Township of Upper, NJ
Cape May County
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Table of Contents
Table of Contents
[Ord. #107, § 1; 1972 Code § 2-8.1]
In those cases where a maximum and minimum salary are established for a position the salary to be paid to the holder of such position shall be determined by resolution of the Township Committee.
[Ord. #107, § 2; 1972 Code § 2-8.2; amended 11-12-2019 by Ord. No. 017-2019]
The Township Committee shall enter into the necessary contracts to provide hospitalization and medical insurance for employees in accordance with current policy, collective bargaining agreements and federal and state laws.
[Ord. #106, § 1; 1972 Code § 2-8.3]
The following shall be recognized as paid holidays for the employees of the Township:
a. 
New Year's Day.
b. 
Martin Luther King's Birthday.
[Amended 11-12-2019 by Ord. No. 017-2019]
c. 
President's Day.
[Amended 11-12-2019 by Ord. No. 017-2019]
d. 
Good Friday.
e. 
Memorial Day.
f. 
Fourth of July.
g. 
Labor Day.
h. 
Columbus Day.
i. 
Veteran's Day.[1]
[1]
Editor's Note: Former Subsection i, General Election Day, was repealed 11-12-2019 by Ord. No. 017-2019. This ordinance also redesignated former subsections j through m as Subsections i through l.
j. 
Thanksgiving Day.
k. 
Friday after Thanksgiving.
l. 
Christmas Day.
[Ord. #8-1984, § 1]
Pursuant to N.J.S.A. 40A:9-1.4, the Township hereby limits the eligibility of applicants for positions and employments in the classified service of the Township to residents of the Township. A resident for the purpose of this section shall be defined as a person having a permanent domicile within the Township and one which has not been adopted with the intention of again taking up or claiming a previous residence acquired outside of the boundaries of the Township.
[Ord. #8-1984, § 2]
All nonresidents subsequently appointed to positions or employments shall become bona fide residents of the Township within one year of their appointment, except as otherwise provided in subsections 5-4.3, 5-4.4 and 5-4.6. It shall be the duty of the hiring authority to insure that all such employees hired remain bona fide residents of the Township. Failure of any such employee to maintain residency in the Township shall be cause for removal or discharge from service. The procedure set forth in N.J.S.A. 40:9-1.5 shall govern.
[Ord. #8-1984, § 3]
a. 
Whenever the appointing authority shall determine that there cannot be recruited a sufficient number of qualified residents for available specific positions or employments, the Township shall advertise for other qualified applicants. In such case, the hiring authority shall thereupon classify all qualified applicants for such positions or employments in the following manner:
1. 
Other residents of Cape May County;
2. 
Other residents of Cumberland and Atlantic Counties;
3. 
Other residents of New Jersey;
4. 
All other applicants.
b. 
The hiring authority shall first appoint all those in Class 1 and then those in each succeeding Class in the order above listed and shall appoint a person or persons in any such Class only to a position or positions, or employment or employments, remaining after all qualified applicants in the preceding Class or Classes have been appointed or have declined an offer of appointment.
c. 
The preference herein established shall in no way diminish, reduce or affect the preferences granted pursuant to any provision of law.
d. 
Any officers and employees hired pursuant hereto, who are not residents of the Township, shall, as a condition of their continued employment, become bona fide residents of the Township within such reasonable period of time as is specified at the time of employment.
[Ord. #8-1984, § 4]
Whenever the hiring authority of the Township shall determine that there are certain specific positions and employments requiring special talents or skills which are necessary for the operations of the Township and which are not likely to be found among the residents of the Township, such positions or employments shall be filled without reference to residency. The hiring authority shall determine, and set forth in writing, the formal criteria for such positions and employments at the time of determination of the need to fill such positions or employments, giving due regard to experience, qualifications, formal training, proximity to the Township, availability, specialization, and similar matters directly related to the specific positions and employments involved.
[Ord. #8-1984, § 5]
Preference in promotion to positions and employments in the classified service of the Township shall be given to officers and employees who are bona fide residents of the Township. When promotions are based on merit, the Borough shall employ, inter alia, ratings received by the officers and employees as set forth through the Township's performance evaluation system, if any, as an objective criteria of merit. In such cases of merit promotions, a resident of the Township shall be given preference over a nonresident in any instance where the other criteria are equal.
