Employment in the Borough shall be based on merit and fitness, free from personal and political consideration. No discrimination in any aspect of employment shall be made because of race, color, creed, national origin, political or religious opinions or affiliations, physical handicap, ancestry, age, marital status, sexual preference or sex of any individual or because of liability for service in the armed forces.
Just and equitable incentives and conditions shall be established and maintained in order to promote efficiency and economy in the operation of the government.
Positions with similar duties and responsibilities shall be classified and compensated on a uniform basis.
Continuity of employment shall be subject to an employee's continued good behavior, satisfactory performance of work, necessity for work, and the Borough's availability of funds.
In accordance with the New Jersey "Freedom of Information Act" N.J.S.A. 47:1A-2, the rules of the Borough regarding public records, right of inspection, copies and fees are as follows:
Except as otherwise provided in this act or by any other Statute, resolution of either/or both houses of the Legislature, executive order of the Governor, rule of court, any Federal Law, regulation or order or by any regulation promulgated under the authority of any Statute or executive order of the Governor, all records which are required by law to be made, maintained or kept on file by any board, body, agency, department, commission or official of the State or of any political subdivision thereof or by any public board, body, commission or authority created pursuant to law by the State or any of its political subdivisions or by any official acting for or on behalf thereof (each of which is hereinafter referred to as the "Custodian" thereof) shall, for the purposes of this act, be deemed to be public records.
Every citizen of this State shall also have the right during such regular business hours and under the supervision of a representative of the Custodian, to inspect, copy such records by hand, and/or purchase copies. Copies of records shall be made available upon the payment of such price as shall be established by law. The Custodian of Records shall make and supply copies of such records upon the payment of the fees established by Borough Code. If no fees are established for the specific demands by the Borough Code the fee shall be set at the rate of twenty-five ($.25) cents per page.
Any request for specific documents should be in writing to the Borough Clerk and copies should be billed and paid for prior to distribution.
The following information is confidential and may not be released without written request and without the written approval of the Borough Council:
Personnel records to include medical forms and documents.
Employment applications of past and present employees.
Pending litigation or contracts and any documents connected with same.
Unlisted phone number of employees.
Employee medical records.
Release of any of the above documents covered under the confidentiality section without authorization will be cause for disciplinary action ranging from a written warning to termination of employment.
Discussion of any of the above information with employees or nonemployees not needing the data for performance of their job or to further negotiations or contract matters shall be cause for disciplinary action ranging from a verbal warning to termination of employment.
Determination as to what conditions constitute any emergency will be at the discretion of the Mayor or his designee and will not be subject to the grievance procedure.
In an emergency each and every employee shall be subject to call for overtime duty and it is each employee's responsibility to cooperate and accept such overtime work, when required. Emergency is hereby defined as that period of time when the health, safety and general welfare of the public is in jeopardy.
All employees will be expected to report as scheduled unless notified that their particular office will be closed, in which case, the employee would receive their regular pay if they were scheduled to work. If an employee cannot report to work because of severe weather conditions, the time lost from work will be charged against accumulated vacation time. In the event that no vacation time is accumulated, the time lost from work will be charged as time off without pay. If any employee is unable to report to work, he/she must call in to report his/her absence to the person in charge as soon as possible on the work day.
In the event of extreme weather conditions or other emergencies necessitating the closing of the Borough's offices, you will be notified by the Mayor or his designee. This will be approved as a workday for those employees who are scheduled to work.
Essential employees will be required to work during any emergency. The employees will be notified by their immediate supervisor. If such emergency occurs during the employees regular work schedule, they will be paid their regular salary. If the emergency continues or occurs after their regularly scheduled workday, they will be paid according to the overtime rates in effect in this manual.
The following terms will be used to describe the classification of employees and their employment status:
- Shall mean employees whose positions meet specific test established by the Fair Labor Standards Act (FLSA) and are exempt from overtime pay.
- Shall mean employees whose positions do not meet FLSA exemption tests and are paid one and one-half (1 1/2) times their regular rate of pay for hours worked in excess of eight per day and 40 per week.
- Shall mean employees who work an average of at least 35 hours per week on a regular basis. Full-time employees are eligible for all benefits when applicable service requirements are met.
