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Township of Woodbridge, NJ
Middlesex County
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Table of Contents
Table of Contents
[1974 Code §§ 18-1—18-8; Ord. No. 83-11; Ord. No. 88-69; Ord. No. 89-41; Ord. No. 2017-65]
The Longevity Pay Program is hereby abolished unless specifically provided for in a Collective Bargaining Agreement.
[1974 Code § 18-9]
a. 
Officers and employees shall receive such compensation as shall be provided by Ordinance.
b. 
Whenever the Council shall establish compensation for an office, employment or position within a range or ranges prescribed by Ordinance, the Mayor shall fix the compensation for the office or the employee within the range or ranges at such specific amount as the Mayor may, in his discretion, determine upon consideration of seniority, work performance and relative efficiency of the respective officers and employees.
c. 
All expenses of officers and employees actually incurred in the performance of their official duties shall be reimbursed.
Note: Ordinances setting forth salaries or compensation are not codified but saved from repeal in Section 4 of the Adopting Ordinance printed at the beginning of this Code.
[1974 Code § 18-10]
Pursuant to N.J.S.A. 40A:5-34.1, all municipal officials and employees who are required to be bonded pursuant to N.J.S.A. 40A:5-34 are permitted to secure blanket bond coverage with the exception of the Municipal Tax Collectors and the Comptroller. The blanket bond coverage shall be filed with the Township Clerk. The individual bond for the Tax Collectors and the Comptroller shall be similarly filed with the Township Clerk.
Note: For statutory provisions relating to the surety bonds of municipal officers and employees, see N.J.S.A. 40A:5-34 et seq.
[1974 Code § 18-11]
a. 
No officer or employee, elected or appointed, in the Township shall:
1. 
Be interested, directly or indirectly, in any contract with the Township or in the compensation for work done or for materials or supplies furnished to the Township or to any contractor or other person furnishing the same to the Township; nor shall be participate in any profits of such contractor or other person or receive any compensation, commission, gift or other reward for his services except the salary or fees established by law or by ordinance or resolution of the governing body.
2. 
Accept or solicit anything of value as consideration for or in connection with the discharge of his official duties other than the fee or compensation prescribed pursuant to law.
b. 
Any officer or employee referred to in paragraph a of this subsection who violates any provision of this subsection or of any statute or ordinance relating to conflict of interest shall be deemed guilty of misconduct in office and liable to removal from office therefor. Any officer or employee who shall knowingly permit any provision of this subsection to be violated by any of his subordinates shall also be guilty of misconduct in office and liable to removal therefor.
[1974 Code § 18-12]
No Township officer or employee, elective or appointive, shall:
a. 
Directly or indirectly use, or attempt to use, his office position or employment, to secure or obtain any unwarranted, preferential, favorite, discriminatory or unlawful rights, benefits, advantages or privileges for himself or any others.
b. 
Vote for the adoption or defeat of any legislation or for the payment or nonpayment of any indebtedness owing, or allegedly owing by the Township in which he has a direct or indirect personal pecuniary or other private interest.
c. 
Recommend, or lobby for, the adoption or defeat of any legislation, or for the institution or defense of any legal or quasi-legal action whatever, in which he has or may have, a direct or indirect personal, pecuniary or other private interest.
d. 
Approve or disapprove, or in any wise recommend the payment of, any bill, voucher or indebtedness owed or allegedly owed by the Township in which he has a direct or indirect personal, pecuniary or private interest.
e. 
Accept other employment, or professional retainers, or the promise thereof, that might reasonably conflict with the performance of his official duties, or that might reasonably tend to impair his independent or impartial judgment or action in the exercise or performance of his official duties.
[1974 Code § 18-13]
The Business Administrator may establish an Employee Grievance Committee, consisting of five (5) officers and employees of the Township, to hear, review and adjust informally such grievances as any employee or department head may present to it. Such hearing, review and adjustment shall be in accord with Article I, Section 19, of the New Jersey Constitution (1947).
[1974 Code § 18-14; Ord. #83-36]
As of the effective date of this subsection, all new employees employed by the Township and the Woodbridge Library Board shall be residents of the Township on the date of their employment and shall continue to be residents during the term of their employment. The provisions of this subsection shall not apply to persons who are presently nonresident employees of the Library or Township employees previously exempt, and further shall not apply to department directors as the same are established by the Administrative Code of the Township of Woodbridge and all persons who are exempt from the residency requirements set forth herein by State legislation or Federal law.
a. 
