[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:
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]
k. Friday
after Thanksgiving.
[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;
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; 11-22-2021 by Ord. No. 015-2021; 6-13-2022 by Ord. No. 014-2022]
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
Laborer, Part-Time
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
Assistant Zoning Officer
Code Enforcement Officer
Zoning Officer
[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; 11-22-2021 by Ord. No. 015-2021]
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
Housing Officer, also known as Housing Inspector
Municipal Housing Liaison
Alternate Deputy Registrar of Vital Statistics
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; 6-13-2022 by Ord. No. 014-2022]
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
Laborer, Seasonal
[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:
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:
c. Construction Code Official.
d. Qualified Purchasing Agent.
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.
[Added 5-22-2023 by Ord. No. 010-2023]
a. All permanent employees and elected public officials who receive compensation from the Township of Upper are mandated to have direct deposit of their net pay effective June 1, 2023, in accordance with Chapter
28, P.L. 2013.
b. “Net
pay” shall include weekly pay and other forms of payment, including,
but not limited to, retroactivity of wages, clothing and uniform allowances,
health benefit buyouts, compensatory time buyouts and final payments
to employees separating employment, etc.
c. Seasonal
and temporary employees who are employed by the Township of Upper
may be exempt from the direct deposit mandate set forth herein, upon
their request for said exemption to the Township of Upper Administrator.
Such requests shall be made in writing and will be presented to the
Township Committee within 30 days of said request. The Township Committee
may grant such an exemption by resolution and only for good cause.
[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.