- PART-TIME, PERMANENT
- Shall mean employees who are scheduled to work 20 hours or less on a permanent assignment.
- PART-TIME, TEMPORARY
- Shall mean employees scheduled to work an average week of fewer than 20 hours. Their assignment is for a duration of a specific time.
All employees, officers and Department Heads of the Borough shall be appointed and promoted by the Borough Council, except as may otherwise be provided by general law.
Original appointments, to fill vacancies for new positions, shall be limited to qualified persons who have been interviewed or tested concerning such factors as education, experience, aptitude, knowledge, character and physical and mental fitness.
Applicants for employment shall apply on forms, provided by the Borough Clerk, which have been designed to obtain pertinent information concerning the applicant's education, training, experience, character and other factors necessary to determine fitness and qualifications for service to the Borough. All applications shall be filed with the Borough Clerk.
The Clerk shall be charged with processing all applications for appointment to vacancies or new positions and reporting thereon to the Borough Council. Where it appears that an applicant is otherwise qualified for employment, the Clerk after direction being given by the Borough Council, shall require that the applicant furnish evidence that he is physically fit for the position for which he seeks employment.
The Borough Council, may at its discretion, appoint a Personnel Committee to act as a liaison between the Council and the applicant.
An applicant for employment may be rejected for one or any of the following reasons:
Is not qualified for appointment to the position for which he has applied.
If physically unfit to perform the duties of the position for which he has applied.
Is addicted to the habitual or excessive use of drugs or intoxicants.
Has been convicted of any crime or offense, including disorderly person offenses involving moral turpitude.
Has received other than an honorable discharge from the armed services of the United States.
Has been dismissed from previous employment for delinquency, insubordination or misconduct.
Has practiced or attempted to practice any deception or fraud in his application or in furnishing other evidence of eligibility for appointment.
The introductory period for new employees shall be six months in duration from the date of hire. Introductory time may also be extended. During this time, you have your first opportunity to evaluate the Borough as a place to work and we have our first opportunity to evaluate you as an employee.
This period involves special orientation activities plus closer and more frequent performance evaluations than that given to regular employees. Employees will be provided with a job description and a copy of the rules and regulations by their supervisor. After 90 days employees shall be evaluated by their supervisor or the Borough Council's chosen liaison, with a written report and recommendation(s) made to the full Borough Council. The recommendations should contain:
Rating of job performance.
Recommendation for extension of introductory period of six months to a year.
Plan for corrective action.
The employee will have an opportunity to rebut, in writing, any comments contained in the review document. No appeal exists for any rating of average or above. These evaluations will become part of your personnel file and their purpose is to create and foster communication between the employee and the Borough.
Upon satisfactory completion of the introductory period, you may become a full-time employee. For employment to continue, all employees, regardless of classification, status, or length of service are expected to meet and maintain Borough standards for job performance and behavior.
Vacation time, personal time and sick time is not accumulated from the date of employment but shall start to accrue after successfully completing the six month introductory period.
Important events in your history with the Borough will be recorded and kept in your personnel file. Annual performance reviews, change of status records, commendations and educational attainment records are examples of documents to be maintained.
Upon written request and reasonable notice, employees are entitled to review the contents of their own personnel folder in the presence of a designated official of the personnel committee.
An employee may file a written response to any memorandum or document which is derogatory or adverse to them. Such response will be included in the personnel file, attached to and retained with the document in question.
Medical records regarding claims submitted to our insurance carrier, including psychological, psychiatric and medical examinations are kept in a separate file and are not distributed to supervisors or the Borough Council during your review period. These medical records are available for your review and are only available to Borough personnel with your signed consent.
Accurate and complete attendance records shall be maintained by the Chief Financial Officer. The records shall be the official records to be utilized and determine the employee's eligibility for benefits.
The borough utilizes timecards as the official record keeping method of attendance. All timecards must be accurately completed and signed by your supervisor before pay calculations can be determined. The record must indicate any period of absence, compensatory time, whole days, half days or hours when an employee should regularly be on the job. Regularly scheduled Borough holidays should be marked on the timecard.
Pay is calculated for the 15th and the 30th of each month. All timecards must be submitted to the payroll clerk by the Monday morning of each work week.