No preference herein granted shall in any way diminish, reduce or affect the preference granted pursuant to any provision of law.
[Ord. #8-1984, § 6]
Notwithstanding anything contained in this section to the contrary, this section shall not be applicable to officers, employees or positions of the Township who, or which, are (a) in the unclassified civil service, (b) are employed pursuant to professional service contracts authorized by resolution or ordinance, or (c) are employed to perform extraordinary, unspecifiable services as defined by the Local Public Contracts Law pursuant to contracts authorized by resolution. Without in any way intending to limit the foregoing, this section shall not apply to the positions of Municipal Judge, Municipal Prosecutor, Solicitor, Engineer, Township Auditor, Municipal Planner, Solicitor for the Zoning Board of Adjustment or Solicitor for the Planning Board.
[Ord. #8-1984, § 7]
A certified copy of this section shall be forwarded to the New Jersey Civil Service Commission by the Township Clerk.
[Ord. #5-1985, § 1; Ord. #4-1992, § 1]
The Township is hereby authorized to employ a suitable number of persons in the capacity of Emergency Medical Technician, on either a full-time or part-time or seasonal basis. Such employees shall be assigned exclusively to work with the Upper Township Rescue Squad.
[Ord. #5-1985, § 2]
The employees hired pursuant to this section shall perform such duties as determined by the Township Committee as the governing body of the Township provided, however, that such employees shall function under the direction of the Chief of the Township Rescue Squad, or his designee.
[Ord. #5-1985, § 3]
The employees hired by the Township pursuant to this section shall have all of the training requirements required by law of the State of New Jersey and shall have such training and certifications as required by law.
[Ord. #5-1985, § 4; New]
The employees hired shall be permanent employees within the classified service of the New Jersey Department of Civil Service and shall meet the residency requirements as contained in § 5-4 of this chapter.
[Ord. #1-1985, §§ 1 — 3; Ord. #18-1985, §§ 1 and 2; Ord. #11-1991, § 1; Ord. #9-1996, § 1; Ord. #009-2008, § 1; Ord. #007-2010 § 2; Ord. #012-2013 § 1; Ord. #006-2015 § 1; Ord. No. 015-2016; Ord. No. 015-2017]
a. 
The following positions are created within the Township with the appointments to be made by the Township Committee from among the members thereof for a term of one year and until the appointment and qualification of a successor:
Mayor
Deputy Mayor
Director(s) of Revenue and Finance
Director(s) of Public Works
Director(s) of Public Buildings and Grounds
Director(s) of Public Health and Welfare
Director(s) of Sports and Recreational Programs
b. 
The following positions shall exist within the Township and the appointment to such position shall be made by the Township Committee:
Township Administrator
Township Clerk
Township Tax Collector
Township Tax Assessor
Chief Financial Officer
Municipal Finance Officer
Assistant Finance Officer
Purchasing Agent
Township Emergency Management Coordinator
Fire Subcode Official
Assistant Safety Coordinator
c. 
