Unless as otherwise prescribed by collective bargaining agreement,
all personnel policies contained herein shall apply to all employees.
A.
It
is the intent of this article to establish personnel policies, practices
and regulations which are consistent with sound business principles
and provide incentives to encourage maximum efficiency, to the end
that the administration of the Township's personnel program will be
accomplished in a manner equitable to the employees without handicapping
or curtailing the responsible administrative officers. Except as otherwise
prescribed by the collective bargaining agreements to which the Township
is party, and where applicable, the personnel practices and procedures
described herein shall apply to all full-time employees.
B.
Within
the framework of the foregoing general policy, the following principles
are hereby declared as establishing the personnel policies of the
Township:
(1)
Employment in the municipal government shall be based on merit and
fitness, free of personal and political considerations.
(2)
Just and equitable incentives and conditions of employment shall
be established and maintained to promote efficiency and economy in
the operation of the municipal government.
(3)
Positions having similar duties and responsibilities shall be classified
and compensated for on a uniform basis.
(4)
Every effort shall be made to stimulate high morale by fair administration
of this article and by every consideration of the rights and interests
of employees, consistent with the best interests of the public and
the Township.
(5)
Continuity of employment covered by this article shall be subject
to good behavior, the satisfactory performance of work, necessity
for the performance of work and the availability of funds.
(6)
It is the policy of the Township to offer employment and fair treatment
to all its employees.
[Ord. No. 53-2014]
A.
Full-time
employees. All full-time employees of the Township paid on either
an annual or hourly basis shall be subject to the provisions of this
article, except that:
(1)
Department heads shall be subject to removal from employment in accordance
with applicable New Jersey law.
(2)
Elected Officials and non-compensated appointed members of various
boards, commissions and committees are not included in sections of
this article which expressly exclude such personnel.
[Ord. No. 53-2014]
B.
Managerial,
executive and confidential employees.
(1)
The following shall be and are hereby classified as confidential
personnel who are not members of a collective bargaining unit:
(a)
Deputy Township Clerk.
(b)
Executive Secretary (Mayor, Business Administrator).
(c)
Paralegal Secretary.
(d)
Assistant Finance Director.
(e)
Director of Human Resources.
(f)
Human Resources Coordinator.
(g)
Assistant Township Attorney.
(h)
Chief Financial Officer.
(i)
Township Attorney.
(j)
Township Clerk.
(k)
Business Administrator.
[Ord. No. 53-2014; Ord. No. 21-2016; amended 2-16-2022 by Ord. No. 8-2022]
A.
Compensation
plan.
(1)
Managerial, executive and confidential employees. The Mayor or Township
Council, where applicable, shall have the sole and exclusive right
to establish the level of compensation to be paid to those managerial,
executive and confidential employees whose titles are listed below.
Thereafter, those managerial, executive and confidential employees
shall receive the highest salary increase that is negotiated with
any collective bargaining unit with the exceptions of PBA Local 136
and PBA Local 136A.
|
Grade
|
Title
|
|---|---|
|
E8
|
Deputy Township Clerk
|
|
Executive Secretary
| |
|
Paralegal Secretary
| |
|
Human Resource Coordinator
| |
|
E12
|
Assistant Finance Director
|
|
Director of Human Resources
| |
|
E13
|
Assistant Township Attorney
|
|
E14
|
Chief Financial Officer
|
|
Township Counsel
| |
|
Township Clerk
| |
|
E15
|
Business Administrator
|
(2)
The compensation to be paid to members of the following unions/associations
shall be as set forth in the applicable current Collective Bargaining
Agreements.
(3)
The salaries of the Deputy Police Chief and the Chief of Police shall
be established in accordance with applicable New Jersey law. Thereafter,
whenever new salary ranges are set by the appointing authority, unless
the Chief of Police or Deputy Police Chief shall consent to a lesser
adjustment, the minimum and maximum salary for the Chief of Police
and Deputy Police Chief shall be adjusted to reflect at least the
same percentage of increase in base salary as is established for other
ranking supervisor officers in the Police Department.
B.
Insurance
benefits.
(1)
All insurance benefits are as prescribed by the applicable collective
bargaining agreements except full-time employees of the Township holding
positions in Grades E8, E12, E13, E14 and E15 shall be entitled to
receive medical insurance, hospitalization insurance, major medical
insurance, dental insurance and prescription plan as defined in the
Employee Health Care Plan and as is more fully set forth in the plan
document. Upon the death of an active employee who has been employed
by the Township for three or more years, all health benefits for spouse
and/or eligible dependents will continue for a period of six months
at no cost, at which time the spouse and/or eligible dependents may
elect to continue medical coverage at his/her own expense at the Township
group rates or under COBRA.
[Ord. No. 53-2014; Ord. No. 21-2016]
(a)
Each employee shall be reimbursed for the cost of an eye examination
with the total cost not to exceed $60 per annum, noncumulative.
[Ord. No. 53-2014]
(b)
Effective February 8, 2023, all new hires/spouses/eligible dependents
of Grade E employees will not be covered by any health benefits for
the first 30 days of employment with the Township. Thereafter, they
will be covered by the PPO Plan.