Unsatisfactory attendance includes abuse of sick leave, absences that precede or follow regularly scheduled days off, or holidays, and continued tardiness.
Employees have the responsibility to notify their supervisor prior to the beginning of their assigned shift if they are to be tardy or absent. If for some reason the employee is unable to call prior to the beginning of their shift, they must make notification within the first hour of their assigned shift to advise them of the fact or they will be subject to disciplinary action.
Supervisors must warn employees, in writing, about excessive absences and lateness and explain disciplinary actions which may result if there is no improvement in the offender's attendance record.
Warnings or reprimands must be in writing and must be progressive. The supervisor implementing the reprimand and the employee reviewing the reprimand must sign the warning/reprimand document. Signature by the employee does not signify the employee's admission of wrongdoing but merely acknowledges notification of the warning/ reprimand.
The Borough's wage and salary plan classifies each position on the basis of:
Knowledge and ability requirements;
Variety and scope of responsibilities;
Physical and mental demands.
Established wage or salary ranges are reviewed once per year and are adjusted if necessary. If you are interested in knowing your wage and salary range for your position, please consult the "Prevailing Wage Book" in the Borough Clerk's office.
OVERTIME PAY will be paid time and one-half their regular rate of pay for authorized hours worked in excess of 40 in one week and eight in one day.
All overtime work must be authorized in advance by the responsible Department Heads.
When there is a difference in how overtime pay is calculated for the Police Department, the current Police contract will take precedence over this policy manual.
If a Department Head works on a holiday, a substitute day off will be allowed. The substituted day off shall be required to be taken within the year in which the holiday took place. If that substituted holiday is not taken within the year, then that employee loses that substituted holiday. This change must be noted on the employee's timecard.
If there is a conflict between these rules and the Federal Monday Holiday Law, the Federal law shall apply.
The official office hours of the Borough are 9:00 a.m. to 5:00 p.m. prevailing time, Monday through Friday. The hours of work for all employees, including lunch hours, shall be specified by the Borough Council. Any changes that affect an employee must be reviewed and approved by the Borough Council.
Borough employees are paid on the 15th and 30th of each month (see page A-8 for further details).
As a general rule, regular employees of the Borough must be 18 years of age. Occasionally, students or others who are 14 to 17 years old may be hired, but this is done only under special conditions and must be approved in advance by the Department Head and Personnel Committee. Working papers are required if the individual will be working more than 25 hours in a given year.
The lunch period for all employees is one hour in duration. Employees are not compensated for lunch break time. Each Department Head is responsible for scheduling lunch breaks for their employees so as not to interfere with the efficient operation of the Borough. Periodically, the Personnel Committee will review lunch period taken by individuals to ensure there is adequate coverage in all departments. Lunch periods are important for your rest and well-being. It is also important that they not be abused.
All full-time permanent employees who work 20 hours per week or more shall earn vacation on the basis of the following schedules:
An employee, if hired on or before March 31st of the calendar year, shall be entitled to one week's vacation during that calendar year, eligible to be taken after successfully completing the six month introductory period. This employee shall then be entitled to two weeks' vacation at the start of the next calendar year.
Vacation time does not accrue during the probationary period.
Permanent employee's vacation days are credited to them in advance on January 1st of each year. However, it must be understood these days are credited anticipating the employee will work the full 12 months during the year. Vacation days must be earned, and if an employee is on leave without pay, then in that case, these unearned days will be deducted.
An employee who has separated his/her employment shall be entitled in time or in pay to any earned vacation accumulated and not previously used within the calendar year. If the employee has used anticipated, but unearned vacation leave, he must make compensation for the used, unearned time.
All vacations shall be taken during the current year and vacation time shall not accumulate. Employees may not be paid for vacation leave earned and not used for that calendar year, except at the termination of employment and/or with the approval of the Borough Council.
The Department Head or Personnel Committee reserves the right by reason of municipal business for the general welfare of the Borough to designate the period during which time an employee may take vacation. If a conflict should occur where more employees desire the same time off, then in that case, length of service in the Borough shall prevail.
The Payroll Department shall maintain up-to-date records of each employee's vacation status.
Whenever a permanent employee dies having any earned annual vacation leave, there shall be calculated and paid to their estate a sum of money equal to the compensation figured on their salary rate at the time of their death.
