[1974 Code § 11-1; Ord. No. 16-78]
All full-time permanent employees, including Police, who are
disabled because of occupational injury or occupational illness shall
be governed by the provisions of this section.
[1974 Code § 11-2; Ord. No. 16-78]
Any employee who is disabled because of occupational injury
or occupational illness must, within 24 hours, notify his department
head or, if the employee has no department head, the Township Clerk.
The notification shall be in writing and shall indicate the nature
of the injury or illness and give in detail the factual account of
the occurrence.
[1974 Code § 11-3; Ord. No. 16-78]
a.
Leaves of absence granted for disability due to occupational injury
or occupational disease for a period not exceeding 30 days may be
granted by the department head or the appointing authority where the
employee has no department head.
b.
Leaves for under 30 days shall be granted in writing, and it shall
be the responsibility of the department head or the appointing authority,
as the case may be, to verify the injury or illness complained of
by requiring suitable medical verification, such as a certificate
from a reputable physician, or by sending the employee to the Township
physician or a physician designated by the Township Council for that
purpose.
[1974 Code § 11-4; Ord. No. 16-78]
a.
In those circumstances where a leave of absence for a period exceeding
30 days is requested by the employee, the employee must apply, on
forms provided by the Township Clerk, to the Governing Body for the
disability leave. Action by the Township Council must be by resolution.
The Council may grant the employee up to one year's leave of
absence, where applicable, the one year to include any previous leave
granted.
b.
The Township Council, at its option, may require the employee to
be periodically examined and may require, as a condition of the grant
of the disability leave, that a hearing be held before the Council
to determine whether sufficient facts can be established by the employee
to demonstrate his entitlement to a disability leave under the provisions
of this section, applicable civil service regulations and State Statutes.
c.
The Township reserves the right to request that the employee be periodically
examined by the Township physician or by a physician designated by
the Township Council. In any event, the employee shall, if granted
a leave of absence of one year, provide the Township Council with
a certificate of a reputable physician, at least once every three
months, of the need for continuance of the disability leave and that
the employee is unable to return to work for any sort of duty. If
this provision is not complied with, the employee will no longer be
eligible for disability leave under this section.
[1974 Code § 11-5; Ord. No. 16-78]
Any amount of salary or wages paid or payable to an employee
for disability leave shall be reduced by the amount of workmen's
compensation awarded under the New Jersey Workmen's Act for temporary
disability or from a possible legal settlement from or judgment against
the person or persons responsible for the injury. It shall be the
responsibility of the department head to enforce the provisions, and,
where necessary, an employee shall be required to execute documents
to implement this provision.
[1974 Code § 11-6; Ord. No. 16-78]
The employee may elect to utilize all or any part of the sick
leave accumulated by the employee in lieu of disability leave. In
the absence of such election, disability leaves shall not affect accumulated
sick leaves.
[1974 Code § 11-7; Ord. No. 16-78]
Where disability leave is granted by the department head or
the Governing Body, as the case may be, for a period not exceeding
30 days, or for the first 30 days of any disability leave for more
than 30 days, the employee is entitled to full pay, which shall be
reduced by the amount of any workmen's compensation benefits
or legal settlements as provided for herein.
[1974 Code § 11-8; Ord. No. 16-78]
For any disability leave granted for more than 30 days, the
employee shall be entitled to 75% of his pay for the period of the
disability leave which exceeds 30 days. All pay shall be reduced by
the amount of any workmen's compensation benefits or legal settlements
as provided for herein.
[1974 Code § 11-9; Ord. No. 16-78]
Prior to an employee returning to employment with the Township
after having been on disability leave, he shall be certified as being
able to return to work to perform such duties as the department head
or appointing authority shall determine. Such certification shall
be by the Township physician or by a physician or physicians designated
for the purpose by the department head or appointing authority, as
the case may be. The Township Council or the department head shall
have the discretion to accept the certificate, in lieu of the foregoing,
from any duly licensed physician treating the employee. The form of
this certificate shall be provided by the Township.
[1974 Code § 26-1; Ord. No. 28-82]
The Township has determined that it is desirous of establishing
a policy of limiting the appointment of relatives of members of the
Township Council to certain positions. The Township Council believes
that the nature of the position of the Township Council establishes
a high standard of conduct and that there should be no appearance
of conflict of interest.
[1974 Code § 26-2; Ord. No. 28-82]
No individual who is a member of the family or related to a
member of the Township Council shall be retained or appointed by the
Township to any unclassified or appointed position, which position
is a paying position.
[1974 Code § 26-3; Ord. No. 28-82]
As used in this section:
Shall mean and include a spouse, a parent or in-law, a grandparent
or in-law, a brother or brother-in-law, a sister or sister-in-law
and children, which shall include sons-in-law or daughters-in-law.