The following positions are hereby created in the Township. The appointments shall be made by resolution of the Township Committee and the person so appointed shall have all of the qualifications required by law and shall be appointed for the term prescribed by law:
Municipal Judge
Municipal Attorney
Municipal Auditor
Township Engineer
Municipal Prosecutor
Municipal Public Defender
[Ord. #1-1985, § 4; Ord. #18-1986, §§ 1 and 2; Ord. #23-1987; Ord. #6-1989, § 1; Ord. #11-1991, § 1; Ord. #15-1991, § 1; Ord. #4-1992, § 1; Ord. #7-1993, § 1; Ord. #9-1996, § 1; Ord. #11-2000, § 1; Ord. #007-2006, § 1; Ord. #018-2007, § 1; Ord. #004-2008, § 1; Ord. #016-2008, § 1; Ord. #021-2009, § 1; Ord. #007-2010, § 3; Ord. #012-2013 § 2; Ord. #006-2015 § 2; Ord. #004-2016 § 1; Ord. No. 005-2017; Ord. No. 009-2017; Ord. No. 015-2017; amended 4-29-2019 by Ord. No. 005-2019; 9-23-2019 by Ord. No. 013-2019; 11-12-2019 by Ord. No. 017-2019]
The following positions, which are classified by Civil Service, are hereby created in the Township. The appointments to such positions shall be made by resolution of the Township Committee in accordance with the Rules and Regulations promulgated by the New Jersey Department of Civil Service:
Municipal Court Administrator and Violations Clerk
Deputy Township Clerk
Deputy Tax Collector
Deputy Tax Assessor
Deputy Violations Clerk
Mechanic
Equipment Operator
Truck Driver
Maintenance Repairer
Senior Carpenter
Carpenter
Building Maintenance Worker
Emergency Medical Technician
Mechanic's Helper
Assistant Purchasing Agent
Supervising Equipment Operator
Chief Emergency Medical Technician
Senior Emergency Medical Technician
Senior Sanitation Inspector
Supervising Maintenance Repairer
Deputy Chief Emergency Medical Technician
Supervising Emergency Technician — Full Time
Supervising Emergency Technician — Part-Time
Carpenter's Helper
Recreation Aid, Part-time
Recreational Program Coordinator
Keyboarding Clerk 1
Keyboarding Clerk 2
Senior Mechanic
Laborer 1
Recycling Laborer
Supervising Carpenter
Maintenance Worker 1, Grounds
Maintenance Worker 2, Grounds
Maintenance Worker 3, Grounds
Sanitation Inspector
Recreation Aide
Maintenance Supervisor, Grounds
Deputy Municipal Court Administrator
General Supervisor Public Works
Supervisor Sanitation
Construction Official
Plumbing Subcode Official
Building Subcode Official
Fire Protection Subcode Official
Electrical Subcode Official
Fire Prevention Specialist
Plumbing Inspector
Electrical Inspector
Fire Protection Inspector
Truck Driver, Heavy
Supervising Mechanic
Public Works Superintendent
Assistant Public Works Superintendent
Senior Maintenance Repairer
Personnel Officer
Recreation Leader
Technical Assistant to Construction Official
[Ord. #1-1985, § 5; Ord. #11-1991, § 1; Ord. #018-2007, § 2; Ord. #016-2008, § 2; Ord. #012-2013 § 3; Ord. #006-2015 § 3; amended 4-29-2019 by Ord. No. 005-2019]
The following unclassified positions are hereby created in the Township. The appointments shall be made by resolution of the Township Committee and the person so appointed shall have all of the qualifications required by law and shall be appointed for the term prescribed by law, ordinance or resolution:
Public Relations Director
Secretary Zoning Board of Adjustment
Secretary Planning Board
Special Officers
Registrar of Vital Statistics
Deputy Registrar of Vital Statistics
Animal Control Officer
Zoning Officer
Code Enforcement Officer(s)
Housing Officer, also known as Housing Inspector
Municipal Housing Liaison
Alternate Deputy Registrar of Vital Statistics
Deputy Zoning Officer
Coordinator 911 Emergency Response, RTK
Deputy Right to Know
Deputy Director Emergency Management (P/T)
Assistant Emergency Management (P/T)
Recycling Program Aide
Superintendent of Public Works
[Ord. #1-1985, § 6; Ord. #007-2010, § 4; Ord. #012-2013 § 4; Ord. #006-2015 § 4; amended 2-10-2020 by Ord. No. 001-2020]
The following positions are hereby created within the Township and shall be deemed seasonal appointments:
Beach Inspector
Life Guard Captain
Life Guard Lieutenant
Life Guard
Boat Ramp Attendant
School Traffic Guard
Beach Sweeper
Senior Lifeguard
[Ord. #1-1985, § 7; Ord. #3-1985, § 1; Ord. #020-2007, § 1; Ord. #006-2015 § 5; Ord. #004-2016 § 2; amended 9-23-2019 by Ord. No. 013-2019; 2-10-2020 by Ord. No. 001-2020]
The following positions are created in the Township, and the appointments to such positions shall be made by resolution of the Township Committee, provided, however, that the person appointed to such position and who shall exercise the duties of such office shall be the holder of some other office, position or employment within the Township:
Official to Certify Municipal Improvements
Purchasing Agent
Assistant Personnel Officer
Public Agency Compliance Officer
Secretary Board of Health
Tax Search Officer
Claims Coordinator/Fund Commissioner
Safety Coordinator
Computer Director
Floodplain Manager
Stormwater Program Coordinator
Air Quality Control Officer
Emergency Information Officer
Secretary Sports & Recreation Advisory Board
Asst. Recycling Coordinator
Recycling Coordinator
Data Information Coordinator
Playground Safety Inspector
Passport Acceptance Agent
Wellness Coordinator
[Ord. #1-1985, § 8]
The offices or positions created pursuant to this section shall be in addition to those offices created or mandated by State statute and the failure to include in this section any reference to such office or position shall not be construed in any way as affecting such position or the exercise of the powers and duties of such office by the incumbent thereof. Included in this category and by way of illustration would be the Zoning Board of Adjustment, the Planning Board, Recreation Committee, Director of Welfare and Public Assistance, Public Assistance Board, Board of Health and other similar boards and commissions.