Part-time temporary employees shall not be entitled to vacation leave. Permanent part-time employees will be entitled to the same scheduled allowance of vacation time as full-time employees but at a time allotment prorated to reflect the average of weekly hours worked during the past year.
Vacation leave credits shall continue to accrue while an employee is on leave with pay. Credits shall not accrue while an employee is on leave without pay, except military leave.
All employees, except the Police Officers, are entitled to 13 paid holidays as follows:
New Year's Day
Martin Luther King Day
General Election Day
Day after Thanksgiving Day
In the event that an official holiday is observed during an employee's vacation, he shall be entitled to an additional vacation day, and should an official holiday occur while an employee is on sick leave, he shall not have that holiday charged against his sick leave.
If an observed holiday falls on a Saturday, it shall be celebrated on the preceding Friday. If an observed holiday falls on a Sunday, it shall be celebrated on the following Monday.
Should an official holiday occur while an employee is on sick leave without pay, or leave without pay, he/she shall not be entitled to the holiday pay or day.
If through extreme or emergency situation, employees are required to work on an official holiday, then the employee will be entitled to another day to compensate for having to have worked on the holiday.
Full time regular Police Officers shall be entitled to an extra day's pay at their regular rate for 12 holidays as designated below. Payment shall be made in accordance with the terms set forth in the current Police Contract. The Chief of Police is excluded and not covered by this section but by the section above:
New Year's Day
Martin Luther King's Birthday
George Washington's Birthday
General Election Day
Sick leave shall mean paid leave that may be granted to an employee who, through sickness or injury, becomes incapacitated to a degree that makes it impossible for him to perform the duties of his position. Part-time, those working less than 20 hours per week, and full-time temporary employees are not eligible for sick leave.
A certification from the employee's doctor may be required as sufficient proof of the need for sick leave.
After successful completion of the six month introductory period, each full-time employee of the Borough shall be permitted to accrue sick leave at 4.66 hours per month for a total of 56 hours per year. This time shall be credited at the beginning of each calendar year.
Employees shall not accrue sick days during their six month probationary period. The sick leave time will be prorated for the number of months worked during the calendar year, after the successful completion of the introductory period.
Sick leave may be accumulated by an employee up to a maximum of 80 days, with the accumulated sick leave to be paid to the employee or his estate upon death of the employee, retirement from the Borough or permanent disability. The accumulated sick leave days will be paid at 1/2 of the current salary of the employee, with the payment not to exceed $7,500. There is no restriction as to the maximum number of sick days accumulated by an employee, where that accumulated sick leave is used by an employee in accordance with subsection D(4) (in the Code Book) hereinafter. In the event that there is a dispute as to whether an employee retired or whether an employee was permanently disabled then the standard to be used for the determination shall be in accordance with the definition as set forth in the Public Employees Retirement System.
D(4) — Accumulated sick leave may be used by an employee for personal illness, illness in his immediate family which requires his attendance upon the ill person, quarantine restrictions, pregnancy or disabling injuries. Immediate family shall mean spouse, child, parent, unmarried brother or sister or relative or dependent living under the same roof.
In the event that an employee terminates his employment, on or before December 31 of a particular year and the sick leave taken by the employee to date of termination exceeds the sick leave which was earned for that year, then the sick leave shall be prorated and any amount of overpayment of sick leave shall be deducted from and withheld from the final salary payment.
As a result of injury in the line of duty:
When an employee is injured in the line of duty, the Borough Council may pass a resolution giving the employee up to one year's leave of absence with pay. When such action is taken, the employee shall not be charged any leave for time lost due to such injury.
Prior to the passage of the resolution referred to above, a contract may be executed between the employee and the Borough setting forth that the employee shall reimburse the Borough for moneys they may receive for temporary disability under workman's compensation or from a legal settlement of judgment against the person or persons responsible for the injury.
Maternity leave without pay may be granted for a period of six months, provided that the request for such leave is made in writing to the Personnel Committee. This shall also be approved by the Borough Council. This request may be made by either a male or female employee for the birth or adoption of a new baby. Sickness due to pregnancy shall be covered under sick leave.