[1974 Code § 26-4; Ord. No. 28-82]
This provision shall, in no way, preclude the retention by the
Township Council of any eligible person on a civil service list, who
has taken a competitive examination and is otherwise qualified by
such examination to occupy a position in the Township notwithstanding
their relationship to a member of the Township Council. No citizen
shall be deprived of any equal opportunity for a governmental position;
it is intended instead to eliminate the possibility of preferential
treatment being accorded to relatives of the appointing authority.
[1974 Code § 26-5; Ord. No. 28-82]
This section shall not preclude any relatives of any members
of the Township Council from being appointed to non-paying appointed
positions and shall not affect the existing status of any employee,
nor deprive any employee of any promotional right in normal career
development.
[1974 Code § 2-24; Ord. No. 06-37-OAB § 1; Ord. No. 2013-16-OAB, § 2]
a.
All Police appointees are subject to a residency preference. The
following rules shall be applicable for employment of those individuals.
The appointing authority shall classify all the duly qualified applicants
to be filled from the following classes:
b.
The appointing authority shall first appoint all those Police applicants
in Class 1 and then those in each succeeding class in the above order
and shall appoint a person in any such class only to a vacancy remaining
after all qualified applicants in the preceding class have been appointed
or have declined.
[1974 Code § 2-106; Ord. No. 00-1-OAB §§ 1, 6]
b.
Expenses for Council members and the Mayor shall not be allowed except
where they are described in detail for particular duties or responsibilities
and, where feasible, approved in advance by Council at a public meeting.
In no case will expenses be permitted for such things as telephone
calls, local mileage, etc.
[1974 Code § 2-107]
Officers and employees of the Township shall be paid as per
the existing Salary Ordinance of the Township.
[Ord. No. 99-6-OAB]
Any Township employees who waive coverage of health benefits,
presently provided by the municipality through participation in the
New Jersey State Health Benefits Program, shall be paid $2,000 pro
rated annually in lieu of such health benefits coverage.
An employee who waives such coverage shall do so in writing
on such form as the Director of Division of Pensions and Benefits
shall prescribe and shall be filed with the Township Clerk and with
the Division.
Any employee who waives coverage shall be permitted to immediately
resume coverage if the employee so chooses.
An employee who resumes coverage shall repay, on a pro rata
basis, any amount received from the Township which represents an advance
payment for a period of time during which coverage is resumed.
An employee who wishes to resume coverage shall notify the municipality
in writing and file a declaration with the Division of Pensions and
Benefits, on such form as the Director of the Division shall prescribe,
that the waiver is revoked.
[Ord. No. 99-21-OAB § 1]
The purpose of this section is to establish a Township policy
for payment in lieu of unused sick days for municipal employees who
are not otherwise covered by a collective bargaining agreement with
the Township. No other benefits, except as set forth hereinafter,
shall accrue to the benefit of Berkeley Township employees.
[Ord. No. 99-21-OAB § 2]
Upon death or old age retirement, the Township agrees to purchase
back all accumulated, unused sick days. Payment for sick days shall
be in the form of one payment at the time of retirement. All accrued
sick leave owed to any employee at the time of his death while in
the employment of the Township shall be paid to his beneficiary or
estate.
[Ord. No. 99-21-OAB § 3]
If any individual covered by this agreement decides to voluntarily
leave his or her employment, the Township agrees to purchase back
unused and accumulated sick days based upon the following schedule.
a.
The Township will purchase back unused sick days in accordance with
the following usage by an individual:
|
Usage
|
Township Purchase
|
|---|---|
|
10% or less
|
All unused sick days
|
|
Between 10.1% and 20%
|
75% of unused sick days
|
|
Between 20.1% and 30%
|
50% of unused sick days
|
|
Between 30.1% and 40%
|
25% of unused sick days
|
|
Between 40.1% and 50%
|
10% of unused sick days
|
|
Over 50.1%
|
Township will not purchase any unused sick days
|
b.
The sick days to be calculated for purposes of this agreement shall
be the sick days accumulated by the employee from the date of his
first hire with the Township.
[Ord. No. 99-21-OAB § 4]
This section does not apply to any individual who leaves the
employ of Berkeley Township because of disciplinary proceedings filed
against him or other legal action of a similar nature. Discipline
shall be defined as published in N.J. Statutes Title 11A (Civil Service).
[Ord. No. 99-21-OAB § 5]
Valuation of days purchased back by the Township pursuant to
this section shall be as follows:
a.
Each accumulated unused sick day prior to January 1, 1986 shall be
valued at the daily rate of the employee's 1985 salary.
b.
Each accumulated unused sick day from January 1, 1986 shall be valued
at the employee's salary at the time each such sick day was earned.
c.