[Ord. No. 53-2014; amended 1-18-2023 by Ord. No. 2-2023]
(c)
A basic prescription plan shall be provided for each employee
and his/her dependents at a cost of $2 for generic drugs and $25 for
non-generic drugs per prescription. New (E) employees are subject
to a 90 day enrollment period before coverage becomes effective.
[Ord. No. 53-2014]
(d)
Drug prescription co-pays cannot be submitted to major medical
for reimbursement nor shall they count toward the major medical deductible.
(e)
All individual and family insurance benefit deductibles shall
be on a yearly calendar basis, running January 1 to December 31.
(f)
Except as otherwise specified by collective bargaining agreement
or limited by health plan (PPO), all employees shall have a thirty-six-visit-per-year
limit on chiropractic care.
C.
Retirement
benefits.
[Ord. No. 21-2016]
|
In accordance with the provisions of N.J.S.A. 43:15A-74, the
Public Employees' Retirement System of New Jersey (N.J.S.A. 43:15A-1
et seq.) has been adopted within the Township as of June 30, 1962.
The Chief Financial Officer shall determine the accrued liability
contribution payable by the Township to the Contingent Reserve Fund
established under said system and shall submit to the Board of Trustees
of the Public Employees' Retirement System such information as may
be required by the Board.
|
|
Retirement benefits for managerial, executive and confidential
employees. As defined by applicable law, all full-time employees of
the Township holding positions in Grades E8, E12, E13, E14 and E15
shall be entitled upon retirement to the following retiree health
benefits subject to any contribution requirements established by New
Jersey Law:
|
(1)
Age 62 with 15 years of service.
(a)
Any employee who retires from the Township at age 62 or older,
with a minimum of 15 continuous years of service with the Township,
shall receive the following benefits for himself/herself and spouse:
[1]
Hospital coverage at Township expense;
[2]
Medical/surgical coverage at Township expense;
[3]
$250 per year toward laboratory testing and x-rays at Township
expense;
[4]
The ability to purchase major medical coverage and/or the prescription
drug plan for himself/herself and spouse at his/her expense at the
Township group rate.
(b)
Upon the death of the retiree the surviving spouse's medical
coverage continues at no cost for six months after which the surviving
spouse may elect to continue medical coverage at his/her own expense
under COBRA. Upon the expiration of COBRA, all benefits shall cease.
(2)
Prior to age 62 with 25 years of service.
(a)
Any employee who retires from the Township prior to attaining
the age of 62, with a minimum of 25 continuous years of service with
the Township, shall receive the following benefits for himself/herself
and spouse:
[1]
Hospital coverage at Township expense;
[2]
Medical/surgical coverage at Township expense;
[3]
Two hundred fifty dollars per year toward laboratory testing
and x-rays at Township expense;
[4]
The ability to purchase major medical coverage and/or the prescription
drug plan for himself/herself and spouse at his/her expense at the
Township group rate.
(b)
Upon the death of the retiree the surviving spouse's medical
coverage continues at no cost for six months after which the surviving
spouse may elect to continue medical coverage at his/her own expense
under COBRA. Upon the expiration of COBRA all benefits shall cease.
(3)
Age 62 with 20 years of service.
(a)
Any employee who was employed by the Township on or before December
31, 2001, who retires at age 62 with a minimum of 20 years of continuous
service with the Township, shall receive the following benefits for
himself/herself and spouse:
[1]
Hospital coverage at Township expense.
[2]
Medical/surgical coverage at Township expense.
[3]
$250 per year toward laboratory testing and x-rays at Township
expense.
[4]
The ability to receive coverage for the retiree, at the retiree's
sole discretion, of either major medical or prescription insurance
at the Township's expense. Once the retiree has selected and has begun
to receive either major medical or prescription coverage, the retiree
cannot elect to substitute one for the other.
[5]
The ability to purchase dental insurance for himself/herself
and spouse at his/her expense at the Township group rate.
[6]
The ability to purchase major medical coverage and/or the prescription
drug plan for himself/herself and spouse at his/her expense at the
Township group rate.
[a]
The retiree shall have the ability to purchase the coverage not selected in accordance with Subsection C(3)(a)[4] above at his/her expense at the Township group rate.
(b)
Upon the death of the retiree, the surviving spouse's health
benefits will continue for six months at the Township's expense, after
which time the spouse may elect to continue the coverage benefits
at his/her own expense at the Township group rate.
(4)
Age 65 with 25 years of service.
(a)
Any employee who was employed by the Township on or before December
31, 2001, who retires at age 65 with a minimum of 25 years of continuous
service with the Township, shall receive, at no cost to himself/herself
and his/her spouse, the same health benefits that the employee and
spouse received while employed by the Township.
(b)
Upon the death of the retiree, the surviving spouse's medical
coverage will continue for six months at the Township's expense, after
which time the surviving spouse may elect to continue medical coverage
at his/her own expense at the Township group rate.
(5)
No minimum age, 30 years of service.
(a)
Any employee who was employed by the Township on or before December
31, 2001, who retires with a minimum of 30 years of continuous service
with the Township, no minimum age, shall receive, at no cost to himself/herself
and his/her spouse, the same health benefits that the employee and
spouse received while employed by the Township.
(b)
Upon the death of the retiree, the surviving spouse's medical
coverage will continue for six months at the Township's expense, after
which time the surviving spouse may elect to continue medical coverage
at his/her own expense at the Township group rate.
