Borough of Belmar, NJ
Monmouth County
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Table of Contents
Table of Contents
[1966 Code § 2-12.1; Ord. No. 1991-1 § 11]
The Mayor and Borough Council may by ordinance abolish, increase, decrease or modify the terms and compensation of any office of the Borough, except where such office has been or is created by general law.
[1966 Code § 2-12.2; Ord. No. 1991-1 § 11]
The provisions of the Civil Service Act of the State of New Jersey, Title 11 of the Revised Statutes of the State of New Jersey, having been adopted by the voters of the Borough at the election held on November 2, 1954, shall govern all classified employees of the Borough.
[Ord. No. 2015-04]
a. 
Schedule 1 of the Report of the Classification Plan for the Borough of Belmar submitted by the New Jersey Department of Personnel is not adopted as prepared in detail by the Department of Personnel and in place thereof, there are hereby set up as set forth in Schedules A, B, C, D, E and F the positions of officers, clerks and employees of the Borough as classified therein and at the salary ranges set forth therein.[1]
[1966 Code § 2-12.3; Ord. No. 1991-1 § 11; Ord. No. 1991-25 § 1; Ord. No. 1991-36 § 1; Ord. No. 1992-13 § 1; Ord. No. 1992-24 § 1; Ord. No. 1997-16 § 2; Ord. No. 1999-27 §§ 2, 3; Ord. No. 2002-04]
[1]
Editor's Note: Schedule A, B, C, D, E and F are included as attachments to this chapter.
b. 
Effective immediately employees of the Borough of Belmar having the position or title enumerated herein shall receive a rate of pay that is within the established pay ranges as set forth in accordance with the regulations of the New Jersey Department of Personnel and the negotiated employment contract governing said employees. The following salaries and indicated compensation, unless otherwise indicated, shall be per annum.
[Amended 2-19-2019 by Ord. No. 2019-05]
1. 
Schedule A, "Blue Collar Workers," attached hereto and made part hereof is amended, revised, adopted and enacted establishing a salary or salary range for the year 2019.
2. 
Schedule B, "Police Department Personnel," attached hereto and made part hereof is amended, revised, adopted and enacted establishing a salary or salary range for the year 2019.
3. 
Schedule C, "Clerical and Public Safety Telecommunications," attached hereto and made part hereof is amended, revised, adopted, and enacted establishing a salary or salary range for the year 2019. The salaries set forth shall be retroactive to January 1 of each year.
4. 
Schedule D, "Others and Unclassified Positions," attached hereto and made part hereof is amended, revised, adopted, and enacted establishing a salary or salary range for the year 2019. The salaries set forth shall be retroactive to January 1 of each year.
5. 
Schedule E, "Seasonal, Beach and Unclassified Positions," attached hereto and made part hereof is amended, revised, adopted, and enacted establishing a salary or salary range for the year 2019.
[1966 Code § 2-12.5; Ord. No. 1991-11]
Minimum Salary for Permanent Appointment as Patrolman: The Borough Council, after certification by the Chief of Police that it is in the best interest of the Borough to so do, may by unanimous vote, adopt as a Resolution authorizing the permanent employment of a patrolman who has previously been certified by the New Jersey Police Training Commission. In such event the minimum annual salary shall be equal to Step Two on Schedule C. Such resolution shall not affect any other employment rights as provided by law, ordinance or Department of Personnel regulation.
[1966 Code § 2-12.6; Ord. No. 1991-1 § 11]
Schedule 2 of the Report of Classification Plan for the Borough submitted by the Department of Personnel of the State of New Jersey is hereby adopted and made a part of this section, with its accompanying definition of each class, its distinguishing characteristics, examples of work and the requirements to be applied for recruitment to the class. However, all persons mentioned in Schedule 1 of the report are confirmed in their positions under their new title for their respective class.
[1966 Code § 2-12.7; Ord. No. 1991-1 § 11; Ord. No. 2015-04 § 1]
Schedule 3 of the Report of Classification Plan for the Borough submitted by the New Jersey Department of Personnel of the State of New Jersey is hereby adopted and made part of this section, being rules for the installation and administration of Department of Personnel procedures in and for the Borough, with the exception of Rules 3, 11 and 13 of that schedule, which rules are specifically deleted and not accepted. The following additional rules are hereby adopted and added to Schedule 3:
(3)
Departmental requests for changes in the class specification shall be presented to the Borough Council which shall, as it deems proper, forward the requests together with its recommendations to the Department of Personnel for investigation and consideration.
(13)
All present employees now receiving the maximum rate or more than the maximum rate established for the class shall not receive further advancement in compensation as long as they continue to serve in such position or classification.
