Township of Fairfield, NJ
Essex County
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Table of Contents
Table of Contents
[1]
Editor's Note: The Code of Ethics is contained in Chapter 1, Article XVII
[1969 Code § 48-1; Ord. No. 759]
It is the intent of this section to establish personnel policies and procedures 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 all employees without handicapping or curtailing the responsible administrative officers.
[1969 Code § 48-2; Ord. No. 759]
Pursuant to the aforestated intent, the Mayor and Council is authorized to adopt a Personnel Policy and Procedure Manual and hereby adopts same by this section.
[1969 Code § 48-3; Ord. No. 759]
One copy of the Manual has been placed on file with the Township Clerk and shall be available for inspection during regular business hours by any person.
[1969 Code § 48-4; Ord. No. 759]
All personnel policies and procedures shall be conducted in a manner consistent with the Manual, except that, upon recommendation of the Administrator, the Mayor may adopt policies and procedures, in his discretion, adverse to that set forth in the Manual for a period of time until the next regular Council meeting wherein action can legally be taken on the subject matter.
[1969 Code § 48-5; Ord. No. 759]
The policies and procedures adopted may be amended in the discretion of the Mayor and Council upon recommendation by the Administrator by resolution duly enacted at a public meeting in accordance with law.
[1969 Code § 48-6; Ord. No. 759]
No person or employee shall have any vested rights in the Policy and Procedure Manual hereby adopted, and the policies and procedures may be amended, changed, voided or repealed at the sole and unreviewable discretion and pleasure of the Mayor and Council, provided that a resolution to such effect is duly enacted according to law.
[1969 Code § 21A-1; Ord. No. 772]
It is the intent and purpose of this section to provide for the defense of actions against, and the indemnification of, public employees as permitted by N.J.S.A. 59:10-1 et seq.
[1969 Code § 21A-2; Ord. No. 772]
As used in this section:
EMPLOYEE
Shall mean any elected or appointed official or any officer, employee or servant, whether or not compensated or part-time, who is authorized to perform any act or service; provided, however, that the term does not include any independent contractor.
PUBLIC EMPLOYEE
Shall mean any employee or former employee of the Township.
[1969 Code § 21A-3; Ord. No. 772]
The Township shall provide for the defense of any action brought against a public employee on account of any act or omission in the scope of his employment, and this obligation shall extend to any cross section, counterclaim or cross complaint against such employee.
[1969 Code § 21A-4; Ord. No. 772]
The provisions of subsection 9-2.3 shall not be applicable when the Mayor and Council determine that:
a. 
The act or omission was not within the scope of employment;
b. 
The act or failure to act was because of actual fraud, willful misconduct or actual malice;
c. 
The defense of the action or proceeding would create a conflict of interest between the Township and the public employee;
d. 
The defense of the action or proceeding is provided for by an insurance policy or policies, whether obtained by the Township or by any other person;
e. 
The public employee failed to deliver to the Township Mayor and Council, within 10 calendar days after the time he is served with any summons, complaint, process, notice, demand or pleading, the original or a copy of the same; or
f. 
The public employee has failed to cooperate fully with the defense.
[1969 Code § 21A-5; Ord. No. 772]
The Township may provide any defense required of it under this section through an attorney from its own staff or by employing other counsel. The Township shall in no event be responsible for costs or attorney's fees incurred by anyone unless it shall have agreed in writing to the terms of the representation.
[1969 Code § 21A-6; Ord. No. 772]
Whenever the Township provides any defense required of it under this chapter, the Township, through counsel, may assume exclusive control over the representation of the public employee, and such employee shall cooperate fully with the defense.
[1969 Code § 21A-7; Ord. No. 772]
a. 
In any case where the Township is required to provide a defense under this section, the Township shall pay or shall reimburse the public employee for the following:
1. 
Any bona fide settlement agreements entered into by the Township on behalf of the employee.
2. 
Any judgments entered against the employee.
3. 
If the Township has filed, after reasonable notice, to provide such required defense, all costs of defending the action, including reasonable counsel fees and expenses, together with costs of any appeal.
b. 
In addition, in any case where the Township would be required to provide a defense under this section, except for the fact that such defense is provided for by insurance, the Township shall provide indemnification as aforesaid, but only to the extent not covered by insurance.
c. 
Nothing in this section shall authorize the Township to pay for punitive or exemplary damages or damages resulting from the commission of a crime.
[Ord. No. 94-11]
The Township prohibits the unlawful manufacture, distribution, dispensing, possession or use of any controlled dangerous substance by any person in any public buildings, on public grounds, or during any activity or event sponsored by the Township.
[Ord. No. 94-11]
Every employee of this Township must, as a condition of employment, agree to be bound by this policy. An employee who violates the prohibitions or reporting requirements of this policy will be subject to discipline, which may include dismissal, or certification of tenure charges, as appropriate. An employee whose involvement with drugs results in a conviction for a crime of the third degree or above or for an offense touching his or her position will be deemed to have forfeited his or her public employment, pursuant to N.J.S.A. 2C:51-2.
[Ord. No. 94-11]
An employee who is convicted of a drug-related offense must report the conviction to the Township within five days of its occurrence. The Township will, within 10 days of the date on which notice of the conviction is received, report any such conviction resulting from drug use in the workplace to any Federal agency from which the district has received funds through a grant.
[Ord. No. 94-11]
The Township shall take one of the following actions, within 30 calendar days of receiving notice under subsection 9-3.3 above, with respect to any employee who is so convicted:
a. 
Taking appropriate personnel action against such an employee, up to and including termination; or
b. 
Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcements, or other appropriate agency.
[Ord. No. 94-11]
The Mayor and Council directs the Drug-Free Workplace Coordinator to establish and maintain a program to:
a. 
Alert employees as to the dangers of drug abuse in the workplace;
b. 
Inform employees of the prohibitions against drugs set forth in this policy;
c. 
Inform employees of available drug counseling, rehabilitation, and assistance programs; and
d. 
Warn employees of the penalties that may be imposed for violations of prohibitions set forth in this policy.
[Ord. No. 94-11]
The Township will report to law enforcement officials and prosecute as appropriate any employee or visitor who violates the prohibitions of this policy.
[Ord. No. 94-11]
This policy will be distributed to each employee, including all those engaged in the performance of services under a Federal grant, and will be prominently posted in the Township Municipal Building.
[Ord. No. 2014-08 § 1]
All full-time employees and elected public officials who receive compensation from the Township of Fairfield are mandated to have direct deposit of their compensation as of July 16th, 2014, in accordance with Chapter 28 P.L. 2013, as defined under c.52:14-15f(b).
[Ord. No. 2014-08 § 2]
Seasonal and temporary employees who are employed by the Township of Fairfield are exempt from the direct deposit mandate.
[Ord. No. 2014-08 § 3]
Municipal employees may request, in writing, an exemption from the direct deposit mandate to the Township of Fairfield municipal Clerk Township Administrator. Such requests will be presented to the Mayor and Council within 30 days. The Mayor and Council may grant such an exemption by resolution and only for good cause.