(6)
Benefit levels (coverage) prior to retirement shall remain the same
upon retirement.
[Ord. No. 53-2014]
(7)
Upon reaching age 65, all retirees and spouses coverage becomes secondary
to medicare; up to the same benefit levels (coverage) as before age
65.
(8)
Life insurance in an amount equal to 1/2 of the employee's annual
salary, to a maximum of $50,000, at the time of retirement will be
continued for the retired employee at no cost to the retired employee.
(9)
Any retired employee who is insured by the Township must file an
affidavit with the Chief Financial Officer of the Township on January
1 of every year and not later than March 1 that in effect he/she has
not changed his/her marital status as a retiree. On February 1 the
Township will notify by certified mail those retirees who are delinquent
that they have the month of February to file. Failure to file will
result in termination of benefits.
(10)
Benefits granted at time of retirement for the employee and his/her
spouse shall remain in effect for the life of employee and are not
subject to reduction or elimination in future negotiations.
D.
Life
insurance. Except as otherwise specified by a Collective Bargaining
Agreement to which the Township is a party, all regular full-time
employees of the Township working a minimum of 35 hours each week
shall receive life insurance in an amount equal to 1/2 of the employee's
annual salary, not to exceed the sum of $50,000, upon the completion
of a 90-day enrollment period for new hires.
[Ord. No. 21-2016; amended 2-16-2022 by Ord. No. 8-2022]
[Ord. No. 53-2014]
A.
Unless
otherwise prescribed by law or collective bargaining agreement the
Mayor or Township Council shall establish the salaries of their respective
employees.
B.
Return
to position after separation from service.
(1)
Any employee who has left the Township service to enter the active
service of the armed services of the United States and who is subsequently
reinstated to a position previously held by him shall be entitled
to receive compensation at the rate to which he/she would have been
entitled had his/her service with the Township not been interrupted
by service in the armed forces.
C.
Probationary
period after original appointment or promotion; subsequent advancement.
(1)
After the initial appointment or promotion to a position in the classified
service, the first six months of service in that position shall be
considered the period of probation, except as otherwise may be provided
in the collective bargaining agreement to which the Township is a
party.
(a)
All newly hired employees who are serving their probationary
period shall not be entitled to paid vacation, sick day allowance
and/or personal days until they have successfully completed their
six-month probationary period. However, they shall accrue vacation
and sick/personal time allowance from the date of hire but shall not
be entitled to compensation for vacation and/or sick/personal time
allowance until they have successfully completed their six-month probationary
period. There shall be no retroactive compensation for any vacation,
sick/personal time used during the probationary period.
(b)
An employee who voluntarily leaves his/her employment with the
Township prior to completing his/her probationary period shall reimburse
to the Township all costs associated with his/her preemployment physical.
(c)
All newly hired employees serving their probationary period
shall not be entitled to apply for another open position until they
have successfully completed such probationary period.
(2)
Except as provided by Collective Bargaining Agreement, newly hired
employees shall not receive any adjustment to salary until completion
of one full year of service.
[Ord. No. 53-2014]
D.
Longevity
compensation.
(1)
Any full-time permanent employee of the Township hired prior to January 1, 1977, shall receive longevity compensation in addition to the salaries established in § 4-71, in accordance with the following schedule:
|
Years of Service
|
Longevity Compensation Percent of Base Salary
|
|---|---|
|
5-10
|
3
|
|
10-15
|
6
|
|
15-20
|
8
|
|
20 or more
|
10
|
(2)
The longevity provisions of this section shall not apply to those
employees of the Township who have made independent contractual arrangements
with the Township pertaining to their compensation.
E.
Service
milestone. Employees hired prior to November 7, 2007, having served
or upon serving 20 years (consecutively from date of hire) with the
Township shall receive a one-time increase of $500 to their base pay.
No payments shall be retroactive back to when an existing employee
first reached the twenty-year mark. This benefit is forward in nature.
[Ord. No. 53-2014]
A.
Hours
of work. Except as otherwise specified by a Collective Bargaining
Agreement to which the Township is party, the official workweek of
the Township is a five-day, thirty-five-hour work week. The Mayor
shall establish the hours of work for each department.
B.
Holidays.
(1)
Except as otherwise specified by a Collective Bargaining Agreement
to which the Township is a party, the official holidays with pay,
which are observed by the Township, are as follows: New Year's Day,
Martin Luther King's Birthday (observed), Washington's Birthday (observed),
Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day
(observed), General Election Day, Thanksgiving Day, the day after
Thanksgiving and Christmas Day.
[Ord. No. 53-2014]
(2)
If a holiday falls on a Saturday, the preceding Friday shall be observed.
If a holiday falls on a Sunday, it shall be observed on the following
Monday.
(3)
In the event that an official holiday occurs while an employee is
on sick leave, he/she shall not have such holiday counted as a sick
day.
(4)
In the event that an official holiday occurs during an employee's
vacation leave, he/she shall not have such holiday counted as a day
of his/her vacation leave, but he/she shall be entitled to a substitute
day of vacation leave.
C.
Vacation
leaves.
(1)
General vacation allowance. Except as otherwise specified by a Collective
Bargaining Agreement to which the Township is a party, all full-time
employees paid on an annual salary basis and full-time employees paid
on an hourly basis shall be granted vacation leave, each fiscal year.