(14)
Vacations - Vacations for all permanent employees covered by Schedules A, B, C, D and E shall be governed by the provisions of their respective negotiated contracts.
(15)
Sick Leave - Sick leave for all permanent employees covered by Schedules A, B, C, D and E shall be governed by the provisions of their respective negotiated contracts.
(a) 
Funeral and Bereavement Leave - Funeral and bereavement leave for all permanent employees covered by Schedules A, B, C, D and E shall be governed by the provisions of their respective negotiated contracts.
(b) 
Partial Reimbursement for Unused Sick Leave for all Employees - Partial reimbursement for Unused Sick Leave for all permanent employees covered by Schedules A, B, C, D and E shall be governed by the provisions of their respective negotiated contracts.
(c) 
Dedicated Trust for Deferred Unused Sick Leave:
A. 
Pursuant to the authority provided in N.J.S.A. 11:24A-3 and N.J.S.A. 11:14-13, the Borough Council hereby establishes a dedicated trust fund for deferred unused sick leave. The Borough Council may deposit in the fund annually such sum of money as it may deem appropriate to eliminate or reduce unanticipated expenditures for deferred unused sick leave payable to the estate of deceased municipal employees; eliminate or reduce unanticipated expenditures for deferred unused sick leave payable by reason of the retirement of an unexpected number of employees in any given year; to prevent inequitable treatment among retiring employees because of inadequate appropriations in any given year; to provide the greatest possible latitude in the allocation of Municipal expenditures mandated by N.J.S.A. 40A:4-45.1 et seq.; and to eliminate or reduce the additional tax burden upon Municipal taxpayers that would result from large payments for deferred unused sick leave to retiring employees or their estates in any given year.
B. 
Pursuant to the authority provided in N.J.S.A. 40A:4-63 the funds deposited in the dedicated trust fund for deferred unused sick leave shall be used for no other purpose. Interest earned on the fund shall be added to the corpus of the trust when paid and shall be expended for no other purpose than the corpus of the trust. The trust shall be established in an authorized statutory depository and designed as such by resolution of the Borough Council.
(16)
Reports - Each Department Head shall file a report giving name of employee not reporting for duty that day together with the reason for absence in accordance with form to be approved and adopted by the Borough Council by appropriate resolution.
Each Department Head shall file as of seven days before each pay date (which date shall be determined by resolution of the Borough Council) a report listing all employees and their working time and absence in accordance with forms to be approved and adopted by the Borough Council by appropriate resolution.
Every report heretofore mentioned shall be signed by the Department Head personally, or such person he or she shall designate in writing to act for him or her in his or her absence from duty and shall be filed with the Borough Clerk.
(17)
Holidays - Holidays for all permanent employees covered by Schedules A, B, C, D and E shall be governed by the provisions of their respective negotiated contracts.
(18)
Overtime for Hourly Workers Only - Overtime for hourly workers shall be paid for all permanent employees covered by Schedules A, B, C, D and E and shall be governed by the provisions of their respective negotiated contracts.
(19)
Clothing Allowance for Employees - Clothing allowance for all permanent employees covered by Schedules A, B, C, D and E shall be governed by the provisions of their respective negotiated contracts.
(20)
Dental Insurance Program - Dental insurance for all permanent employees covered by Schedules A, B, C, D and E shall be governed by the provisions of their respective negotiated contracts.
(21)
Prescription Insurance Program - Prescription insurance for all permanent employees covered by Schedules A, B, C, D and E shall be governed by the provisions of their respective negotiated contracts.
(22)
Post-Retirement Health Insurance - The Borough shall pay the cost of post-retirement health insurance benefits available through the New Jersey State Health Benefits Plan for those permanent employees covered by Schedules A, B, C, D and E who satisfy the eligibility requirements set by law.
(23)
Eyeglass Prescription and Eye Examination Insurance Program - Eyeglass prescription and eye examination insurance for all permanent employees covered by Schedules A, B, C, D and E shall be governed by the provisions of their respective negotiated contracts.
(24)
New Jersey State Plan for Temporary Disability Benefits Program - The Borough shall enroll in the New Jersey State Plan for Temporary Disability Benefits and shall be subject to the requirements and conditions imposed by law with respect to the plan.
(25)
Hearing Test - The Borough shall pay for a complete hearing test annually for the Belmar Communications Operators.
(26)
Personal Days - Personal days for all permanent employees covered by Schedules A, B, C, D and E shall be governed by the provisions of their respective negotiated contracts.
(27)
Educational Increment - Covered by Schedules A, B, C, D and E; the provisions of their respective negotiated contracts shall govern.
[Amended 2-19-2019 by Ord. No. 2019-05]
(28)
Incentive Pay - Incentive pay for all permanent employees covered by Schedule C shall be governed by the provisions of their respective negotiated contracts.
