,
niece, brother-in-law, sister-in-law, cousin of the first degree and
aunt or uncle, the day of burial only. Exceptions to this rule may
be made where the deceased is buried in another city and the member
would be unable to return in time for duty with the leave granted.
f.
A maximum of two (2) days per year may be used for personal reasons,
provided that approval is granted by the Health Officer at least three
(3) days in advance (except in an emergency) and not the day before
or day after a holiday. Personal days may not be used merely for time
off or to add to anyone's vacation. Personal days shall not be
charged against the employee's accumulated sick leave.
g.
The Health Officer may schedule medical examinations for all Board
employees annually, or more frequently if required.
[BH Ord. #72; 1976 Code § 200-32]
a.
When a full-time employee is injured in the line of duty, the Board
shall, when permitted by statute, and subject to the terms and conditions
hereinafter set forth, pass an ordinance giving to such employee up
to one (1) year's leave of absence with pay, excepting those
injuries which result from employee activities which would give rise
to cause for either suspension or removal as enumerated in this Chapter
or as provided by law for its employees or generally for any employee
of any municipality.
b.
In the event the employee shall receive any temporary "disability"
pursuant to the statutes governing the Workmen's Compensation
Laws of the State of New Jersey or elsewhere or shall receive income
benefits arising out of any policy of insurance paid for or contributed
by the Township, such amounts received shall be deducted from the
employee's weekly pay in order to determine the entitlement of
that employee pursuant to the terms of the ordinance. In the event
that such benefits accrue subsequent to the passage of the ordinance,
the Board of Health may modify the ordinance to conform to the provisions
of this paragraph.
c.
The ordinance shall contain specific provision requiring that the
Board of Health shall be subrogated to the extent of any recovery
received by the employee as a result of this injury from a third party
(excepting therefrom workmen's compensation award for permanent
disability) or other policies of insurance, of any nature whatsoever,
which in effect duplicates any payments made by the Board of Health
to the employee during the period of this injury.
d.
Prior to the passage of an ordinance referred to in paragraph a hereof,
a contract shall be executed between the employee and the Board, setting
forth that the employee shall reimburse the Board for moneys he may
receive in the form of workmen's compensation temporary benefits
for a period of time which the Board of Health may have already compensated
him for, or from possible legal settlement by the employee against
the person or persons responsible for the injury and from any other
recovery as outlined in paragraphs b and c hereof.
[BH Ord. #72; 1976 Code § 200-33]
Maternity leave may be granted up to one (1) year, provided
that the request for such leave is made in writing to the department
head no later than the fourth month of pregnancy. Requests for maternity
leave must be favorably endorsed by the Health Officer and Board of
Health before becoming effective. Such leave, if granted, shall be
without pay.
[BH Ord. #72; 1976 Code § 200-34]
a.
Any employee who is a member of the National Guard, Naval Militia,
Air National Guard or a reserve component of any of the armed forces
of the United States and is required to engage in field training shall
be granted a military leave of absence for the period of such training
as is authorized by law. This leave of absence shall be in addition
to his vacation. Part-time employees may receive such leave on a pro-rated
basis as follows. Each employee required to take such leave shall
be paid by the Board any difference resulting in that employee's
present rate of pay from that amount received as a result of such
military leave. The employee, upon making application for the difference
in pay, shall be required to evidence sufficient proof as to the amount
of pay received while on military leave.
b.
When an employee is required to serve on jury duty, that employee
shall be granted a leave of absence and paid in accordance with the
provisions of paragraph a.
c.
When an employee not on probation 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 military service. Each employee
must be reinstated without loss of privileges or seniority, provided
he reports for duty with the Township within sixty (60) days following
his honorable discharge from military service and provided he has
notified the Township of his intent to report for duty thirty (30)
days prior to his discharge from military service.
[BH Ord. #72; 1976 Code § 200-35]
a.
In lieu of overtime compensation, any employee may be granted leave
with pay as compensation for overtime work. The Health Officer shall
determine whether overtime shall be compensated for by the granting
of compensatory leave or payment in cash. Compensatory leave, when
granted, must be scheduled and used within thirty (30) days from the
time earned, unless otherwise approved by the Health Officer.
b.
Compensatory leave shall be granted on the same basis as overtime
compensation, namely, only for that time worked in excess of the regular
forty (40) hours during one (1) week, or in the case of special employees
regularly scheduled on an eighty (80) hour, two (2) week period, compensatory
time shall be granted for time in excess of the prescribed eighty
(80) hours within a two (2) week period. When an employee works a
prescribed workweek of less than forty (40) hours, compensatory leave
shall be granted on an hour-for-hour basis up to forty (40) hours,
at which time the regular overtime compensatory policy shall take
effect.