[Ord. No. 53-2014]
(a)
Probationary employees shall not utilize paid vacation allowance
until they have successfully completed their six-month probationary
period. This restriction applies only to those probationary employees
who are new hires and does not apply to existing Township employees
who may be promoted to a new position. When a new employee has completed
the six-month probationary period, he/she shall receive the allotted
vacation time retroactively. However, all vacation time used during
the probationary period shall be uncompensated, and there shall be
no retroactive compensation for any such time.
(b)
If an employee is hired before July 1 of the calendar year,
the employee shall be entitled to five days vacation for that calendar
year. If an employee is hired on or after July 1 of that calendar
year, the employee shall be entitled to zero days vacation for that
calendar year.
(c)
Beginning January 1 of the second calendar year to the completion
of the fifth year: 10 days.
(d)
The start of the sixth year to the completion of the 10th year:
15 days.
(e)
The start of the 11th year to the completion of the 15th year:
20 days.
(f)
At the start of the 16th year, the employee will receive one
additional day for each year of service in excess of 15 years, to
a maximum of 25 days.
(g)
All employees hired after November 7, 2007 shall only be entitled
to a maximum of 20 vacation days.
(2)
General condition applicable to vacation leaves. Except as otherwise
specified by a Collective Bargaining Agreement to which the Township
is a party, the following general conditions shall apply to vacation
leaves:
(a)
Accumulation of vacation leave beyond that earned in a twelve-month
period shall be permitted only with the consent of the department
head and approval of the Business Administrator.
(b)
Under no conditions, however, shall an employee be permitted
to accumulate more than a total of 30 days of unused vacation leave.
(c)
Vacation leave shall begin to accrue to permanent full-time
employees upon the first day of service, provided that new permanent
full-time employees shall not be eligible for a vacation leave until
they have completed a satisfactory probationary period as set forth
herein. However, all new probationary employees shall not utilize
or be eligible for compensated vacation leave until they have completed
a satisfactory probationary period as set forth herein. There shall
be no retroactive compensation for any time used prior to the expiration
of the probationary period. Full-time temporary employees shall not
be eligible for vacation leave.
(d)
The fiscal year, for the purposes of the vacation schedule,
shall begin on January 1 and end on December 31.
(e)
Accrued vacation leave for employees with greater than one year
of service shall be compensated for when the employee becomes separated,
either voluntarily or involuntarily, save for cause, from the Township
service unless the employee terminates service without giving two
weeks' notice to his/her department head or Business Administrator
as applicable.
(f)
Any employee who is laid off, retires or separates from the
service of the Township for any reason (save for cause) shall be compensated
in time for the value of his/her accumulated and unused vacation time
on a prorated monthly basis standing to his/her credit at the time
of his separation from service. In case of an employee's death in
service, monetary payment shall be made to his/her beneficiaries or
estate.
(g)
Time on paid sick leave and all other time paid for but not
actually working shall be considered as days worked for the purposes
of computing vacation eligibility and accrual. Such time (non-productive)
shall count toward weekly overtime calculations.
(h)
Any official holiday occurring during an employee's vacation
leave period shall not be counted as a day of vacation leave, but
shall entitle the employee to a substitute day of vacation leave.
D.
Sick leave. Except as otherwise specified by a Collective Bargaining
Agreement to which the Township is a party, sick leave shall be as
follows:
(1)
General conditions. Sick leave is paid leave that may be granted
to each full-time employee who is unable, through sickness or injury,
to perform the duties of his/her position.
(a)
The Township has the right to request sick time verification
whenever it deems it necessary to do so. However, this shall not be
done in an unduly offensive or obtrusive manner.
(b)
When, as a condition of his/her return to duty, the Township
requires a second opinion for an employee who has been absent because
of personal illness, said employee shall be examined, at the expense
of the Township, by a physician chosen by the employee or from a panel
of physicians designated by the Township, if necessary. Such examination
shall establish whether the employee is capable of performing his/her
normal duties and that his/her return will not jeopardize the health
of other employees. Employees incapable of resuming normal work duties
may be retired from employment or transferred to other duties at the
discretion of the Administration.
(2)
Sick leave must be utilized and runs concurrently with family/medical
leave entitlement under the New Jersey Family Leave Act and/or the
Federal Family Medical Leave Act.
(3)
Separation.
(a)
All employees and personnel of the Township of Wayne who have
been employed for a minimum of one year and are covered by the provisions
herein, shall be entitled to a payment of $25 for each accumulated
sick day upon separation from the service of the Township for any
reason, save for cause. For any employee hired after January 1, 2015,
he/she shall need to be employed a minimum of five years.
(4)
Sick leave allowance. Full-time employees shall accumulate sick leave
at the rate of:
|
Years of Service
|
Sick Days Each Year
|
|---|---|
|
0-20
|
15 days (1.25 per month)
|
|
21-30
|
16 days (1.33 per month)
|
|
31 years and over
|
17 days (1.42 per month)
|
|
Sick leave for exempt employees can be accumulated without limit
during the employee's length of service. Accumulated sick leave may
be used by an employee for personal illness, illness in his/her immediate
family which requires his/her attendance upon the ill member, quarantine
restrictions, pregnancy or disabling injuries. No sick leave allowance
will be paid in case of dismissal for cause.
|
(a)
Probationary
employees shall not utilize paid sick leave allowance or personal
days until they have successfully completed their six-month probationary
period. This restriction applies only to those probationary employees
who are new hires and does not apply to existing Township employees
who may be promoted to a new position. When a new employee has completed
the six-month probationary period, he/she shall receive the allotted
sick time retroactively. However, all personal days or sick time used
during the probationary period shall be uncompensated, and there shall
be no retroactive compensation for any such time.
