Township of Maurice River, NJ
Cumberland County
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Table of Contents
Table of Contents
Editor's Note: Beginning September 20, 2002, the Salary and Personnel Policy Ordinances have not been codified at the direction of the Township. Ordinances not codified and available at the Township offices include Ord. Nos: 563, 572, 582, 587, 590, 596, 599, 615, 616, 617, 619, 625, 631, 638, 645, 656-2017, 666-2017, 678, 691 and 695.
[Ord. No. 298 § 1; Ord. No. 505]
a. 
Findings. N.J.S.A. 40A:9-1 et seq. provides that a municipality may require that all officers and employees hereafter employed by the municipality be a bona fide resident of the municipality; and in order to so limit future employment to bona fide residents, it is necessary that a municipality adopt an implementing ordinance under this law.
b. 
Unless otherwise provided to the contrary in Statute, the policy of the Township of Maurice River is that employees hired for civil service positions shall be bona fide residents of the Township.
c. 
The Township of Maurice River reserves the right to hire or appoint without reference to the residency requirement any employee or officer with special talents or skills necessary for the operation of government.
d. 
A copy of this section has been forwarded to Civil Service Commission of the State of New Jersey pursuant to N.J.S.A. 40A:9-1.3.
[Ord. No. 415 §§ 1, 2]
a. 
Officers and employees of the Township covered under Paragraphs 1a and 1b of the current Township Ordinance titled "An Ordinance Fixing the Salary and Compensation of Certain Officers and Employees of Maurice River Township, Cumberland County, New Jersey," hereafter referred to as the "Salary Ordinance" or any amendments or supplements to the Salary Ordinance, and employees covered under Paragraph 2a of the same Ordinance whose normal work week is twenty-five (25) hours or more, shall be covered by the Township's Health Benefits Program.
b. 
Employees within the Bargaining Unit and members of their immediate family shall continue to receive the benefits of participation in the Health Care Insurance Plan as provided by the current agreement at no cost to the employee as cited in the agreement between Maurice River Township and N.J. Civil Service Association, Cumberland County Council No. 18, under Article V, Section A(1).
[Ord. No. 415 § 2A]
The following health care insurance coverage shall apply:
a. 
U.S. Healthcare Insurance Plan (Small Group). Employees within the Bargaining Unit and members of their immediate family shall receive the benefit of participation in the U.S. Healthcare Insurance Plan (Small Group) at no cost to the employee.
b. 
Reimbursement of Co-Pay Portion. Employees within the Bargaining Unit and members of their immediate family shall receive the benefit of being reimbursed the co-pay portion of the Health Insurance Plan subject to the following limitations:
1. 
Maximum Reimbursement Benefit. The reimbursement shall not exceed the sum of one thousand ($1,000.00) dollars each calendar year for an employee with single coverage under the Health Insurance Plan and the aggregate total of one thousand ($1,000.00) dollars each calendar year for an employee and one thousand ($1,000.00) dollars each calendar year for each member of the employee's family with other than single coverage under the Health Insurance Plan, i.e. an employee with three (3) eligible family members would be entitled to receive a maximum of four thousand ($4,000.00) dollars;
2. 
The reimbursement shall not accumulate year to year;
3. 
An employee shall be entitled to receive up to the maximum total reimbursement benefit regardless of whether the employee or one (1) or more of the eligible members of the employee's family has incurred the medical expense, i.e. an employee with a maximum reimbursement benefit of three thousand ($3,000.00) dollars may be reimbursed up to that amount for medical expenses incurred by the employee personally or by any one (1) or more of the eligible members of his or her immediate family;
4. 
Reimbursement by the employer shall occur only upon presentment of a paid and itemized receipt/invoice or a copy thereof from the health care provider. Submissions for reimbursement shall not be made more frequently than once a month;
5. 
In an emergency, the affected employee may join the health care plan and, under such circumstances, the reimbursement monies set forth in paragraph b of this subsection shall be pro-rated accordingly.
c. 
