Borough of Roselle Park, NJ
Union County
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Table of Contents
Table of Contents
[1980 Code § 47-1; Ord. No. 2446-2016]
As used in this chapter:
CLERICAL EMPLOYEE
Shall mean as defined in the current collective bargaining agreement in effect between the Borough and the Roselle Park Clerical Group.
DEPARTMENT HEAD
Shall mean any full-time employee who at the date of retirement held any one (1) of the following positions: Borough Clerk, Collector/Treasurer/Chief Financial Officer, Chief of Police, Casano Center Director and Superintendent of Public Works.
DPW EMPLOYEE
Shall mean as defined in the current collective bargaining agreement in effect between the Borough and the Department of Public Works.
FAMILY
Shall mean the spouse of the employee and all children of the employee eighteen (18) years of age or under.
POLICE OFFICERS OR MEMBERS
Shall mean all patrolmen, except probationary patrolmen, Sergeants and Lieutenants, and shall not include the Captain or Chief of Police.
[1980 Code § 47-2]
Holiday, vacation time, personal days, health benefits, overtime, compensatory time, seniority in the Public Works and Police Department, clothing and maintenance allowances and automobile expenses shall be in accordance with the terms set forth in the collective bargaining agreements in effect between the Borough and the Clerical Group, Public Works, New Jersey State P.B.A., Local 25 and the Police Supervisors Group.[1]
[1]
Editor's Note: The current ordinances establishing the salaries and compensation of the officers and employees of the Borough of Roselle Park are not printed in this Code but are on file in the office of the Borough Clerk and may be examined during regular office hours.
[1980 Code § 47-12]
a. 
The Borough shall pay one-half (1/2) of the premium for hospital and major medical insurance for clerical and DPW employees who have retired, have accumulated at least fifteen (15) years of service and have attained the age of sixty-two (62) years. Upon the retiree's attaining the age of sixty-five (65) years, the Borough shall pay the full cost of this insurance. This benefit shall be available upon proof that the retiree is not receiving similar benefits from another employer, a former employer or another source on a noncontribution basis.
b. 
The Borough shall provide, at its expense, all regular, full-time employees with coverage under the New Jersey State Disability Plan. The Borough shall have the right to substitute a different disability plan with the consent of each employee's bargaining unit, which consent shall not be unreasonably withheld, provided that replacement coverage is substantially equal to or better than that afforded by the New Jersey State Disability Plan.
c. 
Hospitalization insurance for retired members of Police Department.
1. 
The Borough shall pay the full cost of hospitalization insurance for a member of the Roselle Park Police Department upon his retirement at the age of fifty (50) years. This coverage shall include the member's spouse and shall remain in effect until the member reaches the age of sixty-five (65) years. In the event that a member retires before reaching his 50th birthday, he shall have the option of remaining in the Borough's hospitalization plan at his own expense, and this option must be exercised by the end of the calendar month in which he retires with payment being made to the Chief Financial Officer on a quarterly basis in advance.[1]
[1]
Editor's Note: The provisions of the current contract shall prevail.
2. 
Upon attaining the age of sixty-five (65) years, the member may continue in the Borough's hospitalization plan, provided that he agrees to make payments to the Chief Financial Officer on a quarterly basis in advance. This option shall remain open to a retiree at age sixty-five (65) until the last day of the calendar month in which his 65th birthday occurs. Failure to exercise this option shall result in the forfeiture of continuance in the Borough's plan.
d. 
The Borough shall provide all Police Officers, Probationary Patrolmen and their families with the New Jersey Dental Service Plan, Inc., Delta Plan No. 3A. The Borough shall have the right, with the approval of the Police Benevolent Association, to substitute a different insurance carrier in the place of New Jersey Dental Service Plan, Inc., provided that the coverage is equal to or better than that afforded by New Jersey Dental Service Plan, Inc. The Police Benevolent Association approval shall not be unreasonably withheld.
1. 
Newly-hired Police Officers or Probationary Patrolmen, their wives and children shall not be entitled to the benefits of this dental insurance program until the Police Officer or Probationary Patrolman has completed twelve (12) months of service with the Police Department.
[1980 Code § 47-17]
Police Officers shall receive their salary on regularly scheduled paydays; however, if a Police Officer is on his day off or a vacation day on a regularly scheduled day, he may be paid either on the regularly scheduled pay day or on the day preceding at 3:00 p.m. If he is on vacation on a regularly scheduled pay day, he may elect to receive his salary on the last scheduled work day prior to the vacation day, provided that a written request is submitted to the Chief of Police at least four (4) weeks prior to the aforesaid vacation day.