In the event that a municipal position cannot be filled after due diligence by officials in securing a person or persons to fill the post by a resident of the Township and upon notification by the Mayor or Business Administrator of the Township's inability to employ a resident, the Municipal Council shall adopt a resolution approving the nonresidence of the employee.
b. 
In addition to those employees hereinabove excluded or exempted from the provisions of this subsection are all persons employed in the Township of Woodbridge prior to the effective date of Ordinance No. 76-25, dated July 6, 1976.
c. 
In the event that a present nonresident employee terminates his employment with the Township after the effective date of this subsection and then desires to seek Township employment, the person must satisfy the residence requirements herein.
[Ord. #2015-20]
a. 
Waivers of the Township's residency policy shall not be granted except in the event of compelling or extraordinary circumstances, not the result of the employee's voluntary action. Financial hardship shall NOT under any circumstances be considered a compelling or extraordinary circumstance.
b. 
Any employee seeking a waiver of the Township's residency policy shall submit such request in writing to the Division of Personnel in a form prescribed by the Division of Personnel which shall include the following:
1. 
The proposed location of the new residence.
2. 
Whether the waiver is requested permanently or for a limited period of time. If the waiver is requested for a limited period, the employee shall include the estimated date on which the employee seeks to have the temporary waiver terminate.
3. 
The compelling or extraordinary reason that forms the basis of the request.
4. 
Any supporting documentation associated with the employee's request.
5. 
Such other items or materials as the Division of Personnel shall deem necessary.
c. 
The failure to submit all required information shall result in the denial of the waiver request. Confidentiality shall not be a basis for refusing to provide information or materials to support the request.
d. 
Any denial of an employee's request for a residency waiver by the Division of Personnel shall be in writing and provided to the employee within a reasonable time following the submission of a completed residency waiver request.
e. 
Any employee requesting a residency waiver shall have the right within ten (10) calendar days of the date of the denial, to appeal the denial to the Business Administrator. The appeal request shall be in writing, unless otherwise waived by the Business Administrator, and shall set forth such factors as the employee believes should have been considered or should have been considered more favorably by the Division of Personnel at the time of the denial.
f. 
The Business Administrator shall review the appeal request and advise the employee in writing of his decision, within ten (10) calendar days of the receipt of the appeal. If a decision is not forthcoming from the Business Administrator within ten (10) days, the appeal shall be deemed to have been denied.
g. 
All appeal decisions by the Business Administrator shall be final.
[Ord. #94-79 Preamble]
Certain employers doing work within the Township wish to use the services of off-duty Township police officers for certain police related services; and the Township wishes to charge these employers utilizing off-duty police officers a specific dollar amount per hour to cover the costs of the off-duty system and administering the off-duty system.
[Ord. #94-79 § 1; Ord. #2015-28]
The extra duty rates paid by an outside employer to the Township for off-duty Township police services shall be in conformance with the Collective Bargaining Agreement (CBA) currently on file in the Offices of Personnel and Municipal Clerk.
[Ord. #94-15 Preamble; Ord. #96-06 Preamble]
N.J.S.A. 40A:10-23 allows Woodbridge Township, as a municipal employer, to subsidize the cost of health benefits for specified groups of the Township's employees who have retired. This section is required in order to allow the Township to subsidize the cost of coverage for the statutorily specified employees. The Township has already been involved in litigation venued in Middlesex County Chancery Division, Docket No. C-312-92, requiring the Township to cease its prior practice of subsidizing retirees who have not complied with statutory criteria set forth by N.J.S.A. 40A:10-23. This is the Township's prescription of uniform conditions to subsidize the cost of insurance coverage to qualified retirees, based upon the recommendation of the Administration to the Municipal Council. The uniform conditions set forth below are intended to be an equitable remedy for Township retirees and is consistent with the practice employed by the New Jersey State Health Benefit System.
[Ord. #94-80 § 6; Ord. #96-06 §§ 1—5; Ord. #13-61 § 10]
Pursuant to the authority of N.J.S.A. 40A:10-23, the Township hereby sets uniform conditions governing the payment of insurance premiums after retirement of Township's employees as follows:
a. 
Full Payment. Woodbridge Township shall pay one hundred (100%) percent of the cost of Health Insurance for any person who retires as a Woodbridge Township employee and who has either (i) twenty-five (25) years of service with Woodbridge Township as the employer; or (ii) thirty (30) years of service in either the Public Employee Retirement System or the Police and Fire Retirement System of which not less than the final ten (10) years of service were as a Woodbridge Township employee.
b. 