[Ord. #11-1991, § 1]
The Township of Upper is authorized to appoint one or more Code Enforcement Officers. It shall be the duty of the Code Enforcement Officer to enforce all ordinances, codes, laws, rules and regulations of the Township, except where the enforcement of a particular ordinance or law is restricted to a specific enforcement official or agency.
[Ord. #5-1988, § I]
As used in this section:
OFFICIAL, OFFICER AND EMPLOYEE
Shall mean any person elected or appointed to any public office, agency or body of the Township or employed or retained by the Township for any office, agency or body thereof, whether such person serves in a paid or unpaid capacity.
[Ord. #5-1988, § II]
Whenever an official, officer or employee of the Township is a defendant in any action or legal proceeding arising out of or incidental to the performance of his duties, the governing body shall provide the official, officer or employee with the necessary defense or, at his option, means for defense of such action or proceeding and shall also hold such official, officer or employee harmless from the payment, settlement or judgment resulting from the proceedings, except in the following instances:
a. 
Where the action has been brought by the Township itself against the official, officer or employee or in a criminal proceeding instituted as a result of a complaint on behalf of the Township.
b. 
Where the official, officer or employee has been specifically found by the trier of facts in proceedings, civil or criminal, to have acted with actual fraud, actual malice or willful misconduct.
c. 
Where the official, officer or employee is found to have acted in violation of the Township ordinances, rules or regulations.
d. 
Where the legal proceeding involves a proceeding concerning the election laws.
[Ord. #5-1988, § III]
The Township Committee may refuse to provide for the defense and indemnification referred to in Subsection 5-7.2 if it determines that:
a. 
The act or omission was not within the scope of the person's employment or official duties.
b. 
The act, or the failure to act, was because of actual fraud, willful misconduct or actual malice.
c. 
The defense of the action or proceedings by the Township would create a conflict of interest between the Township and the official, officer or employee.
[Ord. #5-1988, § IV]
An official, officer or employee requesting defense of any action or claiming indemnification under this section shall cooperate fully and in good faith with the Township and with any attorneys, adjustors, investigators, experts or technical personnel engaged for purposes of defense in the preparation and presentation of the defense to such action or the settlement or other disposition thereof. If such official, officer or employee shall neglect, fail or refuse to cooperate as aforesaid, the Township Committee, after hearing on 10 days' written notice to the official, officer or employee and for cause, may declare all rights created under this section for the benefit of such official, officer or employee to be forfeited and terminated. Any such vote shall be by majority vote of the full membership of the Township Committee.
Whenever the Township provides the defense of an official, officer or employee pursuant to this section, the Township may assume exclusive control of the representation of such official, officer or employee.
[Ord. #5-1988, § V; Ord. #21-1988, § 1]
Nothing in this section shall be deemed to authorize the Township to pay for damages resulting from the commission of a crime or for exemplary or punitive damages, provided that the Township may indemnify an employee for exemplary or punitive damages resulting from the employee's civil violation of State or Federal law if, in the opinion of the governing body of the Township, the acts committed by the employee upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct or an intentional wrong.
[Ord. #5-1988, § VI]
An official, officer or employee shall not be entitled to indemnification or the cost of defense under this section unless within 10 days of the time such official, officer or employee is served with any summons, order to show cause, complaint, process, notice, demand or pleadings, he delivers the same, or a certified copy, to the Township Clerk. Upon receipt of same, the Township Clerk shall notify all members of Township Committee, the Business Administrator and the Township Solicitor of the receipt of same. The aforesaid time period for receipt of notice of suite may be extended, for cause, by the affirmative vote of a majority of the full membership of Township Committee.
