[1974 Code § 2-16.1]
At the general election held on November 8, 1955, there was
submitted to the voters of the Borough, the question of whether or
not the Borough should adopt the provisions of the Civil Service Act
of the State of New Jersey and the adopted was duly approved and authorized
by a majority of the votes cast at the election.
Immediately thereafter the New Jersey Civil Service Commission
made a survey of all positions in the Borough, covering the duties
and salaries of the positions.
[1974 Code § 2-16.2]
Following such survey, the New Jersey Civil Service Commission
submitted to the Mayor and Council of the Borough four separate and
distinct schedules as follows:
c.
Schedule 3.
1.
An alphabetical list of titles of full-time positions in the classified
service with proposed salary ranges and divisional classifications.
2.
An alphabetical list of titles in the unclassified service, with
the statutory or other provision placing the position in the unclassified
service.
3.
An alphabetical list of titles of part-time positions with divisional
classifications.
4.
Class specifications for full-time positions in the classified service.
[1974 Code § 2-16.3]
The Mayor and Council of the Borough are desirous of cooperating
with the New Jersey Civil Service Commission.
The Mayor and Council, in accordance with the request of the
New Jersey Civil Service Commission, are also desirous of providing
an adequate salary plan for the various classes of positions within
the Borough.
[1974 Code § 2-16.4]
The provisions of the Civil Service Act of the State of New
Jersey, be and the same are hereby adopted.
Each of the four separate and distinct schedules as prepared
and submitted by the New Jersey Civil Service Commission heretofore
enumerated, are hereby incorporated in this section by reference.
[1974 Code § 2-16.5]
a.
The rules for the installation and administration of civil service
procedures contained in Schedule 4 are hereby adopted.
b.
The status, title, divisional classification, classes of positions
and the duties attached to such positions, all as contained in Schedules
1, 2 and 3 hereinabove mentioned, are hereby adopted and created.
c.
The salary ranges for each class of position contained in Schedules
2 and 3 as therein set forth, are hereby established, but the increment
payments therein contained, are contingent upon the availability of
funds.
d.
The Mayor and Council reserved the right to pay a salary to any new
employee at any figure given in the schedule affecting such new employee,
and not necessarily the first figure of the schedule.
[1]
Editor's Note: The schedules referred to herein may be found
in Subsection 2-16.3.
[1974 Code § 2-16.6]
This section shall not operate so as to decrease the present
pay of any officer or employee, anything in the schedules to the contrary
notwithstanding.
This section shall not operate so as to increase the present
pay of any officer or employee, not to provide a payment in excess
of the normal increment prescribed for the class of position attached
thereto, notwithstanding that the minimum salary range as set forth
in that class of position may not have been reached.
This section shall operate to provide increments only to those
employees who have satisfactorily performed the duties of their positions
and when funds are available for that purpose.
[1974 Code § 2-17.1]
The rate of compensation of each officer and employee of the
Borough shall be as provided in the ordinance of the Borough Council,
fixing the compensation of the officers and employees.
[1974 Code § 2-17.2]
The duties and terms of employment of the several officers and
employees, except as otherwise provided by statute, shall be as set
forth in an ordinance of the Council. The hours of employment and
other pertinent information pertaining to the several offices and
positions, except as otherwise provided by statute, or other ordinance
of the Council, shall be set forth in a resolution of the Borough
Council.
[1974 Code § 2-17.3]
Except as otherwise provided by ordinance, all salaries and
compensation due the several officers and employees of the Borough,
shall be paid on the 15 and 30 of each month.
[1974 Code § 2-17.4]
At the first meeting of the Mayor and Council in January of
each year, there shall be established an account to be designated
as the Borough of Fairview payroll account, and the Collector-Treasurer,
upon receipt of a warrant for the amount due such payroll account,
shall deposit the same to the credit of the payroll account, charging
the appropriate budgetary accounts therewith.