Dental/Optical. In lieu of the dental and optical benefits which were previously in effect, the reimbursement benefit described in paragraph b above shall also include or apply to reimbursement of dental and optical expenses incurred by an employee or an eligible member of his or her immediate family subject to paragraphs b1 to b5 above.
[Ord. No. 415 § 3]
An employee within the Bargaining Unit who has attained the age of sixty-five (65) years and remains actively employed shall be provided health care coverage on the same basis as those employees who have not yet reached that age unless said employee elects to treat Medicare as his or her only coverage.
a. 
In the absence of any such written election, the Employer's Health Care Insurance Plan shall be considered the primary payor and Medicare the secondary payor for the employee and members of his or her immediate family to the extent that any benefits are payable under the Health Care Insurance Plan.
b. 
An employee within the Bargaining Unit who has not attained the age of sixty-five (65) years but is otherwise eligible for Medicare due to a disability shall be provided health care coverage on the same basis as those employee who have not yet reached this age unless the employees elects to treat Medicare as his or her only coverage.
1. 
In the absence of any such written election, the Employer's Health Care Insurance Plan shall be considered the primary payor and Medicare the secondary payor for the employee and members of his or her immediate family to the extent that any benefits are payable under the Health Care Insurance Plan.
2. 
An employee within the Bargaining Unit who has not attained the age of sixty-five (65) years and remains actively employed although eligible for Medicare due to a disability shall be provided Life Insurance benefits set forth in Section 10-3 below.
[Ord. No. 415 § A [4]]
Employees who lose entitlement to receive the Health Care Insurance Plan coverage set forth in paragraph a of subsection 10-2.2 shall have the option to individually pay the necessary premiums/fees to continue coverage to the extent and for the length of time required of the employer by Federal law (COBRA).
[Ord. No. 415 § A [5]]
In the event an employee elects not to participate in the health care coverage provided by the employer, the employee shall receive the sum of one thousand ($1,000.00) dollars on December 1st of each year in recognition of the resulting savings to the employer in health care premiums.
[Ord. No. 415 § A [6]]
a. 
The employer may not change insurance carriers or plans if the change results in any material modification of the current health benefits or coverage.
b. 
The Association shall have prior notice of any proposed change in insurance carriers or plans to assure that same does not result in any material modification of the current health benefits or coverage.
[Ord. No. 415 § A [7]]
For the purpose of the foregoing health care benefits, "immediate family" shall be limited to the employee, his or her spouse and any unemancipated children of the employee.
[Ord. No. 415 § B]
Employees within the Bargaining Unit shall continue to receive the Group Life Insurance Benefits in effect immediately prior to the effective date of this Agreement, specifically a Term Life and Accidental Dismemberment policy with a face value of five thousand ($5,000.00) dollars.
[Ord. No. 415 § C]
Employees within the Bargaining Unit shall continue to receive the benefit of participation in the New Jersey Temporary Disability Insurance Plan for public employees subject to the provisions of the afore-described plan and any rules and regulations promulgated thereunder.
[Ord. No. 415 § D [e]]
a. 
Accumulated Sick Leave Payment.
1. 
An employee within the Bargaining Unit who has attained the age of fifty-five (55) years or more and has been employed by the employer for at least ten (10) years shall be entitled upon retirement to receive payment of accumulated unused sick leave earned during his or her employment.
2. 
Payment shall be computed at the rate of one hundred (100%) percent of the employee's daily rate of pay for each day of earned and unused accumulated sick leave based upon the annual compensation received during the last year of the employee's employment prior to the effective date of retirement, provided that such payment shall not exceed a maximum sum of nine thousand ($9,000.00) dollars.
3. 
The foregoing payment shall be paid to the employee in a lump sum within thirty (30) days of the effective date of retirement or, in the event of death, to the employee's estate within thirty (30) days of the date of death.
b. 
Continuation of Medical Benefits.