Employees shall utilize sick days from the reserve of accumulated
unused sick days in the order of the most recently accumulated unused
sick days.
d.
The maximum total payment shall not exceed $15,000.
[Ord. No. 99-21-OAB § 6]
No comparable benefit will be provided to employees to purchase
unused vacation, holiday or personal days.
[Ord. No. 02-56-OAB §§ 1,
2; Ord No. 03-05-OAB § 1]
a.
Adopted. The Council hereby adopts as its Personnel Handbook the
attached handbook which deals with many topics regarding employees
of the Township of Berkeley including but not limited to an equal
opportunity employment policy and sexual harassment policy; and
b.
Copies on file. Three copies of the attached handbook remain on file
with the Township Clerk at all times for availability to the members
of the general public.
[Ord. No. 05-20-OAB]
a.
For purposes of this section, a Criminal History Record Background
Check means a determination of whether a person has a criminal record
by cross-referencing that person's name and fingerprints with
those on file with the State Bureau of Identification in the Division
of State Police and the Federal Bureau of Investigation.
b.
The Township requires that, as a condition of employment with the
Township, all prospective employees, including, but not limited to,
permanent, provisional, temporary and seasonal employees, shall submit
to being fingerprinted in accordance with applicable State and Federal
laws, rules and regulations, as a condition of employment with the
Township.
c.
As a further condition of employment with the Township, all prospective
employees, including, but not limited to, permanent, provisional,
temporary and seasonal employees, shall authorize the Township, by
its duly authorized representative, to exchange fingerprint data with
and receive criminal history record information from the State Bureau
of Identification in the Division of State Police and the Federal
Bureau of Investigation.
d.
In order to obtain criminal history record information pursuant to
this section and N.J.S.A. 40:48-1.4, the Township shall submit the
fingerprint data for prospective employees to the State Bureau of
Identification in the Division of State Police. The State Bureau shall
receive all criminal history record information from the Federal Bureau
of Investigation and shall disseminate that information to the Township.
e.
The Township shall conduct a criminal history record background check
of a prospective employee only upon receipt of the written authorization
and consent to the criminal history background check from the prospective
employee. A form for the authorization and consent to said background
check shall be provided to each prospective employee upon a conditional
offer of employment. Failure to submit a fully signed and witnessed
written authorization and consent form shall be grounds to rescind
a conditional offer of employment.
f.
The Township shall bear the costs associated with conducting criminal
history record background checks.
g.
An individual shall be disqualified from serving as an employee of
the Township if that prospective employee's criminal history
record background check reveals a record of conviction of any of the
following crimes and/or offenses:
1.
In New Jersey, any crime or disorderly persons offense or petty disorderly
persons offense:
(a)
Involving danger to the person, including, but not limited to those
crimes, disorderly persons offenses and petty disorderly offenses
set forth in N.J.S.A. 2C:11-1 et seq.; N.J.S.A. 2C:12-1 et seq.; N.J.S.A.
2C:13-1 et seq.; N.J.S.A. 2C:14-1 et seq.; and/or N.J.S.A. 2C:15-1
et seq.;
(b)
Against the family, children or incompetents, including, but not
limited to those crimes and disorderly persons offenses set forth
in N.J.S.A. 2C:24-1 et seq.;
(c)
Involving arson, burglary or theft as set forth in N.J.S.A. 2C:17-1
et seq.; N.J.S.A. 2C:18-1 et seq., and/or N.J.S.A. 2C:20-1 et seq.;
(d)
Involving offenses against public administration, perjury and other
falsification in official matters, obstructing governmental operations,
misconduct in office and/or abuse of office as set forth in N.J.S.A.
2C:27-1 et seq.; N.J.S.A. 2C:28-1 et seq.; N.J.S.A. 2C:29-1 et seq.;
or, N.J.S.A. 2C:30-1 et seq.;
2.
In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the crimes, disorderly persons
offenses or petty disorderly persons offenses described herein.
h.
All prospective employees, upon receiving a conditional offer of
employment, shall submit their name, address, fingerprints and written
consent to the Township for the criminal history record background
check to be performed. All conditional offers of employment shall
be specifically subject to the prospective employee passing the criminal
history record background check, along with any other requirements
as provided by law and/or requested by the Township.
i.
Access to criminal history record background information of prospective
employees obtained under this section for employment purposes is restricted
to authorized personnel of the Township on a need to know basis, as
may be authorized by Federal or State statute, rule or regulation,
executive order, administrative code, this section and/or resolution
regarding obtaining and dissemination of Criminal History Record Background
information. Said employees are the Township Administrator, Township
Personnel Officer, Police Chief, Mayor, Township Attorney and Township
Labor Counsel and those other employees designated in writing by the
Mayor.
j.