[Ord. No. 53-2014]
(b)
Three
sick days may be used as personal days. If they are not used, they
will revert to accumulative sick days. Except as otherwise provided
in the collective bargaining agreements to which the Township is a
party, personal days may be taken with 24 hours' prior notice, without
restrictions, whenever possible with prior approval of the employee's
department head or designee.
[Ord. No. 53-2014]
(c)
Annual
sick leave for exempt employees shall be as follows:
|
Years of Employment
|
Days of Sick Leave
|
|---|---|
|
0 - 20
|
15
|
|
21 - 30
|
16
|
|
31 and over
|
17
|
(5)
Workers
Compensation.
(a)
During the period of occupational illness or accident where
an employee receives compensation benefits under the Workmen's Compensation
Act and returns those benefits to the Township in exchange for his/her
normal paycheck, that sick leave time charged will be prorated for
that portion which is not covered by the compensation benefits.
E.
Special leave.
(1)
Maternity leave. Except as otherwise prescribed by the collective
bargaining agreements to which the Township is a party, maternity
leave shall be granted for a period of three months, exclusive of
accumulated sick and vacation time, provided that the employee has
worked for the Township for one year prior to commencement of such
leave. Such requests shall be made in writing to the department head
who shall forward same to the Mayor for approval. Such leave shall
be without pay, unless accumulated sick and vacation time is applied
thereto. Time out on maternity leave qualifies as family and medical
leave and will be counted against an employee's twelve-week family/medical
leave entitlement under the New Jersey Family Leave Act and the Federal
Family and Medical Leave Act.
(2)
Leave for personal reasons. A full-time employee may be granted leave
without pay for a period not exceeding one month during a fiscal year
for specific personal reasons or other reasons deemed in the best
interest of the Township when recommended by the department head and
approved by the Business Administrator. Applications for leave without
pay must be submitted in advance in writing to the employee's department
head, showing the employee's reason for requesting such leave, and
must contain a statement that he/she intends to return to the Township
service.
(3)
Leave for court appearance or jury duty. A full-time employee who
is subpoenaed as a witness in a civil or criminal case not involving
him or her in his/her capacity as a Township employee, or an employee
who is called and serves on a jury, may be granted paid leave for
that period of time in which he/she is officially involved with the
court in such capacity or as prescribed by the collective bargaining
agreements to which the Township is a party.
(4)
Leave due to death in immediate family. In the event of a death in
his/her immediate family, except as prescribed by the Collective Bargaining
Agreement to which the Township is a party, each full-time employee
may be granted, upon approval of said employee's department head,
time off with pay, such time not to exceed three days. Upon recommendation
of the department head and approval by the Business Administrator,
a reasonable extension beyond three days may be allowed where circumstances
justify such action. The term "immediate family," as used in this
subsection, includes the employee's father, mother, wife, husband,
brother, sister, son, daughter, mother-in-law, father-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, grandparents and grandchildren.
Consideration for attendance at funerals for other than the immediate
family may be granted upon recommendation by the department head and
approval of the administration.
[Ord. No. 53-2014]
(5)
Training leave. Full-time employees may be granted skill or professional
improvement leave with or without pay for specific courses of study
relating to the work of the Township in which he is employed, or leave
to attend conferences of professional and similar associations. Such
leave may be granted with full or part pay upon recommendation of
the employee's department head and approval by the Business Administrator
in an amount not exceeding one calendar month during any fiscal year.
(6)
Military leave. The Township of Wayne shall provide military leave
to its eligible employees, in accordance with all state and federal
laws.
F.
Reporting absence. Except as otherwise provided for in the collective
bargaining agreements to which the Township is a party, an employee
who is to be absent from duty shall report the reason therefor to
his/her supervisor prior to the start of his/her normal work shift,
and, only in the case of an emergency, call-in shall be no later than
two hours after the start of the work shift. All unauthorized and
unreported absences shall be considered absence without leave, and
deduction of pay shall be made for such period of absence. Absence
without leave for three or more days or part thereof shall be grounds
for immediate dismissal from the Township service.
G.
Leave pursuant to statutory provisions. In any case where the laws
of this state provide for special leave not contemplated in this article,
said laws shall control the amount of leave granted in such instances.
[Ord. No. 53-2014]
Unless set forth by an applicable Collective Bargaining Agreement,
the grievance procedure for those confidential employees not covered
by a Collective Bargaining Agreement shall be as follows:
A.
Step 1: Presentation to Department Head. An employee who has a grievance
and who is not part of a Collective Bargaining Agreement may at the
time the grievance occurs or within 10 working days of the occurrence
notify his/her department head in writing of the grievance. Grievance
not taken within 20 working days shall be conclusively deemed waived.
The department head shall either conclude a mutually satisfactory
solution to the grievance within 10 working days of the time the grievance
was first submitted to him or her or, failing in that, prior to the
end of that time, advise the employee of his/her inability to do so.