1. 
An employee within the Bargaining Unit hired before January 1, 1994 who has attained the age of sixty-two (62) and has been employed by the employer for at least twenty (20) years, whether continuous or accumulated, shall be entitled upon retirement to continue to participate in the Health Insurance Plan set forth in subsection 10-2.2 for the benefit of the employee and members of his or her immediate family subject to the limitations contained therein and below.
2. 
An employee within the Bargaining Unit hired on or after January 1, 1994 who has attained the age of sixty-two (62) years at time of retirement and has been employed by the employer for at least twenty (20) years continuously shall be entitled to continue to participate in the Health Insurance Plan set forth in subsection 10-2.2 for the benefit of the employee and members of his or her immediate family subject to the limitations contained therein and below.
3. 
A retiree who leaves the health care network of the health care insurance plan then in effect shall forfeit the aforesaid health care insurance benefits.
4. 
Upon an employee attaining the age of sixty-five (65) years and continuing until his or her death, the employee shall have Medicare as primary coverage as well as secondary or supplemental insurance coverage to Medicare (U.S. Health-care) as provided by the employer in compliance with the Federal Tax Equity and Fiscal Responsibility Act, as amended and supplemented thereto.
(a) 
Benefits payable herein shall be limited to the extent of the difference between the dollar amount Medicare would pay and the dollar amount of benefits that would have been paid if the employee had not become eligible for Medicare, subject to the maximum benefit provided by the health insurance coverage entity utilized by the employer at the time of the incurrence of the claim.
(b) 
This provision is based upon the premise that the individual eligible for Medicare will be covered for all benefits available under Medicare whether or not the individual has actually made application for Medicare coverage if such application is a requirement.
(c) 
All medical coverage provided by the employer shall cease upon the death of the employee.
5. 
An employee within the Bargaining Unit who retires from employment regardless of age or length of employment shall not be provided the reimbursement benefit set forth in subsection 10-2.2b3 above, or Life Insurance benefits set forth in Section 10-3, Life Insurance.
[Ord. No. 415 § D]
The employer has adopted the State Donated Leave Program as outlined in N.J.S.A. 4A:6-1.22.
[Ord. No. 415 § D]
The employer has adopted the State Voluntary Program as outlined in N.J.S.A. 4A:6-1.23.
[Ord. No. 441 § 8]
All employees designated in Paragraphs 1b and 2a of the Salary Ordinance whose normal work week is twenty-five (25) hours or more will be granted three (3) personal leave days, with pay, during a year.
[Ord. No. 441 § 6]
Vacation, sick and personal leave apply only to those employees whose normal work week is twenty-five (25) hours or more per week, granted on January 1 of the anniversary year, granted in accordance with the current agreement.
[Ord. No. 441 § 7]
All employees designated in Paragraphs 1b and 2a of the Salary Ordinance shall be granted a leave of absence with pay not to exceed three (3) consecutive days due to the death of a member of their household or member of their immediate family. Immediate family is defined as mother, father, spouse, mother-in-law, father-in-law, brother, sister, child, grandfather, grandmother, grandchild, son-in-law or daughter-in-law.
[Ord. No. 441 § 11]
An employee shall receive time off without loss of pay when performing jury duty upon presentation of proof of attendance.
[Ord. No. 441 § 10; Ord. No. 453 § 9]
A longevity bonus for employees in Paragraphs 1b and 2a of the Salary Ordinance whose normal work week is twenty-five (25) hours per week, or more, will be due and payable by separate check, during the first week of January of each year in which the employee is entitled to such a bonus in accordance with the following schedule:
Bonus Schedule:
5 years
$550.00
10 years
$615.00
15 years
$690.00
20 years
$765.00
[Ord. No. 416 § 1]
a. 
Full time employees of Maurice River Township shall have the following days in each year as holidays with pay:
1. 
January 1, known as New Year's Day;
2. 
Third Monday in January designated as Martin Luther King, Jr. Day;
3. 