[1974 Code § 2-17.5]
At each regular meeting of the Mayor and Council, the Borough
Clerk shall present to the Mayor and Council for approval, warrants
drawn to the order of the Borough payroll accounts as follows:
a.
In advance for all officers and employees whose salaries are on an
annual or weekly basis, when such salaries are due and payable prior
to the next regular meeting of the Mayor and Council.
b.
In advance for all officers and employees whose compensation is on
an hourly basis when the compensation has been approved by some responsible
designated official and the chairman of the appropriate committee
and has been certified to the Borough Clerk.
c.
The Borough Collector-Treasurer shall thereafter draw checks on the
payroll account to the officers and employees entitled to payment
therefrom.
d.
At each regular meeting of the Mayor and Council, the Borough Clerk
shall submit for approval or ratification, as the case may be, the
necessary payroll for the amount due the several officers and employees
for compensation. The payroll shall be considered by the Mayor and
Council in due course and approved if found to be correct.
e.
In case of error or adjustment in the payroll, the Borough Clerk
shall see that such error or adjustment is properly corrected and
appropriate record made thereof.
[1974 Code § 2-17.6]
All warrants drawn to the order of the payroll account shall
be signed by the Mayor and Borough Clerk and countersigned by the
Collector-Treasurer and all checks drawn against the payroll account
shall be signed by the Collector-Treasurer only.
[1974 Code § 2-17.7]
It shall be the duty of all department heads and such other
officials as may be designated by the Mayor and Council, to certify
to the Borough Clerk as to the correctness of all compensation due
to the officers and employees under their supervision and control.
Such certification shall be made on an approved form and shall accompany
the payroll of each department prior to each regular meeting. The
Borough Clerk shall in turn certify to the correctness of the complete
payroll as presented for approval or ratification.
[1]
Editor's Note: See also Special Contracts and Agreements regarding
Sick Leave of Absence. This section is applicable to employees that
have no other union contract or agreement with the Borough.
[1974 Code § 2-24.1; Ord. No. 77-4; Ord. No. 89-18 § 1; Ord. No. 03-07]
a.
Sick leave of absence with pay shall be granted to all full-time
officers and employees including members of the Police Department
of not less than one working day for each month of service during
the first calendar year and 15 working days for each calendar year
thereafter. If any such employee required none or only a portion of
such allowable sick leave for any calendar year, the amount of sick
leave not taken shall accumulate to his or her credit from year to
year and such employee shall be entitled to such accumulated sick
leave of absence with pay if and when needed.
Any employee not covered by a collective bargaining agreement
nor part of any union who retires or resigns with a minimum of 25
years of service or if the employee shall die while during his employment,
the employee shall be paid the accumulated sick leave in one lump
sum payment at his current salary. The accumulated unused sick leave
lump sum payment shall not exceed the employee's current annual salary.
Any employee covered by a collective bargaining agreement nor
part of any union who retires or resigns with a minimum of 10 years
of service or if the employee shall die while during his employment,
the employee shall receive a payment equal to 1/2 of the employee's
accumulated sick leave days and accumulated vacation days multiplied
by the employee's rate of daily compensation at the time of his or
her resignation or retirement. The accumulated unused sick leave and
vacation lump sum payment shall not exceed the employee's current
annual salary.
Any full time department head hired prior to January 1, 1998
and not covered by a collective bargaining agreement nor part of any
union who retires or resigns with a minimum of nine years of service
or if the department head shall die while during his employment, the
department head shall be paid his accumulated sick leave in one lump
sum payment at his current salary. The accumulated unused sick leave
lump sum payment shall not exceed the department head's current annual
salary.
b.
In the event an employee shall be assigned to perform duties and
responsibility normally assigned to an employee of higher rank, title
or job classification, and the assignment shall be for a period of
60 consecutive days or more, then that employee so assigned shall
receive a salary commensurate with that rank, title or job classification
during the time he or she is so assigned.