[1980 Code § 47-20]
Police Officers assigned in an acting position or capacity other than their regular position or capacity shall be compensated for such time worked at a rate equivalent to what that rate would be if they were permanently appointed to such a position or capacity, provided that such employee works at such position or capacity for two (2) consecutive weeks (ten (10) working days) after being appointed to such position by the Chief of Police.
[1980 Code § 47-21]
a. 
Upon mutual agreement, any individual Patrolman may request to exchange his normal work shift with that of another individual Patrolman provided that written notice is given to the Chief of Police or his designee no later than twenty-four (24) hours prior to the commencement of the shift to be exchanged; prior approval of the Chief of Police or his designee is obtained; no additional cost is incurred by the Borough as a result of the exchange of shifts; the exchange of shifts does not significantly impair the ability of the Borough to maintain adequate Police protection; and there is no overload of the administrative functions necessary to implement the exchange of the shift. A request for mutual exchange of shifts shall not be unreasonably denied.
b. 
Upon mutual agreement, any individual Sergeant may request to exchange his normal work shift with that of another individual Sergeant, provided that written notice is given to the Chief of Police or his designee no later than twenty-four (24) hours prior to the commencement of the shift to be exchanged; prior approval of the Chief of Police or his designee is obtained; no additional cost is incurred by the Borough as a result of the exchange of shifts; the exchange of shifts does not significantly impair the ability of the Borough to maintain adequate supervision of the shift; and there is no overload of the administrative functions necessary to implement the exchange of the shift. The request for the mutual exchange of the shifts shall not be unreasonably denied.
c. 
In an emergency situation, the twenty-four (24) hour notice requirement shall not be applicable.
[1980 Code § 47-23]
a. 
Each department head shall receive, upon termination of his or her service, whether by resignation, retirement or non-reappointment at the expiration of a term of office, the following terminal compensation from the Borough:
1. 
An amount of money equivalent to his or her basic wage at retirement for each ninety (90) calendar days, provided that he or she has at least twenty (20) years of full-time employment with the Borough.
2. 
Department heads having at least fifteen (15) years of full-time employment shall be entitled to seventy-five (75) calendar days of termination pay.
3. 
Department heads having at least ten (10) years of full-time employment shall be entitled to sixty (60) calendar days of termination pay.
4. 
Where there is less than ten (10) years of full-time employment service, termination pay shall not be granted.
b. 
In the event that a department head dies while in the employment of the Borough, the personal representative of his or her estate shall be paid terminal compensation in accordance with this section, if he or she satisfies the requirements of paragraph a above.
c. 
In the case of retirement or resignation, terminal compensation shall be paid, provided that formal notice is filed with the Mayor and Council on or before March 1 preceding retirement or resignation of the intention to terminate employment. Failure to provide notice may result in terminal compensation not being paid unless the Mayor and Council by resolution and for good and sufficient cause determines otherwise.
[1]
Editor's Note: Former subsection 12-6.1, Retirement Benefits of Police Chief, previously codified herein and containing portions of 1980 Code § 51-13, was repealed in its entirety by Ordinance No. 2329.
[1]
Editor's Note: Former subsection 12-6.2, Retirement Benefits for Police Captains, previously codified herein and containing portions of 1980 Code § 51-20, was repealed in its entirety by Ordinance No. 2329.
[1980 Code § 47-24]
a. 
The vacation time, holidays, personal time and sick leave of department heads shall be equal to the most generous vacation, holidays, personal time and sick leave provided in the various collective bargaining agreements in effect between the Borough and the employee group bargaining unit of his or her department.
b. 
Accumulated sick leave sell-back shall be at a rate of one (1) day for every three (3) accumulated sick days, up to a maximum of two hundred (200) accumulated sick days.
c. 
The Deputy Borough Clerk; Court Administrator; Deputy Court Administrator; Purchasing Agent; Control Person and Administrative Assistant shall be entitled to all the most generous vacation, holidays, personal time and sick leave provided in the Clerical Group collective bargaining agreement.
d. 
The Assistant Superintendent of Public Works shall be entitled to all the most generous vacation, holidays, personal time and sick leave provided in the Public Works collective bargaining agreement.
e. 