[1966 Code § 2-12.8; Ord. No. 1991-1 § 11; Ord. No. 1997-16 § 2; Ord. No. 2002-04; Ord. No. 2015-04 § 2; amended 2-19-2019 by Ord. No. 2019-05]
Longevity pay of a percentage of the current annual base salary shall be paid to each permanent full-time classified and unclassified employee of the Borough as listed in Schedules A, B, C, D and E[1] as governed by the provisions of their respective negotiated contracts.
[1]
Editor's Note: Schedules A through E are included as attachments to this chapter.
[1966 Code § 2-12.9; Ord. No. 1991-1 § 11]
a. 
Every officer or employee of the Borough who by virtue of his/her office or position is entrusted with the receipt, custody or expenditure of public monies or funds, and any other officer or employee who may be required so to do by the Borough Council shall execute and deliver a surety bond in such amount as may be fixed by the Borough Council, binding upon him to the Borough in its corporate name and conditioned upon the true and faithful performance of his or her duty. Each officer or employee required by law to give bond shall execute such a bond with sufficient surety and deliver the same to the Borough Clerk.
b. 
If any officer or employee shall neglect to execute and deliver his or her bond as herein required, within 30 days after due notification of his or her election or appointment, his or her office or position may be declared vacant.
c. 
In every case in which any person is required by the laws of the State or by any ordinance of the Borough to give a bond for the faithful performance of his duties, such bond shall be secured by a corporate surety authorized to do business in this State and the premium therefor shall be paid by the Borough. Each bond shall be approved by the Borough Attorney as to form and sufficiency, and nothing in this section shall be construed to prevent the use of one or more blanket bond or bonds when so approved.
[1966 Code § 2-12.10; Ord. No. 1991-1 § 11; amended 1-21-2020 by Ord. No. 2020-05]
All offices of the Borough shall be open between the hours of 9:00 a.m. and 4:30 p.m., five days a week, except on Saturdays, Sundays and legal holidays. "Legal holidays" shall be defined to include the day after Thanksgiving and any holiday set forth in N.J.S.A. 36:1-1 et seq. On Christmas Eve, offices shall close at 12:00 noon as set forth in adopted union contracts. General Election Day, Veteran's Day, and Lincoln's Birthday shall not be considered a holiday, and all offices shall be open during regular office hours. N.J.S.A. 36:1-1.2 shall be applicable to the Borough.
[1966 Code § 2-12.11; Ord. No. 1991-1 § 11]
The aforementioned Department of Personnel report and schedules shall be filed with the Borough Clerk. The salary and wage provisions of this section shall be effective upon final passage and publication as required for adoption of a salary ordinance.
[1966 Code § 2-12.2; Ord. No. 1991-1 § 11]
a. 
Pursuant to the authority provided in N.J.S.A. 59:10-4, the Borough of Belmar shall provide for the defense of an employee or former employee and shall indemnify an employee or former employee consistent with the protection provided for, and under the same terms and conditions as provided for State employees or former State employees, under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. "Employee" for purposes of this subsection shall include anyone elected to the office of the Mayor or the Borough Council of the Borough of Belmar or appointed to public office or employment with the Borough of Belmar, or any of its boards, commissions, authorities, utilities, or subdivisions, whose members are appointed by the Mayor and Borough Council with or without compensation, or whether or not such office or employment is subject to Title XI, New Jersey Civil Service Act.
b. 
All rights, duties, and responsibilities provided for the Attorney General in the Tort Claims Act, or any amendments or supplements thereto, are provided to all parties affected under this subsection; such rights, duties and responsibilities being vested in the Mayor and Borough Council. The protection afforded pursuant to this subsection shall be deemed additional protection to that which otherwise may be provided by statute or State or Federal regulation; and any inconsistency or conflict between any such statute or State, or Federal regulation shall be construed liberally in favor of the employees or former employee.
[Ord. No. 1991-1 § 11; Ord. No. 1991-37 § 1; Ord. No. 1992-13 § 3; Ord. No. 1995-10 § 3; Ord. No. 1996-03 §§ 2, 3]
a. 
All permanent full-time classified and unclassified employees working more than 1,690 hours per annum for the Borough and listed in Schedules A, B, C, D, E and F shall qualify for all fringe benefits as governed by the provisions of their respective negotiated contracts. All permanent full-time employees not covered by negotiated contracts shall qualify as a minimum for those benefits covered by the negotiated contract between the Borough and clerical employees.
No part-time employee is eligible for any fringe benefits, except enrollment in the Public Employees Retirement System.