Fifteen (15) Years of Service and Sixty-two (62) Years of Age. The Township is to pay sixty (60%) percent of the cost of Health Insurance Coverage for any Woodbridge Township's employee who has retired from Woodbridge Township prior to June 30, 1996 and who had reached the age of sixty-two (62) or older at retirement with at least fifteen (15) years of service with Woodbridge Township, the employer. This provision is to be phased in over a twelve (12) month period according to uniform guidelines set forth by the Administration of the Township of Woodbridge.
c. 
Disability Pension. The Township is to pay one hundred (100%) percent of the cost of coverage for Woodbridge Township employees who retire from the Township on a New Jersey State Recognized Disability Pension, with such pension authorized prior to June 30, 1996.
As to such pensions authorized after June 30, 1996, the Township is to pay sixty (60%) percent of the cost of coverage.
d. 
Labor Agreements. Consistent with the Township's labor agreements, the Township will allow any retiree having served a minimum of ten (10) years with the Township as the employer the right to participate at the employees' own full cost in the Township's Health Benefit Program.
e. 
Dependents/Spouse. The provisions of this section will also apply to those dependents including spouses, who are dependents of a Township retiring employee at the time of the employee's retirement from Woodbridge Township.
[Ord. #93-10 Preamble]
N.J.S.A. 63:1-20.5 (hereinafter the "Statute") directs the Superintendent of State Police to adopt rules and regulations which establish and implement the process by which the State Bureau of Identification may provide criminal history record information to local government agencies in noncriminal matters. Pursuant to the "Administrative Procedure Act," N.J.S.A. 52:14B-1 et seq., the Superintendent of State Police adopted rules, regulations and fees for the processing of criminal background checks for noncriminal matters; said rules, regulations and fees being codified in N.J.A.C. 13:59-1.1 et seq. (hereinafter the "Regulations"). The Mayor and Municipal Council have determined it to be in the best interests of the citizens of the Township of Woodbridge to perform criminal record background checks on prospective employees of the Township and those persons seeking a position with any emergency response or service entity within the Township in order to thoroughly ascertain their suitability for the employment or position.
[Ord. #93-10 § 1]
As used in this section:
ACCESS
Shall mean to instruct, communicate with, store data in, gain entry into, retrieve data from, disseminate, or otherwise make use of any computer, computer system or computer network.
AUTHORIZED AGENCY
Shall mean any agency authorized by a Federal or State statute, rule or regulations, executive order, administrative code or local ordinance to access Criminal History Record Information maintained as part of a computerized database of the New Jersey Criminal Justice Information System for noncriminal justice purposes, including licensing and/or employment purposes.
CRIMINAL HISTORY RECORD INFORMATION or CHRI
Shall mean information collected by criminal justice agencies regarding individuals, and stored in the computerized database of the New Jersey Criminal Justice Information System, consisting of identifiable descriptions and notations of arrests, indictments or other formal criminal charges and any dispositions arising therefrom, including sentencing, correctional supervision and release.
CRIMINAL JUSTICE AGENCY
Shall mean (1) the courts of the State of New Jersey and (2) a government agency of the State of New Jersey or any sub-unit thereof which performs functions pertaining to the administration of criminal justice pursuant to a statute, ordinance or regulation, and which allocates a substantial portion of its budget to the administration of criminal justice.
EMERGENCY RESPONSE or SERVICE ENTITY
Shall mean any duly authorized fire department, first aid, rescue or emergency squad, whether volunteer or paid.
FEE
Shall mean that cost established by law for processing all criminal history record requests for authorized agencies for noncriminal justice purposes, including licensing and/or employment.
LICENSING AND/OR EMPLOYMENT PURPOSE
Shall mean any noncriminal justice purpose including licensing and/or employment, for which applicant fingerprints or name search requests are submitted by authorized agencies as required or permitted by a Federal or State Statute, rule or regulation, executive order, administrative code provision or local ordinance to the State Bureau of Identification for the processing and obtaining of Criminal History Record Information background checks.
PROCESSING CRIMINAL HISTORY RECORD BACKGROUND CHECKS
Shall mean (1) the process whereby the State Bureau of Identification, at the request of an authorized agency, accesses the Criminal History Record Database of the New Jersey Criminal Justice Information System to compare a set of classifiable fingerprints or to conduct a name search request to determine if New Jersey Criminal History Record Information exists for the person identified by the authorized agency; and, (2) the furnishing by the State Bureau of Identification to an authorized agency of all records or convictions in a New Jersey State Court and all records of pending arrests and/or charges for violations of New Jersey laws which the New Jersey Criminal Justice Information System indicates as having no dispositions, regardless of their age, unless such records have been expunged pursuant to law.
