Editor's Note: The adoption for the Township of Holmdel of the provisions of the Civil Service Act of the State of New Jersey was approved by the voters at an election held November 6, 1962.
Schedule 1: A list of employees in the Township of Holmdel with their dates of appointment, salary and title; and their proposed status, title and divisional classification.
Schedule 2: Class specifications in alphabetical order, including definitions, examples of work, educational and experience requirements, and knowledge and abilities.
Schedule 3:
1. 
Alphabetical list of titles of lull-time positions in the classified service with proposed salary ranges and divisional classifications.
2. 
An alphabetical list of titles of part-time positions in the classified service with divisional classifications.
3. 
A schematic list of titles of full-time positions in the classified service with proposed salary ranges.
4. 
A descending list of titles by proposed salary ranges divided into salary increments of full-time positions in the classified service.
5. 
An alphabetical list of titles in the unclassified service with the statutory or other provisions placing the position in the unclassified service.
[1976 Code § 3-1]
The following classes of positions, duties of which are set forth as part of this section by reference to the three separate and distinct schedules prepared by the New Jersey Civil Service Commission, are hereby created.
[1976 Code § 3-2]
The salary ranges setting forth annual increments specified in the attached schedules are hereby adopted as and for each and every class of position mentioned in the schedules, and the increment payments contained therein are contingent on the availability of funds.
[1976 Code § 3-3]
The Township Committee does reserve the right to pay a salary to any new employee at any figure given in the schedules affecting the new employee and not necessarily the first figure of the schedules.
[1976 Code § 20-1]
Pursuant to N.J.S. 40:46-23, the Township Committee shall, by annual ordinance, fix and determine the salaries, wages or compensation to be paid to each officer and employee of the Township.
[Ord. No. 2017-23]
a. 
Effective January 1, 2018, all full-time and part-time Township employees shall be paid only by direct deposit, in conformance with N.J.S.A. 52:14-15f(b).
b. 
Pursuant to N.J.S.A. 52:14-15f(b), all information concerning net pay, any accompanying information approved for distribution with net pay such as a pay stubs, and W-2 forms in accordance with applicable Federal laws, shall be made available to all employees only on the internet via restricted access accounts provided by the Township or an authorized third-party payroll provider.
[1]
Editor's Note: Former Section 9-3, Background Checks of Applicants for Employment, previously codified herein was replaced by Ordinance No. 2013-26, codified as Section 9-11, Criminal History Background Checks.
[Ord. No. 2004-3 § 1]
Except as hereinafter provided, the Township of Holmdel, hereinafter known as "the Township" shall, upon the request of any present or former official, employee or appointee of the Township provide for indemnification and legal defense of any civil action brought against said person or persons arising from an act or omission falling within the scope of their public duties and where such indemnification and legal defense is within the authority of the Township under State law.
[Ord. No. 2004-3 § 2]
The terms of this section and the definition of official, employee and appointee are to be construed liberally in order to effectuate the purposes of this section except that these terms shall not mean a) any person who is not a natural person; b) any person while providing goods or services of any kind under any contract with the Township except an employment contract; c) any person while providing legal or engineering services for compensation unless said person is a full-time employee of the Township; and d) any person who as a condition of his or her appointment or contract is required to indemnify and defend the Township and/or secure insurance.
The Township shall provide for defense of and indemnify any present or former official, employee or appointee of the Township who becomes a defendant in a civil action if the person or persons involved a) acted or failed to act in a manner in which the Township has or had an interest; b) acted or failed to act in the discharge of a duty imposed or authorized by law; and c) acted or failed to take action in good faith. For purposes of this section, the duty and authority of the Township to defend and indemnify shall extend to a cross-claim or counterclaim against said person.
[Ord. No. 2004-3 § 4]
The Township shall not indemnify any person against the payment of punitive damages, penalties, or fines, but may provide for the legal defense of such claims in accord with the standards set forth herein. The Township may refuse to provide for the defense and indemnification of any civil action referred to herein if the Holmdel Township Committee determines that a) the act or omission did not occur within the scope of a duty authorized or imposed by law; b) the act or failure to act was the result of actual fraud, willful misconduct or actual malice of the person requesting defense and indemnification; c) the defense of the action or proceeding by the Township would create a conflict of interest between the Township and the person or persons involved; or d) where the legal action or proceeding is initiated by the person seeking defense and indemnification.