[1974 Code § 2-24.2; Ord. No. 77-4]
The provisions of this section shall in no way effect the tenure
or Civil Service status of any employee presently employed in any
of the various positions set forth hereinabove.
[Ord. No. 00-9; Ord. No. 05-2 § 1; Ord. No. 2014-12]
a.
Sick leave of absence with pay shall be granted to all full-time
employees of not less than one working day for each month of service
during the first calendar year and 12 working days for each calendar
year thereafter. If any such employee required none or only a portion
of such allowable sick leave for any calendar year, the amount of
sick leave not taken shall accumulate to his or her credit from year
to year and such employee shall be entitled to such accumulated sick
leave of absence with pay, if and when needed.
b.
Any employee, including Department Heads, not covered by a collective
bargaining agreement nor part of any union who retires or resigns
with a minimum of 25 years of service shall be compensated for the
accumulative sick leave at 1/2 of the employee's accumulated sick
leave days multiplied by the employee's base rate of daily compensation
at the time of his or her resignation or retirement up to a maximum
payment of $12,000.
[Ord. No. 2014-12]
c.
Any employee, including Department Heads, the Police Chief and Deputy
Police Chief not covered by a collective bargaining agreement nor
part of any union who retires or resigns with a minimum of 10 years
of service, the employee shall receive a payment equal to 1/2 of the
employee's accumulated sick leave days multiplied by the employee's
rate of daily compensation at the time of his or her resignation or
retirement up to a maximum of $6,000.
d.
After a minimum of 25 years of service, the Police Chief and Deputy
Police Chief upon their retirement or resignation, shall be compensated
for their unused accumulated sick leave at 1/2 of their accumulated
sick leave days multiplied by their base rate of daily compensation
at the time of his or her resignation or retirement up to a maximum
of 50% of their final one year salary.
[Ord. No. 2014-12]
[1974 Code § 2-30.2; Ord. No. 82-7; Ord. No. 00-16; Ord. No. 2014-11]
Unless otherwise provided by law, the Governing Body of the
Borough of Fairview does hereby require, subject to the provisions
of Chapter 63, Laws of 1978, all Police Officers employed by the Borough
of Fairview after the effective date of the above cited statute, must
be a bona fide resident therein for up to one year after their appointment.
The Governing Body of the Borough of Fairview does hereby further
require that all nonresidents subsequently appointed to positions
or employments shall be and remain bona fide residents of the Borough
of Fairview within one year of their appointment except as otherwise
provided pursuant to Sections 4 and 5 of Chapter 63, Laws of 1978.
Pursuant to N.J.S.A. 40A:9-1.6 and 9-1.7, exceptions to the
residency requirements may be granted in cases where the Governing
Body determines that:
a.
Certain specific positions require special talents or skills which
are necessary for the operation of the Borough and are not readily
available among the residents of the Borough; or
b.
That there cannot be recruited a sufficient number of qualified residents
for available specific positions or employments in which case the
Governing Body may advertise for other qualified applicants. The Borough
shall classify qualified applicants as follows:
1.
Other residents of Bergen County;
2.
Other residents of Counties contiguous to Bergen County;
3.
Other residents of the State; and
4.
All other applicants.
The Borough shall first appoint all those in Class 1 and then
those in each succeeding class in the order listed above and only
after all qualified applicants in the preceding class have been appointed
or have declined an offer of appointment.
[1974 Code § 2-30.3; Ord. No. 82-7]
It shall be the duty of the hiring authority to insure that
all employees hire after the effective date of the above cited statute
remain bona fide residents of the Borough of Fairview in which they
are employed. Failure of any such employee to maintain residency in
the Borough of Fairview shall be cause for removal or discharge from
service. In the event such employee does not maintain bona fide residency,
the hiring authority shall notify the employee that failure to again
take up bona fide residency in the Borough of Fairview within six
months of such notification will result in removal or discharge from
service. Such removal or discharge shall take effect on the date specified
in such notice, but any employee so removed or discharged shall have
the right to such appeals as are available pursuant to law. This section
shall take effect immediately upon final passage and publication as
required by law.