When an employee is informed by his/her department head that he/she
is unable to arrange a mutually satisfactory solution to the grievance,
the employee must present such grievance to the Business Administrator
in writing within 20 days of the failure to resolve the grievance,
in the manner set forth below in Step 2.
[Ord. No. 53-2014]
B.
Step 2: Presentation to Business Administrator. The employee shall
prepare the grievance in writing and in duplicate. The grievance should
be stated as completely and as clearly as possible. One copy of the
grievance shall be transmitted immediately to the Business Administrator
and the other copy shall be presented to his/her department head.
The department head shall report in writing the facts and events which
led up to its presentation, including in his/her written report any
verbal answer he/she may have previously given to the employee concerning
this grievance. Within 10 working days after receipt of the written
grievance, the department head must present it with the information
required from him or her to the Business Administrator. The Business
Administrator shall consider and formally act on the grievance.
C.
Employee's record. All papers and documents relating to a grievance
and its disposition shall be placed in the employee's personnel file.
[Ord. No. 53-2014]
A.
Definition; causes for dismissal.
(1)
As used in this section, "dismissal" means removal of an employee
from the service for cause.
(2)
An employee may be dismissed from service for any of the following
enumerated causes, but dismissal shall not be limited to such enumerated
causes:
(a)
The employee is incompetent or inefficient in the performance
of his/her duties.
(b)
The employee has been wantonly careless or negligent in the
performance of duty.
(c)
The employee has been offensive in his/her treatment of public
charges, fellow employees or other persons.
(d)
The employee cannot perform the essential functions of the position
held with or without reasonable accommodations.
(e)
The employee has violated any lawful official regulation or
order or failed to obey any lawful or reasonable directions given
him by his/her superiors when such violation is a serious breach of
discipline.
(g)
The employee has been convicted of a criminal offense.
(h)
The employee through willful conduct has caused damage to public
property or waste of public supplies.
B.
Dismissal recommendation by department head. A department head may
recommend to the Business Administrator that an employee be dismissed
when such action is deemed by said department head to be in the best
interest of the Township service. Such dismissal recommendation shall
be in writing and shall state the reasons therefor.
C.
Dismissal procedure and appeal. Except as otherwise prescribed by
the collective bargaining agreements to which the Township is a party,
any employee who is cited for dismissal by his/her department head
shall be so informed immediately in writing by said department head.
Such written notification shall state the reason for the dismissal.
A probational employee, during his/her six months' probation period,
shall have no right of appeal from dismissal. A permanent employee
shall be informed in the dismissal notice that he/she has the right
to appeal and a request for a review of the dismissal action by the
Mayor. Such request must be in writing and filed first with the Business
Administrator within five calendar days after receipt of such dismissal
notification. The matter shall proceed as set forth in the grievance
procedure. If a permanent employee fails to request a review of the
dismissal action within five days after receipt of notification of
dismissal, the dismissal shall become final without further appeal
by the affected employee.
D.
Definition; effect of suspension. As used in this section, "suspension"
means the temporary removal of an employee from service. A suspended
employee shall not receive pay, nor shall be/she be permitted to use
or accrue any privileges or benefits during the suspension period.
E.
Causes for suspension. An employee may be suspended without pay for
reasons of misconduct, negligence, inefficiency, disloyalty, insubordination,
repeated unauthorized absence or other offenses.
F.
Suspension recommendation by department head. Except as otherwise
prescribed by the collective bargaining agreements to which the Township
is a party, a department head may recommend to the Business Administrator
that an employee be suspended from the service for cause at any time.
Such suspension recommendation shall be brought to the attention of
the employee in writing and shall specify the cause and number of
days the employee should be suspended. If the Business Administrator
approves, suspension shall become effective immediately if the period
does not exceed four workweeks.
A.
Written notice. Except as otherwise prescribed by the collective
bargaining agreements to which the Township is a party, any employee
who wishes to resign from the service in good standing shall give
his/her department head at least four weeks' prior written notice
of his/her resignation, unless the Business Administrator requires
a longer notice or agrees to a shorter notice. Said four weeks' notice
shall be in addition to the employee's entitled accrued vacation and
sick leave time. An employee failing to give at least four weeks'
notice shall, in addition to other penalties, forfeit his/her accrued
vacation time or any type of compensation in lieu of vacation. The
department head shall indicate his/her approval or disapproval of
the employee's resignation notification and forward it to the Business
Administrator, who may reject it or accept the resignation. No resignation
shall become effective until it is recommended for approval by the
employee's department head and approved by the Business Administrator.
[Ord. No. 53-2014]
B.
Without notice. Except as otherwise prescribed by the collective
bargaining agreements to which the Township is a party, any employee
who does not submit his/her resignation in compliance with the provisions
in this article, or whose resignation is not approved by the department
head and the Business Administrator, or who is absent from work for
a period of three or more days without notifying his/her department
head of the reason for his/her absence and of his/her intention to
return to work, may be considered as having resigned without notice
and not in good standing. Any employee who fails to return to his/her
duties within three days after the expiration date of an unauthorized
leave period without notifying his/her department head shall be considered
as having resigned without notice and not in good standing, provided
that the failure to give notice was not caused by unavoidable circumstances.