[Ord. #5-1988, § VII]
In the event that this section conflicts with any existing negotiated contracts between the Township and its employees, the terms of the contract applying to the respective employee shall govern.
[Ord. #5-1988, § VIII]
This section shall apply to any matter herein covered whether or not same is alleged to have occurred before or after the effective date of this section.
[Ord. #5-1988, § IX]
The amount the Township is obliged to reimburse the municipal official, officer or employee shall be reduced by any insurance coverage payable to such individual or to the Township for expenses of suit.
[Ord. #5-1988, § X]
The municipal official, officer or employee shall be obliged to cooperate with the Township in the conduct of the defense. Whenever competent and disinterested legal counsel is available to the Township through any insurance coverage, the municipal official, officer or employee shall be obliged to be represented by that attorney unless there be a conflict of interest as certified by the attorney, the presiding Judge of the Court in which the matter is pending or the Advisory Committee of Professional Ethics of the New Jersey Supreme Court. The refusal of the municipal official, officer or employee to cooperate with the Township shall terminate the Township's obligation to reimburse the municipal official, officer or employee.
[Ord. #5-1988, § XI]
If the legal proceeding is terminated by settlement among the parties, then the Township shall not be obligated to reimburse the municipal official, officer or employee unless the Township approves the settlement agreement.
[Ord. #5-1988, § XII]
If the municipal officials, officer or employee files a counterclaim in the legal proceedings, the Township shall not be obligated to reimburse the official, officer or employee for any attorney's fees or Court costs attributable to the prosecuting of the counterclaim, provided, however, the Township may reimburse a municipal official, officer or employee for a portion of reasonable expenses incurred in connection with the proceedings, prior to a final decision provided, however, that the Township gives prior approval to the undertaking of the expenses.
[Ord. #5-1988, § XIII]
Notwithstanding any contractual provisions, to the extent that the Revised Statutes of the State of New Jersey provide broader indemnification to members of the Township Volunteer Fire Department, such statutes, wherever applicable, shall supersede this section.
[Ord. #4-1991, § 2]
The Township Committee is hereby authorized to appoint one or more suitable individuals to the position of Code Enforcement Official within the Township. The person or persons so appointed shall serve in either a full-time or part-time capacity, as may be determined by the Township Committee.
[Ord. #4-1991, § 2]
The Code Enforcement Official shall be charged with the duty and responsibility of enforcing all ordinances of the Township except for those ordinances where the enforcement is restricted to law enforcement officers possessing police powers and except where the enforcement of a particular law or ordinance is reserved to a specified official or where the enforcement requires a specific license to be issued by the State of New Jersey or any Department or Agency thereof. Except for the limitations contained in this section, whenever an ordinance of the Township designates a specific enforcement official or agency, such ordinance or ordinances are hereby deemed amended to include the Code Enforcement Official as an enforcement agency or enforcement official with respect to any and all such ordinances. In the enforcement of such ordinance or ordinances, the Code Enforcement Official shall have concurrent jurisdiction with the enforcement officials or enforcement agencies specified in any and all such ordinances and the enactment of this ordinance is not intended and shall not be construed as removing or depriving any such enforcement official or enforcing agency of jurisdiction to enforce such ordinance.
[Ord. #4-1991, § 2]
Before assuming duty, any Code Enforcement Official shall first take the oath of office prescribed for officials in the State of New Jersey and a copy of said oath shall be filed of record in the office of the Township Clerk.
[Ord. #4-1991, § 2]
Compensation shall be determined by the Salary Ordinance of the Township of Upper as the same may, from time to time, be amended and supplemented.
[Ord. #4-1991, § 2]
A Code Enforcement Official shall receive such training in the performance of his duties as may, from time to time, be required by law.
[Ord. #1-1995, § 1]
The Township is opposed to sexual harassment of any kind or to the creation of an intimidating, hostile, or offensive working environment.
[Ord. #1-1995, § 1]
The Township Committee is hereby authorized to approve, by resolution, a specific policy and procedure concerning sexual harassment. That policy may be amended and revised as circumstances require. The policy, once approved by resolution of the Township Committee, shall remain in full force and effect thereafter until rescinded or modified by resolution.
