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, 691 695
and 697.
[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.
[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.
[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.
[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]
Is defined as any unwelcome sexual advances; requests for
sexual favors and other verbal or physical conduct based on gender
when:
Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment; or
Submission to or rejection of such conduct by an individual
is used as the basis for employment decisions affecting such individual;
or
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:
Gender harassment: Generalized gender-based remarks and behavior.
Seductive behavior: Inappropriate, unwanted, offensive physical
or verbal sexual advances.
Sexual bribery: Solicitation of sexual activity or other sex-linked
behavior by promise of reward.
Sexual coercion: Coercion of sexual activity by threat of punishment.
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:
[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.