[1974 Code § 2-23.1; Ord. No. 75-12]
On and after August 1, 1975, all employees and appointive officers
of the Borough of Fairview, other than nonpaid members of a purely
advisory body, shall retire if that person has attained the age of
70 years, or upon attaining the age of 70 years, or such earlier age
as may be required by law, except that such officer or employee may
be continued in his employment on an annual basis upon consent of
the Mayor and Council as authorized by resolution and in accordance
with the State statutes. That person shall have pensions and retirement
benefits as may be provided by statute or ordinance.
[1975 Code § 2-23.2; Ord. No. 75-12]
This subsection shall not apply to the Fairview Volunteer Fire Department and this subsection shall be subject to Subsection 2-35.2.
[1975 Code § 2-18.1; amended 1-21-2020 by Ord. No. 20-2]
The Borough of Fairview has previously entered into a contract
for group insurance coverage for its employees under the New Jersey
Health Act and with the New Jersey Blue Shield and Blue Cross, which
is presently in effect providing for major medical and rider "J" coverage
for the employees and their dependents.
The Borough is desirous of continuing insurance coverage for
its employees and their dependents after the retirement of the employees,
or in the event of the death of the employee to the surviving spouse,
subject to, in compliance with, and as provided for under the provisions
of N.J.S.A. Cumulative Supplement 40A:9-14.1.
[1975 Code § 2-18.2]
The group insurance coverage as may be modified, amended and/or
supplemented, shall be continued for the employees and their dependents
after retirement of employees. (Dependents as herein contained shall
be as defined in N.J.S.A. Cumulative Supplement 40A:9-13.)
[1975 Code § 2-18.3; amended 10-7-2019 by Ord. No. 19-15;4-21-2020 by Ord. No. 20-12; 2-21-2023 by Ord. No. 23-02]
The Borough shall assume the cost of the coverage and pay the
premiums for the employees who have retired after twenty-five (25)
years or more of service with the Borough, including the premiums
of their dependents if any. In the event there is a requirement to
contribute to the health insurance premium upon retirement said amount
shall be no more than 1.5% of the total pension payment per year.
It is the policy of the Borough of Fairview to maintain a working
environment that is free from all forms of discrimination, including
sexual harassment.
Sexual harassment is a form of misconduct that undermines the
integrity of the employment relationship. No employee, either male
or female, should be subjected to unsolicited and unwelcomed sexual
overtures or conduct, either verbal or physical. No employee should
be subjected to a hostile or offensive working environment created
by sexual harassment.
Sexual harassment does not refer to occasional compliments of
a socially acceptable nature. It refers to behavior that is not welcome,
that is personally offensive, that lowers morale and that, therefore,
interferes with our work effectiveness.
Each supervisor has a responsibility to maintain the workplace
free of sexual harassment. This duty includes discussing this policy
with all employees, and assuring them that they are not to endure
insulting, degrading or exploitive sexual treatment.
It shall be a violation of this Policy for any employee of the
Borough to harass another employee through conduct or communications
of a sexual nature or because of that employee's gender or citizen.
It shall also be a violation of the Policy for any supervisor who
is aware that sexual harassment is taking place and to fail to promptly
report the matter to the Borough Clerk, Mayor or Councilmember.
[Ord. No. 95-8 § 2]
As used in this section:
a.
Sexual harassment shall consist of unwelcomed sexual advances, requests
for sexual favors, and other inappropriate verbal or physical conduct
of a sexual nature made by any employee when:
1.
Submission to sexual harassment is made either explicitly or implicitly
a term or condition of an individual's employment;
2.