[BH Ord. #72; 1976 Code § 200-36]
Leave without pay may be granted to full-time and part-time
permanent employees and to full-time unclassified employees. Normally,
it shall be granted only when the employee has used his accumulated
sick and vacation leave in the case of illness, or his vacation leave
if leave without pay is requested for reasons other than illness.
Written request for leave without pay must be initiated by the employee,
favorably endorsed by the Health Officer and approved by the Board
of Health before becoming effective. Such leave, except for military
leave without pay, shall not be approved for a period longer than
six (6) months at one (1) time. The Board of Health may extend such
leave for an additional six (6) months or any portion thereof.
[BH Ord. #72; 1976 Code § 200-37]
A request for any type of leave shall be made on a form prescribed
by the Health Officer. Such request, whenever possible, shall be made
far enough in advance to permit approval and, at the same time, permit
coverage for the particular employment so that Municipal services
shall not suffer. In the case of sick leave, the employee shall notify
the Health Officer before the shift if he is unable to report for
work. When an employee is absent from work because of illness for
more than three (3) consecutive days, the department head may require
the employee to submit a certificate from his physician relating to
this illness. The Health Officer, at his discretion, may require the
employee to submit a physician's certificate for absences of
two (2) or three (3) days. In a case of illness of a chronic or recurring
nature causing an employee's periodic or repeated absence of
one (1) day or less, the Health Officer may require one (1) medical
certificate for every six (6) month period.
[BH Ord. #72; 1976 Code § 200-38]
a.
It shall be the declared policy of the Board to appoint all employees,
either classified or unclassified, without regard to political consideration.
For the purpose of this subsection, Board employees are defined to
include full-time, temporary, probationary, seasonal and part-time
personnel appointed by the Board of Health and receiving an annual
or hourly reimbursement for their service.
b.
Board employees shall not engage in any political activities or conversation
during working hours or on Municipal property, nor seek or accept
nomination or election to any Municipal officer without first obtaining
a leave of absence or as provided by State law.
c.
Violation of any provision of paragraph b of this subsection shall
be deemed sufficient cause for suspension or dismissal from the Board
service.
d.
Nothing in this subsection shall be construed to prevent Board employees
from voting with complete freedom in any election.
[BH Ord. #72; 1976 Code § 200-9]
An employee who is injured in the performance of his duties
shall immediately report the accident to his supervisor, who shall
complete a form provided for such reports. The complete accident report
shall then be submitted to the Health Officer. All motor vehicle accidents
must be investigated before moving the vehicle by the appropriate
department head.
[BH Ord. #72; 1976 Code § 200-40]
a.
Full-time employees shall not accept outside employment or engage
in outside business activities without the prior approval of the department
head. Applications for permission to accept outside employment shall
be made in writing to the department head. The application shall set
forth pertinent information concerning the type of employment to be
engaged in, the name and address of the prospective employer and the
hours of such employment.
b.
No application for permission to accept outside employment shall
be approved by the department head if in his judgment there is any
reasonable probability that such outside employment will interfere
with an employee's performance or compromise an employee's
position with the Township through a conflict of interest.
c.
In the event the employee is injured while engaged in outside employment
or outside business activities or in the event that the outside employment
or other outside business activities require absence from his regular
duties with the Board, employee shall not be entitled to use any sick
leave, as defined hereinabove, for such period, or vacation or other
compensatory leave allowed by this Chapter unless the leave coincides
with the regular schedule of vacation or approved leave established.
[BH Ord. #72; 1976 Code § 200-41]
a.
Subject to the approval of the Board of Health, the Health Officer
may, from time to time, establish, amend and supplement rules and
regulations for governing the internal operations of the department
and the conduct and deportment of its personnel. Such departmental
rules and regulations shall not be inconsistent or in conflict with
the provisions of any statute of this State, this Chapter or other
ordinance of the Township Board of Health.
b.
The rules and regulations shall be in writing, signed by the Health
Officer and approved by the Board of Health. They shall be binding
on all persons subject to the jurisdiction of the Board of Health.
A written copy of the rules and regulations shall be distributed to
the Board personnel and shall be filed in the office of the Board.
[BH Ord. #72; 1976 Code § 200-42]
The Health Officer shall maintain adequate personnel records
for each employee of the Board. Such records should include dates
of appointments and promotions, job titles, salaries, commendations,
disciplinary actions, leave of any type taken and accumulated, merit
ratings and the like. The burden of proof shall be on the employee
to prove date of employment. Records obtained by employees from Social
Security or Township minutes shall be deemed positive proof of starting
date of employment.