[Ord. #1-1995, § 1]
Any employee, supervisor, department head, officer or official of the Township of Upper who violates such policy shall be subject to appropriate disciplinary action as set 40 in said policy, which may include written warning, suspension, demotion, fine or termination (dismissal). Any disciplinary action taken against an employee in the classified service shall be in accordance with the rules and regulations of the New Jersey Department of Personnel.
[Ord. #1-1995, § 1]
It is the policy of the Township of Upper to maintain an alcohol and drug-free workplace. The Township of Upper regards the unlawful manufacture, distribution, possession or use of a controlled dangerous substance by an employee as a breach of good conduct and, as such, it is expressly prohibited in the Township workplace. In addition, the Township considers the consumption of alcohol or being under the influence of alcohol in the Township workplace by any employee to be a breach of good conduct and, likewise, prohibited.
[Ord. #1-1995, § 1]
The Township Committee is hereby authorized to approve, by resolution, a specific policy and procedure concerning an alcohol and drug-free workplace. The policy may be amended and revised as circumstances require. The policy, once approved by resolution of the Township Committee, shall remain in full force and effect thereafter until rescinded or modified by resolution.
[Ord. #1-1995, § 1]
Any employee, supervisor, department head, officer or official of the Township of Upper who violates such policy shall be subject to appropriate disciplinary action as provided in said policy, which may include written warning, suspension, demotion, fine or termination (dismissal). Any disciplinary action taken against an employee in the classified service shall be in accordance with the rules and regulations of the New Jersey Department of Personnel.
[Ord. #9-1995, § 1]
The Township Committee hereby adopts an Employee Handbook as an official publication of the Township of Upper. Three copies of said handbook are on file in the office of the Township Clerk and are available for public inspection.
[Ord. #9-1995, § 1]
The Employee Handbook is not intended as, nor shall it be construed as, a contract, either express or implied, between the Township and any of its employees. Whenever there is a conflict between the provisions of the Employee Handbook and State law, including the rules and regulations of the Department of Personnel or the decisions of the Merit System Board or other State agencies or departments or the ordinances of the Township or the provisions of any collective bargaining agreement, it is understood that the provisions of State law, Township ordinance or collective bargaining agreement shall take precedence over anything contained in the Employee Handbook.
[Ord. #1-1995, § 1]
The Township Committee is hereby authorized to amend and supplement the Employee Handbook from time to time and whenever it is deemed necessary to do so. Such amendment shall be authorized by resolution of the Township Committee. Such amendment shall be effective as of the date established in such resolution.
[Ord. #017-2009 § 1]
Pursuant to N.J.S. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:
a. 
Solicitor.
b. 
Municipal Prosecutor.
c. 
Municipal Court Judge.
d. 
Elected Officials elected to new positions on or after July 1, 2007.
[Ord. #017-2009 § 1]
Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership pursuant to N.J.S. 43:15C-2:
a. 
Tax Collector.
b. 
Chief Financial Officer.
c. 
Construction Code Official.
d. 
Qualified Purchasing Agent.
e. 
Tax Assessor.
f. 
Registered Municipal Clerk.
g. 
Licensed Uniform Subcode Inspector.
h. 
Principal Public Works Manager.
[Ord. #017-2009 § 1]
If an individual is appointed to one of the positions listed in Subsection 5-13.1 and the individual is not serving in a position as described in Subsection 5-13.2 above, the Pension Certifying Officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual (1) was an active participant in the Public Employee Retirement System on July 1, 2007 and continuously since that time; or (2) has been appointed pursuant to a valid promotional process; or (3) is appointed on a temporary, interim, or "acting" basis to a position requiring State Certification as set forth in Subsection 5-13.2 herein, and is in pursuit of the required certification; or (4) meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.
[Ord. #017-2009 § 1]
This section shall be implemented, construed and subject to the aforesaid Chapter 92 of the Laws of 2007 (N.J.S. 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.
[Ord. #9-1996, § 1]
In the event that any section, subsection, paragraph, sentence or other part of this chapter is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter, but shall be confined in its effects to the section, subsection, paragraph, sentence or other part of this chapter directly involved in the controversy in which said judgment shall have been rendered and all other provisions of this chapter shall remain in full force and effect.