February 12, known as Lincoln's Birthday;
4. 
The third Monday in February, known as Washington's Birthday;
5. 
The day designated and known as Good Friday, being the Friday preceding Easter Sunday;
6. 
The last Monday in May, known as Memorial Day;
7. 
July 4, known as Independence Day;
8. 
The first Monday in September, known as Labor Day;
9. 
The second Monday in October, known as Columbus Day;
10. 
The first Tuesday after the first Monday of November, known as Election Day;
11. 
November 11, known as Veterans Day;
12. 
The fourth Thursday in November, known as Thanksgiving Day;
13. 
The Friday following the fourth Thursday in November;
14. 
The last working day before Christmas;
15. 
December 25, known as Christmas Day.
b. 
In the event a holiday is enacted by the President of the United States, the Legislature or the Governor of the State of New Jersey in addition to those set forth above, then the holiday will be observed by the Township Committee of Maurice River Township.
c. 
When a holiday occurs on a Sunday, it shall be observed on Monday and when it occurs on a Saturday, it shall be observed on Friday.
[Ord. No. 441 § 12]
Upon receiving a written request from an employee designated in Paragraphs 1b and 2a of the Salary Ordinance, presented prior to the Township Committee's regular November meeting, the Township will pay the employee for up to ten (10) days of unused sick leave each year at his hourly rate, provided that the employee accumulates at least five (5) days of sick leave in that year. When an employee shall have accumulated twenty (20) days sick leave, the Township will pay for a maximum of thirty (30) days sick leave in any one (1) year provided that the employee retains at least twenty (20) days of sick leave. Payment will be made to the employee in December by separate check. This section applies only to those employees whose normal work week is twenty-five (25) hours per week or more.
[1]
Editor's Note: Section 10-5 addresses accumulated sick leave payment upon retirement.
[Ord. No. 441 § 5]
The annual vacation schedule of Township employees designated in Paragraphs 2b and 2a of the Salary Ordinance, whose normal work week is twenty-five (25) hours or more, shall be as follows:
Less than 1 year
1 working day per month
1—5 years
13 working days
6—9 years
16 working days
10—15 years
21 working days
16 years and over
26 working days
[Ord. No. 453 § 3A]
Hourly employees will be compensated by cash payment at the rate of time and one-half (1 1/2) for all authorized overtime hours accrued in excess of normal hours of established work week.
[Ord. No. 453 § 3B]
Hourly employees shall be paid double time for work on holidays plus the regular rate of pay for the holiday.
[Ord. No. 453 § 3C]
Hourly employees shall be paid double time for work on Sundays.
[Ord. No. 509 § 1]
SEXUAL HARASSMENT
Is defined as any unwelcome sexual advances; requests for sexual favors and other verbal or physical conduct based on gender when:
a. 
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or
b. 
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
c. 
Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment including, but not limited to:
1. 
Gender harassment: Generalized gender-based remarks and behavior.
2. 
Seductive behavior: Inappropriate, unwanted, offensive physical or verbal sexual advances.
3. 
Sexual bribery: Solicitation of sexual activity or other sex-linked behavior by promise of reward.
4. 
Sexual coercion: Coercion of sexual activity by threat of punishment.
5. 
Sexual assault: Gross sexual imposition such as touching, fondling, grabbing or assault.
[Ord. No. 509 § 2]
All employees, female or male, shall be permitted to work in an environment free from all forms of unlawful discrimination and conduct which can be considered harassing, coercive or disruptive, including sexual harassment. Sexual harassment is a form of employee misconduct, which undermines the integrity of the employment relationship. Sexual harassment debilitates morale and interferes with work productivity and, therefore will not be tolerated.
[Ord. No. 509 § 3]
a. 
Employees are encouraged, whether directly or through a third party, to notify the alleged harasser that the behavior in question is offensive and unwelcome. However, failure to do so does not preclude filing a complaint. Employees are encouraged to promptly report all alleged incidents of sexual harassment to the Personnel Chairman.
b. 