The Police Captain shall be entitled to all the most generous vacation, holidays, personal time and sick leave provided in the Roselle Park Police Supervisors Group collective bargaining agreement.
f. 
Subject to the limitation described in the following paragraph g, all non-contractual employees (supervisory and non-supervisory) will be entitled to the most generous health insurance coverage and benefit coverage provided in the collective bargaining agreements in effect between the Borough and its bargaining employee group, of the department in which he or she is employed. Notwithstanding the above, all benefits granted to designated Department Heads per Department Head Agreement dated April 2, 1998, shall remain in effect.
g. 
Notwithstanding the above paragraph f, all non-contractual employees (supervisory and non-supervisory), hired on or after January 1, 1999, will be required to contribute ten (10%) percent towards the cost of medical insurance coverage. This paragraph g shall be deemed retroactive to January 1, 1999.
h. 
All non-contractual employees may opt not to receive health insurance coverage as described in paragraphs f and g above, for and in consideration of an annual payment identical to the collective bargaining agreement between the Borough and the respective collective bargaining employee groups of the Department in which he or she is employed.
[1980 Code § 47-25]
a. 
Part-time employees of the Borough shall not be entitled to any of the benefits contained in this chapter. For purposes of this chapter, a "part-time employee" shall be considered any person who regularly works less than thirty (30) hours per week.
b. 
Probationary Patrolmen shall be entitled to all of the benefits provided to members of the Police Department.
[1980 Code § 25-1]
A pension of five thousand ($5,000.00) dollars per annum shall be paid to the widow or minor children of Volunteer Firemen and Volunteer First Aid Squad members whenever the recipient or recipients of such pension shall qualify for the receipt of the same pursuant to the provisions of N.J.S.A. 43:12-28.1 through 43:12-28.3.
[1980 Code § 25-2]
Such pension, if payable, shall be paid in the manner provided in N.J.S.A. 43:12-28.1 through 43:12-28.3.
[1980 Code §§ 25-3—25-5]
a. 
Waiver by Certain Persons Over Sixty-Five. No member of the Roselle Park First Aid Squad shall continue his membership in the organization beyond the age of sixty-five (65) years unless that member and his wife execute a waiver of the widow's pension.
b. 
Termination of Membership. In the event that a written waiver signed by the volunteer First Aid Squad member and his wife is not received in proper form by the Mayor and Council on or before the member's sixty-fifth (65th) birthday, the membership in the First Aid Squad shall be immediately terminated.
c. 
Execution of Release by Wife. Should the marriage of any member over the age of sixty-five (65) years be terminated or should the wife of the member become deceased and the member remarry, the membership in the First Aid Squad shall terminate unless and until the wife of the member shall execute a release as aforementioned.
[1980 Code Ch. 3]
The Alcohol and Drug Policy of the Borough of Roselle Park was adopted 5-20-1998 by Ord. No. 1932, amended 7-22-1999 by Ord. No. 1967 and 7-18-2002 by Ord. No. 2078. A copy of this policy and all subsequent amendments thereto are on file in the office of the Borough Clerk.
[1980 Code § 69-1]
The Mayor and Council of the Borough of Roselle Park approves and adopts the attached document entitled "Borough of Roselle Park — Policy Prohibiting Workplace Violence."
[1980 Code § 69-2]
A copy of this policy will be distributed to each employee, receipt of which will be acknowledged in writing.
[1980 Code § 118-1]
This section bans the use of government buildings and government equipment for political fund-raising.
[1980 Code § 118-2]
Political contributions have a profound impact on government decision making; and our laws in New Jersey do not presently ban solicitation or acceptance of contribution by public office holders and employees while on public property or by use of public facilities; and a conflict may arise between the business of political fund-raising and the business of government in Borough Hall and other government-owned premises, and this may cause a distraction from the people's business; and the most appropriate method to prevent his conflict and to ensure the integrity of government decisions is the prohibition of political fund-raising on or by use of public property; therefore, it is accordingly found and determined that the paramount public interest in a clean and accountable government requires the prohibition of political fund-raising on public property or by use of public facilities.
[1980 Code § 118-3]
As used in this chapter:
CANDIDATE
Shall mean any individual seeking election to a public office of the Federal Government, State, County, municipality, school district or political organization at an election.
CONTRIBUTION
Shall mean and include all loans and transfers of money or other things of value to or by any candidate, elected official or political organization and all pledges or other commitments or assumptions of liability to make any such transfer. Contributions shall be deemed to have been made upon the date when such commitment is made or liability assumed.