[BH Ord. #72; 1976 Code § 200-43]
Classified employees who have acquired permanent employment status, as provided in subsection BH9-4.5, may be temporarily suspended from the Board's employ by layoff or suspension or may be permanently separated by resignation or dismissal, as more particularly set forth in this section.
[BH Ord. #72; 1976 Code § 200-44]
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 in such job classification or classifications as the Board
of Health may designate after consultation with the Health Officer.
Employees shall be laid off in the inverse order of their length of
service or in the order of their supervisory position or rank, lower
rank first. Within each affected job class, all temporary employees
shall be laid off before probationary employees and all probationary
employees shall be laid off before any permanent employees. Permanent
(including probationary) employees so affected shall be given a minimum
of ten (10) days' notice or ten (10) days' pay in lieu thereof.
Temporary employees so affected shall be given a minimum of one (1)
week's notice or one (1) week's pay in lieu thereof.
[BH Ord. #72; 1976 Code § 200-45]
a.
Employees enrolled in the Public Employee's Retirement System
of the State of New Jersey are subject to the requirements and provisions
of that plan.
b.
Employees are eligible to retire with full benefits at age sixty
(60) and with reduced benefits at any age after twenty-five (25) years'
service. Upon retirement after twenty-five (25) years of service,
the Township of Mahwah will continue to carry and pay for hospitalization
and major medical insurance for employees as required by law.
c.
Retirement from the Township services will be mandatory upon reaching
age seventy (70) plus one (1) month, but service may be extended on
a yearly basis upon recommendation of the Health Officer and approval
of the Board of Health and upon proper forms being forwarded to the
Public Employees' Retirement System.
[BH Ord. #72; 1976 Code § 200-46]
An employee may resign from his position by tendering a written
resignation to the Health Officer, who in turn shall notify the Board
of Health. Unless there are disciplinary charges pending against the
employee, the Health Officer shall notify the employee in writing
of acceptance of his resignation.
[BH Ord. #72; 1976 Code § 200-47]
A permanent employee may be dismissed from the service or demoted
for cause. The causes sufficient for removal from the service shall
include the following:
a.
Neglect of duty.
b.
Absence without leave or failure to report for a period of five (5)
consecutive days after authorized leave has expired or after such
leave has been disapproved or revoked.
c.
Incompetency or inefficiency or incapacity due to mental or physical
disability, or excess use of sick leave.
d.
Insubordination or serious breach of discipline.
e.
Intoxication while on duty.
f.
Conviction of a criminal act.
[BH Ord. #72; 1976 Code § 200-48]
When, in the opinion of the Board of Health after consultation
with the Health Officer, an employee's performance or conduct
justifies disciplinary action short of dismissal, the Board may empower
the Health Officer to suspend or furlough the employee without pay
or with reduced pay. No such disciplinary suspension or furlough shall
exceed five (5) working days, except in those instances in which an
employee is charged with criminal offense. In unusual circumstances
wherein the safety and/or welfare of the employee or others is threatened,
the Health Officer may temporarily suspend the employee pending formal
action by the Board of Health.
[BH Ord. #72; 1976 Code § 200-49]
It is the policy of the Board of Health 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,
supervisors and to the public.
[BH Ord. #72; 1976 Code § 200-50]
a.
Whenever an employee has a grievance, he should first present it
verbally to his supervisor. It is the responsibility of the supervisor
to arrange a mutually satisfactory settlement of the grievance within
seven (7) days of the time when it was first presented to him, or
failing in that, to advise the employee within that time of his inability
to do so.
b.
When an employee is informed by his supervisor 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 higher authority, do so in writing in the following
manner.
[BH Ord. #72; 1976 Code § 200-51]
a.
The employee will prepare the grievance in writing in triplicate.
The grievance should be stated as completely and clearly as possible
in order to permit prompt handling. One (1) copy of the grievance
shall be immediately placed in the hands of the Health Officer.
b.
A copy of the grievance shall be presented by the employee to his
immediate supervisor (to whom the grievance was made verbally), and
the employee shall retain one (1) copy. The supervisor will report
the facts and events which led up to its presentation in writing,
including 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 supervisor
must present it with the information required from him to the Personnel
Committee.
c.
The Health Officer and Personnel Committee will attempt to find a
mutually satisfactory solution to the grievance within fourteen (14)
calendar days. Failing a solution, the grievance accompanied by a
written report on the matter by the Personnel Committee must be forwarded
to the Board of Health. The Board of Health will then consider and
formally act on the grievance at its next regularly scheduled meeting.
d.
Since it is intended that most, if not all, grievances can and should
be settled without the necessity of reference to the Board of Health,
no grievance will be heard or considered by the Board of Health which
has not first passed through the above described steps.
e.
All papers and documents relating to the grievance and its disposition
will be placed in the employee's personnel history file.