All employees, upon written application setting forth the reasons, may be granted a leave of absence without pay for a maximum period of three months. This request must be in writing and directed to the Personnel Committee. It must have the approval of Borough Council. Further leave, in exceptional cases may be granted by the Borough where it is in the public interest.
Employees who are on a paid leave of absence, will have their health benefits and life insurance coverage continue in force and paid by the Borough for up to one year. Thereupon it will be the employee's responsibility to pay the premiums directly to the Borough prior to the first day of the month to be covered.
Employees on leave of absence without pay may elect to pay for the benefits as allowed by the carriers. The payment shall be made 30 days in advance so as to coincide with the billing period as established by the carriers. In accordance with COBRA regulations, the Borough will assess a 2% administrative fee.
All full-time employees shall be permitted two personal days per year. Those days will be permitted to be taken during the calendar year and shall not be cumulative.
Leave with pay, not to exceed three days shall be granted to an employee in the event of death of an immediate family member. The term "immediate family member" for the purpose of this section shall include:
The Borough, to encourage efficiency and economy in government and to reward individual employees for meritorious performance, suggestions and service, has implemented an Awards Committee. This committee is charged with the responsibility of overseeing this program.
The awards programs may include any or all of the following:
Employees shall not accept outside employment or engage in outside business activities without the prior approval of the Borough Council. Applications for permission to accept outside employment shall be made in writing to the employee's supervisor or to the Personnel Committee.
The applicant shall set forth pertinent information concerning the type of employment to be engaged in, the name and address of the prospective employer, and the hours of such employment.
No application for permission to accept outside employment or engage in outside business activities shall be approved by the Personnel Committee, if in the Personnel Committee's judgment, there is any reasonable probability that such outside employment will interfere with an employee's performance or compromise an employee's position with the Borough through a conflict of interest or working hours.
The Borough believes that training is an integral function of management and an essential requirement for all employees to promote acceptable and increased levels of competence. Therefore, employees shall be encouraged to:
Keep abreast of changes occurring in their occupation.
Participate in development activities in order to perform more efficiently in current and future assignments. These development activities may include on-the-job training and classroom training which shall be during regular working hours or if otherwise, compensated for at appropriate rate of pay.
Utilize and share with fellow employees new skills acquired through training.
The Borough may authorize attendance at seminars and programs. All courses required or authorized may be paid in advance by the employee. Attendance is required and an evaluation form and/or summary of the course is to be provided to the Borough Council or the Personnel Committee before reimbursement can be made for charges incurred.
An employee is considered on "travel status" while at, enroute to, or returning from a destination which requires lodging for at least one night away from home. While on travel status, the employee will be allowed the following:
Meals. Maximum will be $35 per diem, with employee being paid according to receipts.
Travel Vehicle. Thirty ($.30) cents per mile Tolls, Parking
Lodging. Will be at the lowest available first rate single room.
All registration fees exceeding $50 are authorized for advance payment. In the event of cancellation, the employee is responsible for obtaining reimbursement to the Borough within 15 days of cancellation.
Vouchers will be submitted according to the current purchasing procedures and all fees and registrations will be reimbursed to the employee after this process has been completed and employee submits the required reports regarding such attendance.
A written report will be submitted to the employee's supervisor and/or Borough Council detailing the purpose of the trip. If a seminar or convention was attended, points of interest and information learned or obtained should be contained in the report. It is noted that the purpose of attending such programs is to not only enhance the employee's subject knowledge, but to share the knowledge with the other interested Borough employees.
The Borough offers medical insurance to all Borough Employees and their dependents through the Monmouth/Ocean County Health Insurance Fund. This benefit is not mandatory to take. This is not a contributory plan. All permanent employees working in excess of 20 hours or more are eligible to apply for coverage.
The Borough Council has agreed to offer and provide the same medical benefit coverage for all present and future Borough Council members and Mayor. This coverage will be paid in full by the council member or Mayor one month in advance with no fees being assessed for processing.
Presently, the waiting period for all new Borough employees is two months.
This issue will be discussed during the 1996 budget process.
This issue will be discussed during the 1996 budget process.
All Borough employees covered under the Public Employees' Retirement System or the Police and Fire Retirement System shall be governed by the requirements and provisions of the systems relating to retirement benefits.