MUNICIPAL OFFICIAL EMPLOYEE AND APPOINTEE
Shall mean any person holding elective municipal office or holding an appointed position in the municipal government, or in any agency, commission, board of office thereof, whether the position is full-time or part-time, compensated or uncompensated; and any employee of municipal government or in any agency, commission, board or office thereof, whether the position is full-time or part-time.
MUNICIPALITY
Shall mean this municipality and any officer, department, board, commission, or agency thereof.
POLITICAL ORGANIZATION
Shall mean any two (2) or more persons acting jointly, or any corporation, partnership or any other incorporated or unincorporated association which is organized to, or does, aid or promote the nomination, election or defeat of any candidate or candidates for Federal, State, County, municipal or school board office. Political organization includes, but is not limited to, organizations otherwise defined as "political committee," "joint candidates committee," and "legislative leadership committee."
PROPERTY OF THE MUNICIPALITY
Shall mean buildings, land, vehicles, phones, fax machines, computers or other office equipment or supplies and other real or personal property owned, leased or controlled by the municipality, except for public roads and open parkland.
SOLICIT
Shall mean to seek by oral or written communication a contribution as same is defined herein.
[1980 Code § 118-4]
a. 
Prohibition Against Soliciting or Accepting Political Contributions on Public Property.
1. 
No municipal official, employee or appointee may solicit, commit to pay or receive payment of or a commitment to pay any contribution for any candidate, elected official or political organization while in or on the property of the municipality or utilizing the property of the municipality.
b. 
Prohibited Forms of Fund-Raising. Prohibited forms of fund-raising shall include but are not limited to:
1. 
Soliciting or accepting contributions using municipal telephones, fax machines or computers.
2. 
Soliciting or accepting contributions using personal telephones while on the property of the municipality.
3. 
Soliciting or accepting contributions through the use of publicly-owned computers or privately-owned personal computers while on the property of the municipality.
4. 
Using municipal letterhead to solicit or accept contributions.
5. 
Sending correspondence which solicits contributions.
6. 
Face-to-face soliciting of an individual or an owner or representative of a business entity while on the property of the municipality.
7. 
Use of automobiles owned or leased by the municipality to accept or solicit contributions.
c. 
Reporting Requirements. It shall be the responsibility of any employee, appointed or elected official who observes any prohibited forms of fund-raising to report such conduct to the Municipal Ethics Board, if one exists, or, in the alternative, to the Municipal Prosecutor and the Municipal Clerk who shall report same to the Governing Body.
d. 
Whistle-Blower Provision. It shall be unlawful for any employee, elected official or appointee to be dismissed, reprimanded, retaliated against or otherwise intimidated for complying with the reporting requirements mandated by this section.
[1980 Code § 118-5]
Violation of any provision of this section shall be punished by a period of community service not exceeding ninety (90) days or imprisonment in the County jail for a term not exceeding ninety (90) days or a fine not exceeding one thousand ($1,000.00) dollars.
[Ord. No. 2250]
The State Legislature recently adopted Chapter 92 of the Laws of 2007 (N.J.S. 43:15C-1 et seq.) to create the Defined Contribution Retirement Program to provide retirement benefits to various county and municipal officials.
N.J.S. 43:15C-2 requires the Governing Body of each County, municipality, and other local entity to adopt, as appropriate, either a resolution or ordinance to determine the positions that are substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State, pursuant to guidelines or policy that shall be established by the Local Finance Board in the Department of Community Affairs, and for which officials appointed to such positions shall be eligible for and shall participate in the Defined Contribution Retirement Program, subject to the provisions of law.
The Governing Body of the Borough of Roselle Park has considered the guidelines issues by the Local Finance Board.
[Ord. No. 2250]
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. 
Municipal Engineer;
b. 
Municipal Court Judge.
[Ord. No. 2250]
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. 
Electrical Subcode Inspector;
h. 
Plumbing Subcode Inspector;
i. 
Fire Subcode Inspector;
j. 
Principal Public Works Manager.
[Ord. No. 2250]
If an individual is appointed to one of the positions listed in subsection 12-13.2 and the individual is not serving in a position as described in subsection 12-13.3 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 12-13.3 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. No. 2250]
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. Should any part or parts of this ordinance be held to be invalid by any competent court of law, such invalidity shall only affect the part or parts held to be invalid, and all other parts shall remain in effect.