An employee who leaves service without resignation in good standing
as defined in this article shall have the fact entered in his/her
personal record. If the situation warrants it, he/she may be deprived
of the right to apply for reemployment to service at a future date
and he/she may be denied the privilege of a satisfactory reference
from the officials of the Township.
A.
Prohibited
activities; penalty for violation.
(1)
Except as otherwise permitted by Subsection B of this section, employees shall not engage in any of the following political activities:
(a)
Seek or accept nomination to any Township office other than
Board of Education without first obtaining a leave of absence.
(b)
Use one's official position to influence publicly in any way
for or against any candidate for elective office in the Township government.
(c)
Circulate petitions or publicly campaign on behalf of any candidate
for a Township office, or work at the polls in any municipal, primary
or general election during working hours.
[Ord. No. 53-2014]
(d)
Solicit or receive any subscription or contribution for any Township
political purpose or party during working hours.
[Ord. No. 53-2014]
(2)
Violation of any of the provisions of this subsection shall be deemed
sufficient cause for dismissal from the Township service.
B.
Limitations on scope of prohibited activities.
(1)
Nothing in Subsection A of this section shall be construed to prevent employees from becoming or continuing to be members of any political party, club or organization; attending political meetings; expressing their views in private on political matters outside of working hours and off Township premises; voting with complete freedom in any election.
The Business Administrator shall maintain adequate personnel
records for each employee of the Township. Such records should include
but not be limited to the following: grievances; dates of appointments
and promotions; job titles; salaries; commendations; disciplinary
actions; leave of any type taken and accumulated; merit ratings and
the like. Appropriate forms for reporting such information shall be
developed by the Business Administrator, and the order of filing such
forms within a file shall be uniform.
[Ord. No. 53-2014]
A.
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed
to be eligible for and shall participate in the Defined Contribution
Retirement Program:
B.
Individuals serving in the positions set forth in Subsection A who have been members of the Public Employee Retirement System continuously from July 1, 2007, shall continue membership in the Public Employee Retirement System, notwithstanding the fact that the positions qualify under N.J.S.A. 43:15C-2 as positions eligible to participate in the Defined Contribution Retirement Program.
C.
Individuals serving in the following positions are exempt from Defined
Contribution Retirement Program membership, pursuant to N.J.S.A. 43:15C-2:
D.
This section shall be implemented, construed and subject to the aforesaid
Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1, et seq.) as amended
from time to time, and any regulations or guidance documents from
the Local Finance Board or the Division of Pensions and Benefits.
A.
Legislative declarations and findings. The Township Council finds
and declares that:
(1)
The governing body of the Township of Wayne has a steadfast commitment
of ensuring public trust and providing open government, transparency
and disclosure of business relationships between Township employees
and contractors who perform services or provide goods to the Township;
and
(2)
The governing body of the Township of Wayne recognizes its fiduciary
duty to the taxpayers of the Township of Wayne; and
(3)
Municipalities have the right to establish rules and regulations
for employment with the municipality; and
(4)
In order to ensure the public trust and to provide open government,
the governing body is desirous of requiring all employees of the Township
of Wayne and/or their immediate family members to fully disclose any
direct and/or indirect business relationship with contractors, including
their officers, agents, representatives, employees and/or immediate
family members during the term of their employment with the Township.
B.
BUSINESS RELATIONSHIP
CONTRACT
CONTRACTOR
EMPLOYEE
MEMBER OF THEIR IMMEDIATE FAMILY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An employer-employee relationship, a sharing of profits and
or losses, a direct or indirect pecuniary interest, a shareholder
and/or bond interest and/or any other promise to provide any type
of consideration between the contractor and/or a member of their immediate
family and an employee and or a member of their immediate family.
Any agreement, including but not limited to a purchase order,
voucher or a formal agreement, which is a legally binding relationship
enforceable by law, between a vendor who agrees to provide or perform
goods or services and a contracting unit which agrees to compensate
a vendor, as defined by and subject to the terms and conditions of
the agreement.
The business entity, corporation, partnership, firm, enterprise,
franchise, association, trust, sole proprietorship, union or other
legal entity, or individual, all officers, agents, representatives,
employees, vendors and/or immediate family members of the business
entity which conducts business with the Township.
Any person, whether compensated or not, whether part-time
or full-time, employed by or serving the Township of Wayne.
The spouse, parent or dependent child of an employee residing
in the same household.
C.
Business interest disclosure certification requirements.
(1)
Unless specifically authorized by the Mayor and Business Administrator,
no employee of the Township may have a business relationship with
a contractor who conducts business with the Township.
(2)
All employees as well as elected and appointed officials of the Township
of Wayne shall upon being hired, appointed or elected disclose all
business relationships with contractors on a form to be provided by
the Township and submitted to the Township Clerk. Full disclosure
and submission of the disclosure form is a mandatory requirement,
and the failure to submit the form will result in disciplinary action.
(3)
The certification of disclosure of business interest shall set forth
the following:
(a)
Name of employee.
(b)
Address of employee.
(c)
A statement certifying that as of the date of the certification
and during the term of employment, the employee and members of his/her
immediate family, as defined herein, do not to the best of their knowledge
have a business relationship with a contractor conducting business
with the Township or their immediate family members, as set forth
in the certification and, that all statements contained in said certification
are true and correct, under penalty of perjury and made with full
knowledge that the Township of Wayne will rely upon the statements
as a condition of employment.