The complaint filed must include the following information:
1. 
The name of the complainant;
2. 
The name of the charged party;
3. 
The nature and circumstances, in detail, of the alleged sexual harassment, including but not limited to, the injuries or consequences suffered by the complainant, the names of any witnesses to such actions and the duration of the actions questioned; and
4. 
Whether such harassment has been previously reported to a supervisor or other person, and if so, when and to whom.
c. 
Nothing in this section shall prevent the complainant from providing other information or documents they believe are essential to the fair adjudication of their case.
d. 
The initial complaint may be made orally or in writing. If the complaint is made orally, the Personnel Chairman shall reduce same to a written document, which shall, if it is deemed accurate, be signed by the complainant.
e. 
Supervisory Personnel. In order to ensure the integrity of the work environment, supervisory personnel are required to ensure adherence to and compliance with this policy; and, upon being informed of possible sexual harassment, are required to take appropriate immediate action in response, including informing employees of their right to file a discrimination complaint with the Personnel Chairman.
[Ord. No. 509 § 4]
The Personnel Chairman is hereby designated as the Sexual Harassment Officer. The Mayor is hereby designated as the alternate officer. Persons who, by reason of the circumstances, are uncomfortable directing a complaint to the Personnel Chairman may report same to the alternate officer.
[Ord. No. 509 § 5]
A complaint of sexual harassment shall be investigated by the Personnel Chairman in a timely manner and shall include, but not be limited to:
a. 
Interviewing the complainant in detail;
b. 
Interviewing all potential witnesses, including those persons who may have knowledge of similar incidents;
c. 
Interviewing the charged party in detail;
d. 
Reviewing municipal files for similar incidents involving the complainant and the charged party;
e. 
Assessing the presence or absence of corroborative evidence for either party.
[Ord. No. 509 § 6]
To the extent possible, the sexual harassment investigative proceedings will be conducted in manner to protect the confidentiality of the complainant, the alleged harasser and all witnesses. All parties involved in the proceedings will be advised to maintain strict confidentiality, from the initial meeting to the final decision, to safeguard the privacy and reputation of all involved.
[Ord. No. 509 § 4]
It shall be a violation of this policy for any employee to take reprisals against any person because she/he has filed a complaint, testified or assisted in any proceeding under this policy. Threats, other forms of intimidation, and/or retaliation against the complainant or any other party based on involvement in the complaint process may be cause for disciplinary action.
[Ord. No. 509 § 5]
All complaints will be addressed by the Personnel Chairman. The alleged harasser will be notified once a formal complaint is filed with the Administrator. A finding of no probable cause as a result of an investigation does not necessarily establish that an accusation is false. However, this policy shall not be used to intentionally bring frivolous or malicious charges against an employee.
[Ord. No. 509 § 6]
Disciplinary action for employees found in violation of this policy shall be progressive in nature and, depending upon the individual circumstances, may include any of the following:
a. 
Written reprimand.
b. 
Suspension (with or without pay).
c. 
Demotion.
d. 
Termination.
e. 
Referral to the criminal justice system.
[Ord. No. 509 § 7]
To the extent permitted by law, the Township will not be liable for damages obtained as a result of a decision of a non-local agency or court of superior administrative remedies described herein.
[Ord. No. 509 § 8]
Employees of the Township shall be provided with training which shall include a detailed discussion of what constitutes sexual harassment, the procedures for filing a sexual harassment charge, the procedures to be followed in the investigation of a sexual harassment charge and record keeping requirements.
[Ord. No. 509 § 9]
Since a charge of sexual harassment is a grave and serious one, false accusations of sexual harassment are, and will be treated as, a disciplinary offense and will result in a level of punishment appropriate for a person actually engaging in such behavior.
A person who knowingly and/or recklessly fails to give truthful testimony to the Personnel Chairman shall also be guilty of having made false accusations.