The employee should notify the Borough Council, in writing, at least three months before planned retirement of their intentions. The employee should apply to the Public Employees' Retirement System for pension benefits at a minimum of six months prior to his/her planned retirement.
Disciplinary action shall be handled only in accordance with the Borough Council's regulations and policies and the general law. The final appeal for all disciplinary action shall be only to the Borough Council. It is noted, however, that any employee shall have any and all rights granted to them by Statute for any further appeals that may be available beyond the Borough Council's decision.
No employee shall be suspended or dismissed without the approval of Borough Council.
Discipline will be according to the following schedule:
Informal, verbal reproof.
Suspension from duty.
All reprimands and notices of disciplinary action, except informal, verbal reproof, must be retained in each person's folder in the clerk's office.
When any disciplinary action is taken, the employee will be served with a written notice citing the charges and will be given the right to reply, either personally or in writing, to the official signing the letter of charges. The letter of charges will also include information as to all grievance and appeal rights.
In any hearing concerning a grievance or disciplinary action, the employee may be represented by an attorney of his/her choice. All employees shall have the right to a hearing before the Personnel Committee. Such Borough hearings shall be commenced as soon as possible and no later than 30 days after service of a copy of the charges. An employee has the further right of appeal to the Borough Council who will have the power to affirm, revoke, or modify the action taken by the Personnel Committee. Suspension or removal of the Police Department will be governed by their current contract and the rules and regulations adopted by Borough Council.
All hearings will give consideration to the following:
Any of the following infractions, but not limited thereto, may be cause for removal, suspension, demotion, written or verbal reprimand, subject to approval of the Personnel Committee and/or the Borough Council:
P.L. No. 548 Chapter 381 of the Laws of New Jersey of 1985 requires that employers adopt a smoking policy. In addition, the Surgeon General of the United States has determined that smoking and tobacco is dangerous to your health. The Borough recognizes the right of individuals working or visiting the Borough to work or visit in an environment reasonably free of a dangerous or harmful atmosphere. Therefor, the following policy shall pertain to all Borough buildings:
No smoking is permitted inside any Borough building. Smoking is permitted outside of the buildings and ash canisters have been placed near the entrance ways to accommodate all those wishing to smoke.
In compliance with a Drug Free Workplace Act of 1988 (Pub. L. 100-690, title V Subtitle D), the Borough of Allentown, County of Monmouth, State of New Jersey, has established the following policy:
Drug and alcohol screening is performed as part of the Borough's Pre-Employment Physical.
The manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace.
Each employee shall abide by the terms of this statement and must notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.
The Borough of Allentown has developed a drug free awareness program for all its employees and each employee is given a copy of the Drug Free Workplace regulations. The Drug Free Awareness Program is sponsored in conjunction with the Municipal Drug Alliance.
In the event that an employee is called to jury duty, they will be granted time off as the court requires. Absence from work will not be counted against regular vacation period or sick leave accumulation. The employee will be paid only for that time actually required to serve on jury duty and if there are times the employee is not scheduled for jury duty, then in that case, they must report for work.
Remuneration will be made to the employee at their rate of pay minus any payment made to them from the court.
The Borough of Allentown believes that each employee has the right to be free from harassment because of age, color, creed, national origin, or sex. Sexual harassment is defined as follows:
Unwelcome physical contact;
Sexually explicit language or gestures;
Uninvited or unwanted sexual advances; or
An offensive overall environment, including the use of vulgar language, the presence of sexually explicit photographs or other materials, and the telling of sexual stories.
Sexual harassment can come from superiors, fellow employees or residents being serviced by Borough employees. Men as well as women can be victims of sexual harassment. The Borough of Allentown cannot stress enough that IT WILL NOT TOLERATE ANY FORM OF SEXUAL HARASSMENT.
All complaints regarding sexual harassment should be brought to the manager's attention. The manager is responsible to investigate the matter. If the allegation is sustained, the responsible employee will be disciplined according to the actions outlined in this policy.
Should the complaint be against a manager, the matter would be brought to the attention of the Personnel Committee who will act according to the actions outlined in this policy. If, at any point in this process, the employee is dissatisfied with the investigation being conducted, the employee is to bring the matter to the attention of the Mayor and Borough Council.