(d)
In the event that a business relationship exists, the employee
shall fully disclose the nature of said relationship, the duration
and dates of relationship.
(e)
A statement acknowledging that if any facts contained in the
certification change during the term of employment the employee shall
have an affirmative duty to supplement these certifications and fully
set forth any such changed circumstances within 30 days of such change.
(4)
The existence of a business relationship shall not alone, act to
bar the employee from employment with the Township of Wayne. Identifying
said business relationship is done with the spirit and intent for
transparent and open government in the Township of Wayne.
(5)
Upon receipt of the aforementioned certification, the Mayor and Business
Administrator may provide a waiver to any employee who discloses a
business relationship with a contractor where the Mayor and Business
Administrator, in their sole discretion find that the business relationship
does not rise to the level of a conflict of interest, is sufficiently
isolated from the functions and duties of the employee's employment
and does not have a tendency to affect independence of judgment. Under
no circumstances shall a business relationship of an immediate family
member be deemed to preclude an employee from employment so long as
the affected employee does not violate the State Code of Ethics and
does not fail to disclose the same as per this section.
[Ord. No. 53-2014]
Employees are permitted to accept permanent outside employment,
provided that there is no possibility that such employment will interfere
with an employee's performance or compromise an employee's position
through a conflict of interest. Before accepting such permanent outside
employment, an employee shall advise and obtain prior approval from
his/her department head, in writing, of the place of such employment,
hours of work and such other information as may be established by
said department head.
[Ord. No. 53-2014]
Subject to the approval of the Business Administrator and Mayor,
a department head may establish written regulations affecting the
personnel and internal operations of his/her department; provided,
however, that such departmental regulations shall not conflict with
any of the provisions of this chapter, Collective Bargaining Agreement
and/or Township Handbook.
[Ord. No. 53-2014]
All elected officials, all members of the Board of Adjustment, Planning Board, Economic Development Commission, Construction Board of Appeals and Environmental Commission as provided in Article XIX hereof and all department and division heads shall file, within two weeks after this section becomes law, with the Township Clerk, an affidavit, in writing, in a form to be predicated by resolution of the Township Council, which shall be available to the public, setting forth all real property within the Township, referred to by lot and block as set forth on the Official Township Tax Assessment Map, in which such person or the members of his or her immediate family possess an interest, or interest in any corporation, partnership, trade name, firm or other entity which possesses an interest in real property within the Township, and within two weeks after acquiring such an interest during the ensuing years, file a supplemental affidavit indicating such subsequent acquisition.
If any person in the above-mentioned groups is required to complete
a financial disclosure statement in accordance with N.J.S.A. 40A:9-22.1
et seq., they will be exempt from completing the disclosure required
in this section.
[Ord. No. 53-2014]
A.
Members of all boards, committees and commissions of the Township
of Wayne appointed by the Mayor alone, by the Mayor with the consent
of the Council or by the Council alone shall serve for the length
of their terms or until their successors are appointed or appointed
and confirmed, as the case may be, whichever is later. This paragraph
shall not apply to those boards or commissions created by state statute
where the statutory provisions are contrary to this paragraph.
B.
Pursuant to the authority provided by N.J.S.A. 40A:9-12.1, the Township
Council declares that in the case of a member of a board, committee,
commission, authority or other agency, whenever the member, without
being excused by a majority of the authorized members of such body,
fails to attend and participate at meetings of such body for a period
of 6 consecutive weeks, or for 3 consecutive regular meetings, whichever
shall be of long duration, at the conclusion of such period, provided
that such body shall notify the appointing authority in writing of
such determination; provided, further, that such board, committee,
commission, authority or other agency may refuse to excuse only with
respect to those failures to attend and participate which are not
due to legitimate illness.
[Ord. No. 53-2014]
A.
This section shall apply to all elected or appointed officials, employees,
employees of any board, commission, department, division, committee
or agency, whether paid or unpaid, full-time or part-time, whether
created by the governing body of the Township of Wayne or appointed
by any of its officials or administrators;
B.
No person to whom this section is applicable shall, in the course
of his or her employment or in connection with such work or employment,
in any calendar year, accept, take or receive a gift or gifts or other
thing of value from a Township vendor and/or a potential vendor, including
meals and the like, of a total cumulative value in excess of $25;
C.
The aforementioned prohibitions shall not apply to the acceptance
or exchange of gifts between persons to whom this section is applicable.
D.
For the purposes of this section, a discount on the purchase of services
or products which is extended to all municipal employees, with advanced
written notice to the Administration, shall not be considered to be
a gift, even if its cumulative discount exceeds $25 in any given calendar
year.
E.
For the purposes of this section, a campaign contribution and/or
donation, in kind or otherwise, made to an official election or reelection
campaign, committee and/or account of a municipal official or employee
shall not constitute a gift.
[Ord. No. 22-2014]
A.
All employees who receive compensation from the Township of Wayne
are mandated to have direct deposit of their compensation as of July
1, 2014 in accordance with N.J.S.A. 52:14-15f(b).
B.
Seasonal and temporary employees who are employed by the Township
of Wayne are exempt from the direct deposit mandate in accordance
with N.J.S.A. 52:14-15f(b).