Criminal History Record Background information shall not be disseminated
to persons or organizations not authorized to receive the records
for authorized purposes. Use of this record shall be limited solely
to the authorized purpose for which it was given and it shall not
be disseminated to any unauthorized persons. Said records are not
public records under the Open Public Records Act.
[Ord. No. 2014-24-OAB]
The purpose of this section is to establish a donated leave
program and set forth the eligibility requirements governing participation
and other certain conditions.
[Ord. No. 2014-24-OAB]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean, with respect to an employee, a life-threatening
condition or combination of conditions or a period of disability requiring
the care of a physician who provides written medical verification
of the need for the employee's absence from work for 60 or more
workdays, and/or requires inpatient or hospice health care.
Shall mean that the employee produces an acceptable written
medical verification from a physician or other health care provider
which indicates the nature, severity, diagnosis, prognosis and anticipated
duration of the disability resulting from the serious health condition
or injury.
[Ord. No. 2014-24-OAB]
The program enables employees of the Township of Berkeley to
donate, voluntarily, a portion of their earned sick time to other
employees of the Township of Berkeley who have exhausted their own
earned sick and/or vacation time and who are suffering from a serious
catastrophic health condition or injury that is expected to require
a prolonged absence from work and/or requires inpatient or hospice
health care.
[Ord. No. 2014-24-OAB]
a.
Recipient. An employee of the Township shall be eligible to receive
donated sick time from other Township employees, provided that they
meet the following criteria and requirements:
1.
Full-time employment of not less than one year of continuous service.
2.
A catastrophic health condition or injury which requires absence
from work for a prolonged period due to their own illness, and/or
requires inpatient or hospice health care.
3.
Medical verification from a physician or other licensed health care
provider indicating the nature, severity, diagnosis, prognosis and
anticipated duration of the disability resulting from the serious
health condition or injury.
4.
Exhausted all accrued leave time including compensatory time, sick
leave, vacation leave, administrative leave and any entitlements they
may have under a Township extended sick leave policy.
5.
He/she has not, in the one-year period preceding the employee's
need for the donated leave, been disciplined for chronic or excessive
absenteeism, chronic or excessive lateness or abuse of leave.
b.
Employees eligible for workers' compensation are not eligible
for this sick leave donation program.
[Ord. No. 2014-24-OAB]
A leave donor must meet the following criteria and requirements:
a.
An irrevocable donation of not more than 10 days to any one recipient
in whole days only.
b.
Solicitation and/or acceptance of any money, credit, gift, gratuity,
thing of value or compensation of any kind which is provided, directly
or indirectly, to a donor is strictly prohibited.
c.
Donor may not donate more than 50% of their earned sick time.
d.
Donors may only donate to employees within their department (under
certain circumstances, time may be donated to employees in other departments
with prior approval from the Business Administrator).
[Ord. No. 2014-24-OAB]
a.
The donated leave program shall be administered by the Township Administrator
pursuant to his/her powers and duties delineated in the Township Municipal
Code and is subject to monitoring, audit and appropriate rules as
may be adopted by the Township of Berkeley and the State of New Jersey.
b.
Participation in the program is on a strictly voluntary basis limited
to a recipient receiving a total of not more than 180 days.
c.
Participation is subject to approval of the recipient request application
and donor transfer certification. In the event the employee is unable
to complete the recipient application form, the employee's legal
representative may complete the form on behalf of the employee. A
supervisor may also initiate this process at the request of the employee.
Notice shall be provided to all appropriate negotiation representatives
(if applicable).
d.
Upon approval of the employee as an eligible leave recipient, the
employee's name will be posted in order to give notice to all
employees who may be eligible and desirous to donate leave. The posting
will be done only with the recipient's consent. If the employee
is unable to consent, his/her family may consent on behalf of the
employee.
e.
The donor's leave account will be reduced by the number of days
that are to be donated.
f.
If several employees donate leave time to the same coworker, the
Township Administrator will transfer one day from each donor in order
of the date received.
g.
The eligible recipient's leave account will be credited with
the donated time upon approval of the recipient request form. The
recipient may receive days from more than one donor to a maximum of
180 days.
[Ord. No. 2014-24-OAB]
Any unused, donated leave time shall be credited to the leave
donors on a prorated basis upon the leave recipient's return
to work. However, any portion that would amount to less than one day
per donor will not be returned.
[Ord. No. 2014-24-OAB]
The leave recipient shall continue to accrue sick leave and
vacation time while using donated leave time. However, the recipient
shall utilize any additional accrued sick leave or vacation time prior
to using any donated time.
[Ord. No. 2014-24-OAB]
Upon retirement, the leave recipient shall not be granted supplemental
compensation on retirement for any unused sick leave he/she received
through the donated sick leave program.