Submission to or rejection of sexual harassment by an individual
is used as the basis for employment decisions affecting that individual;
or
3.
Sexual harassment has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
hostile or offensive working environment.
b.
Sexual harassment may include, but is not limited to, the following:
1.
Unwelcome sexual advances, such as offensive sexual flirtations,
repeated requests for dates or love letters after rejection of overtures.
2.
Discussing sexual activities.
3.
Pressure or coercion for sexual activity.
4.
Repeated remarks to a person, with sexual or demeaning implications.
5.
Unwelcomed intentional touching, such as patting, pinching or brushing
against another's body.
6.
Suggesting or demanding sexual involvement accompanied by implied
or explicit threats concerning one's evaluation, raise, promotion,
etc.
7.
Display of nude or pornographic pictures, lewd or vulgar cartoons,
etc.
8.
Practical jokes about gender-specific traits.
c.
Sexual harassment may also consist of intimidating, abusive or hostile
behavior of a nonsexual nature toward an employee because of his/her
gender. Verbal abuse and hostility that is not sexual in character
but is directed solely at females because they are female, or males
because they are male, for example, is likewise a violation of this
policy on the same level as harassment of a sexual nature.
d.
Sexual harassment can also take the form of offensive conduct by
nonemployees, such as vendors, outside contractors, etc., against
employees in the workplace.
[Ord. No. 95-8 § 3]
Because of the nature and seriousness of sexual harassment in
the workplace, the receipt of complaints, investigation and recommendation
for disciplinary action, if necessary, shall be the responsibility
of the Borough Clerk and Borough Attorney.
a.
Reporting Violations. Any person who feels he/she is the victim of
sexual harassment as defined herein may file a complaint directly
with the Borough Clerk. If any department head or other supervisory
personnel receives a complaint regarding sexual harassment, or becomes
aware of instances of sexual harassment, promptly report the incident
to the Borough Clerk. Although employees are encouraged to try to
resolve disputes with the help of their immediate supervisor, there
is no requirement that the employee exhaust the chain of command in
relation to sexual harassment complaints. Rather, an employee can
go directly to the Borough Clerk at any time during the complaint
process. The filing of a bona fide complaint or otherwise reporting
sexual harassment will not adversely affect the individual's employment
status or future terms and conditions of employment.
b.
Contents of Complaint. The complaint must include the following information:
1.
The name, department and position or title of the complainant;
2.
The name, department and position or title of the charged party;
3.
The date, time, nature and circumstances, in detail, of each instance
of 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 at issue; and
4.
Whether such harassment has been previously reported, and if so,
the date and to whom it was reported.
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.
c.
Investigation. The Borough Clerk shall promptly commence an investigation
of the allegations of sexual harassment which may include interviews
and written statements from the victim, the alleged harasser and any
witnesses. The Borough Clerk may request the assistance of the Borough
Attorney, other supervisory personnel, or outside sources, in conducting
the investigation. Confidentiality shall be maintained throughout
the investigation process. The investigation shall be completed within
five business days of filing of the complaint, and the result of the
investigation shall be forwarded to the Mayor and Council within seven
days of the completion of the investigation. It shall be the duty
of the person responsible for the investigation to: (1) interview
the complainant, potential witnesses and the charged party; (2) review
municipal files for similar incidents involving the complainant and
the charged party; and (3) assess the presence or absence of corroborative
evidence.
d.
Standard for Determination of Guilt. The Mayor and Council, in the
event of an appeal, shall determine that a charged party is not guilty
of the offense of sexual harassment unless he/she/they find, based
on the investigation and hearing, in the case of an appeal, that substantial,
credible evidence supports the conclusion that: (1) the facts as alleged
by the complainant are true; (2) those facts constitute sexual harassment
as defined herein; and (3) the charged party is the person who committed
the acts constituting sexual harassment.
e.
Remedial Action. The Mayor and Council shall be permitted to impose
the following penalties or conditions of employment upon a Borough
employee found to have committed the offense of sexual harassment:
f.