STATE BUREAU OF IDENTIFICATION
Shall mean the State Bureau of Identification, a bureau within the Division of State Police.
[Ord. #93-10 § 2]
The Township of Woodbridge shall hereinafter be deemed an "authorized agency" for purposes of and pursuant to the Statute and the Regulations in order that it may request the State Bureau of Identification to access the Criminal History Records Database of the New Jersey Criminal Justice Information System in order to compare fingerprints or to conduct a name search, in order to determine if criminal history record information exists for a prospective employee of the Township or a prospective member of an emergency response or service entity within the Township.
[Ord. #93-10 §§ 3—10]
a. 
In furtherance of the authority contained in the Statute and the Regulations, each new applicant for employment by the Township of Woodbridge and those individuals seeking a position with any emergency response or service entity within the Township shall be subject to an application procedure, which shall include, but not be limited to, requiring the applicant to provide all requested information and to submit to fingerprinting in order that the Township may perform a Criminal History Record Background Check as described herein and in the Statute and Regulations referenced above.
b. 
Additionally, the Township may make inquiry into references and/or past employers of prospective employees and require such other reasonable information of the applicant(s) necessary to thoroughly assess the qualifications and suitability of a prospective employee for employment by the Township or membership in any emergency response entity or service within the Township.
c. 
All requests for criminal history background checks of applicants hereinafter shall be submitted to the Police Department of the Township of Woodbridge for processing pursuant to and in accordance with the Regulations.
d. 
The fees associated with the processing of fingerprint identification checks and name search checks shall not be collected from applicants, but shall be paid by and on behalf of the Township of Woodbridge.
e. 
The information accessed pursuant to the Statute and the Regulations, will be used solely for the authorized purpose for which it was obtained, and Criminal History Record Information furnished by the State Bureau of Identification shall not be disseminated to unauthorized persons within agencies or disseminated outside of the agencies authorized to receive the record.
f. 
In the event Criminal History Record Information is to be used in order to disqualify an applicant with respect to licensing and/or employment, the applicant shall be provided with an opportunity to complete and/or challenge the accuracy of any information contained in the Criminal History Record. In this regard, an applicant shall be afforded a reasonable period of time to correct and/or complete the record and the applicant shall not be presumed guilty of any pending charge or arrest for which there is no final disposition indicated on the record.
g. 
The full text of the Statute and Regulations are incorporated herein by reference as if set forth fully.
h. 
Nothing contained in this section, nor the implementation and/or use of the powers herein granted, shall operate to impose or impute any liability on the Township of Woodbridge arising out of the Township's employment application procedures described herein.
[Ord. #13-35]
a. 
Applicants for paid positions for delivering emergency medical services are required to submit to a background investigation conducted by the Woodbridge Police Department and be fingerprinted by the live scan fingerprinting company under contract with the New Jersey State Police. Applicants should contract the Woodbridge Police Department, Identification Bureau for procedures, instruction and applicable fees.
b. 
Applicants for non-paid (volunteer) positions for delivering emergency medical services are required to submit to a background investigation conducted by the Woodbridge Police Department. Live scan fingerprinting will be provided by the Woodbridge Police Department, Identification Bureau at no charge. Applicants should contact the Woodbridge Police Department, Identification Bureau for procedures and instructions.
c. 
All personnel (paid or non-paid) for delivering emergency medical services are required every three (3) years thereafter to submit to another background investigation by using the New Jersey State Police. Name Check Only SBI212B Form, personnel should contact the Woodbridge Police Department, Identification Bureau for procedures, instructions and applicable fees.
d. 
The Woodbridge Police Department may consider the following factors in determining whether a criminal record adversely relates to an applicant's ability to provide emergency medical service: (1) the nature and seriousness of the crime; (2) the circumstances under which the crime occurred; (3) the date of the crime and age of the applicant when the crime was committed; (4) whether the crime was an isolated event; and (5) evidence of rehabilitation.
[Ord. No. 2018-57]
a. 
For any infractions of written policy and/or the employee handbook of the Township of Woodbridge, the following procedures will be followed:
First Violation: A verbal warning with written documentation;
Second Violation: A written warning to be signed by the employee;
Third Violation: A written warning to be signed by the employee and a maximum suspension of three (3) days;
Fourth Violation: A written warning to be signed by the employee and a minimum suspension of five (5) days with the possibility of termination;
Fifth Violation: A written warning resulting in termination.
b. 
This policy does not override any of the Township's practices which result in immediate expulsion.