Part-time officers and employees not eligible for fringe benefits may elect to enroll at their expense in the Health Benefits Plan provided monthly payments in full are received by the Chief Financial Officer on or before the fifth of each month, except the Tax Assessor at his option may enroll at the expense of the Borough.
b. 
The Borough of Belmar enacts this Subsection b to comply with its obligations pursuant to its Collective Bargaining Agreements with the Borough of Belmar Police Benevolent Association of Local No. 50; the Communications Workers of America; the International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers Local 417; and the Borough of Belmar Supervisors Association of the Borough of Belmar, and the eligibility requirements set forth in N.J.S.A. 40A:10-23;
Effective April 1, 1996, the Borough elects to provide eligible retired employees and his or her spouse with health insurance benefits. Employees qualify for retiree health coverage if they retire:
1. 
With 25 years or more of service credit in the Police and Firemen's Retirement System or the Public Employees Retirement System and after 19 years of service with the Borough of Belmar; or
2. 
Within the meaning of the Police and Firemen's Retirement System or the Public Employees Retirement System and after at least 15 years of service with the Borough and after they have reached the age of 62 years or older; or
3. 
On a disability pension regardless of the number of years of service.
[Ord. No. 1993-33 § 1; 11-4-2020 by Ord. No. 2020-38]
Residents of the Borough of Belmar shall be given preference upon initial hiring to all competitive positions, except as otherwise provided by law. Any bona fide resident for the purpose of this section is a person having a permanent domicile within the Borough.
In the event that there are no qualified residents to initially fill positions of employment within the Borough, then preference shall be given in the following order:
a. 
Other residents of Monmouth County.
b. 
Other residents of counties contiguous to Monmouth County.
c. 
The residents of the State.
d. 
All other applicants.
[Ord. No. 2005-16 § I]
The operation of this section shall not conflict with the laws, rules and regulations for filling positions covered by the provisions of the Civil Service Act of the State of New Jersey or with any provisions of any collective bargaining agreement with the Borough of Belmar. Should any conflicts arise, the requirements of the Civil Service Act or the collective bargaining agreement shall govern.
a. 
All positions within the Borough of Belmar for any full-time position shall be posted in a conspicuous place within any Borough building which contains Borough offices. The position shall also be published in an official newspaper of the Borough of Belmar. The notice of the opening for a position shall include a brief description of the position and qualifications for the same and any other information deemed pertinent. Copies of the foregoing shall be placed in the Mayor's and each Councilperson's mailbox at the Municipal Building.
b. 
The positions covered under this section include any position for which a salary, wage or other remuneration is offered.
c. 
The Mayor shall cause each member of the Borough Council to be provided with copies of the resumes or employment applications submitted by interested candidates for a posted full-time opening. Each member of the Borough Council shall have an opportunity to identify up to three applicants for the position that he or she believes should be interviewed. Each applicant who is designated for an interview by at least two members of the Borough Council shall be interviewed by the Mayor and/or such department heads or other municipal personnel that the Mayor shall designate to serve as the interviewing committee. Any member of the Borough Council, who shall desire to participate in all of the interviews for a position, shall be entitled to do so. Those participating in the interviews shall submit their individual and/or joint recommendations to the Mayor in writing, with copies to the members of the Borough Council.
d. 
Notwithstanding anything contained herein to the contrary, the Mayor may, with the unanimous consent of the Borough Council, dispense with the requirement to post and advertise a full-time job opening, where the position is to be filled by an existing full-time employee of the Borough.
e. 
The decision to hire any applicant shall be in accordance with applicable laws and ordinances.
[Added 2-19-2019 by Ord. No. 2019-06]
a. 
Position created. There be and hereby is created in the Borough of Belmar the unclassified, confidential position of Director Of Special Operations.
b. 
General duties. The duties of the Director Of Special Operations shall include, generally, the management/supervision of the consolidate tourism efforts as it pertains to the Borough's Beach, Marina and Downtown districts, the coordination and oversight of all special events organized and held in the Borough of Belmar, coordination with certain Borough professionals, to act as a liaison with multiple Community groups, including but not limited to the Belmar Business Partners, LLC under the supervision and control of the Mayor and such duties as shall be specifically assigned by the Appointing Authority.
c. 
Appointment; term; vacancy. The appointment of the unclassified, confidential Director Of Special Operations shall be by the Appointing Authority. The appointment shall be for a term of one year.
d. 
Restrictions of authority; no political activity; conflicts of interest. Nothing in this section shall derogate from or authorize the DIRECTOR OF SPECIAL OPERATIONS to exercise the powers and duties of the elected and appointed officials or statutory employees, as provided by law. The Director Of Special Operations shall comply with the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 et. seq. and other provisions established under the Borough's Handbook, policies and procedures and/or employment contract.