Appeal to the Mayor and Council. A complainant or charged party may
appeal the determination of the Borough Clerk to the Mayor and Council.
The appealing party must file a request for an appeal in writing with
the Borough Clerk within 10 days of the determination of the Borough
Clerk stating why the determination of the Borough Clerk should be
overturned. The party not appealing shall have the option of submitting,
within 10 days of the filing of the request for an appeal, a statement
explaining why the determination of the Borough Clerk should be affirmed.
g.
Hearing Before the Mayor and Council. In the event of an appeal,
there shall be a hearing before the Mayor and Council or a person
or persons designated by the Mayor and Council not less than 20 nor
more than 40 days from the filing of the request for an appeal. The
hearing shall be tape recorded. The charged party shall be notified,
in writing, of the hearing date at least 10 days before the hearing.
The hearing shall be a quasijudicial procedure and the charged party
shall be entitled to state all defenses, enter relevant evidence,
call witness on their behalf and confront all witness against them,
including the complainant. The Borough Attorney, or other designated
legal counsel, shall participate in such hearing to assure confidentiality
and resolve evidentiary disputes. The Mayor and Council or their designee
shall issue his decision within 10 business days of the hearing including
its determination of the appropriate remedial action to be imposed,
if any.
h.
Sanctions. If the allegations of sexual harassments are found to
be meritorious, the Mayor and Council shall immediately institute
remedial and/or corrective action which may include counseling, change
in work assignments or disciplinary action up to and including termination.
Any disciplinary action shall be consistent with applicable collective
bargaining agreements and the New Jersey Department of Personnel rules
and regulations. The victim of sexual harassment shall be informed
of the nature of any disciplinary action taken.
The Borough Clerk may monitor future conduct of the parties
involved in order to reasonably insure that the remedial action taken
has been effective in stopping the harassment and that no retaliation
has occurred.
i.
Additional Rights. If any individual is aggrieved with the investigation,
findings and/or remedies pursuant to this policy, he/she may assert
any right of appeal contained in the applicable collective bargaining
agreements or Department of Personnel rules and regulations, if appropriate,
file a complaint with the New Jersey Division on Civil Rights, or
pursue any other civil remedy.
j.
Notifications. This policy will be distributed to all employees and
department heads of the Borough and incorporated in employee handbooks.
The policy shall also be included in any standard operating procedures
manual of any department. Every employee shall be required to certify
that they have received a copy of this policy. This certification
shall be maintained in each employee's personnel file. The policy
shall also be permanently placed on all employee bulletin boards in
every department. It shall be a violation of this policy to remove
the police from any bulletin board or deface this policy in any manner.
Mandatory training sessions on this policy and the prevention of sexual
harassment shall be held for all personnel during appropriate in-service
training programs and orientation sessions.
k.
Employee Responsibility. It is the duty of all employees, including
supervisory personnel, to be familiar with this policy. More importantly,
each employee has a stake in preventing sexual harassment and thus
shares responsibility with the Borough Clerk in eliminating sexual
harassment in the workplace. Employees who feel victimized by sexual
harassment are encouraged to come forward with complaints. Employees
should also inform their co-worker or supervisor in no uncertain terms
that conduct is offensive and unwelcome. Often, disputes arise only
because of misconceptions and insensitivity, which can be corrected
simply through communication. If self-help remedies do not resolve
the dispute, report the matter promptly to the Borough Clerk. Also,
all employees have a responsibility to cooperate fully with the investigation
of sexual harassment. Although the extent of each investigation will
vary, confidentiality and cooperation are crucial at all levels. Finally,
any retaliatory conduct or recurrence of the offensive behavior should
be reported immediately to the Borough Clerk.
Additional information on sexual harassment in the workplace
and the Borough's anti-discrimination policies in general are available
in the Borough Clerk's office.