[Ord. No. 2004-3 § 5]
In any other action or proceeding, including criminal proceedings, the Township may provide for the defense of a present or former official, employee or appointee, if the Holmdel Township Committee concludes that such representation is in the best interest of the Township and that the person to be defended acted or failed to act in accord with the standards set forth in this section. The Township shall have the right to set conditions and limitations on any decision to provide for such defense.
[Ord. No. 2004-3 § 6]
Whenever the Township provides for the defense of any action set forth herein and as a condition of such defense, the Township may assume exclusive control over the representation of such persons defended and such person shall cooperate fully with the Township.
[Ord. No. 2004-3 § 7]
The Township may provide for the defense pursuant to this section by authorizing its attorney to act in behalf of the person being defended or by employing other counsel for this purpose or by asserting the right of the Township under any appropriate insurance policy that requires the insurer to provide defense.
[Ord. No. 2004-3 § 8]
No person shall be entitled to indemnification or defense pursuant to this section unless within 15 calendar days of his or her receipt of the summons, complaint, notice, demand or other pleading, the individual provides the original or a copy thereof to the Township Clerk.
[Ord. No. 2004-02 § 1]
The Township Committee shall by ordinance establish titles for public employment by the Township of Holmdel and salary ranges for Township employees. (Said titles shall conform to the New Jersey Civil Service Act and regulations promulgated by the New Jersey State Department of Personnel.)
[Ord. No. 2004-02 § 2]
The Township Committee shall by resolution adopt and amend from time to time personnel policies and procedures including rules concerning the hiring and termination of employees, terms and conditions of employment, and regulations required to comply with applicable Federal and State employment related law. The personnel policies and procedures adopted pursuant to said resolution(s) shall be applicable to all officials, appointees, employees, and prospective employees of the Township. Where specifically noted these policies and procedures will also apply to volunteers and independent contractors.
[Ord. No. 2004-02 § 3]
The Township Administrator shall be responsible to implement and enforce the personnel practices adopted by ordinance or resolution authorized pursuant to this section. If there is a conflict between said personnel practices and any duly adopted and lawful collective bargaining agreement, personnel services contract or Federal or State law, the terms and conditions of that contract or law shall prevail. In all other cases, the practices adopted pursuant to this section shall prevail.
[Ord. No. 2009-09 § I]
a. 
Purpose. The purpose of this section is to comply with N.J.S.A. 43:15C-2 and the guidelines promulgated by the New Jersey Department of Community Affairs, Division of Local Government Services, as set forth in Local Finance Notice 2008-10 requiring that local governing bodies adopt an ordinance identifying positions eligible for membership in the Defined Contribution Retirement Program (DCRP) as established by N.J.S.A. 43:15C-1 et seq. and those positions which are eligible for membership in the Public Employees Retirement System (PERS).
b. 
Pension Certifying Official. The Township's Chief Financial Officer, functioning as the Pension Certifying Official is responsible for making determinations concerning enrollment in PERS and DCRP, subject to review by the New Jersey Department of the Treasury, Division of Pensions and Benefits.
c. 
Positions Eligible for Membership in PERS. The following are positions or descriptions of circumstances under which a person holding a position is eligible for membership in PERS:
1. 
Positions that are a "routine" appointment by the Governing Body as set forth and explained in N.J.S.A. 43:15C-2(a)(3). For example, administrative support staff and public works rank and file staff.
2. 
Individuals holding a professional license or certificate and serving in any of the following capacities:
(a) 
Certified Health Officer.
(b) 
Tax Collector.
(c) 
Chief Financial Officer.
(d) 
Construction Code Official.
(e) 
Qualified Purchasing Agent.
(f) 
Tax Assessor.
(g) 
Municipal Planner.
(h) 
Registered Municipal Clerk.
(i) 
Licensed Uniform Subcode Inspectors.
(j) 
Person holding the certification for "Certified Public Works Manager," commonly known as "Principal Public Works Manager."
3. 
A person appointed to a temporary or interim "acting" position requiring a professional license or certification for the positions set forth in paragraph 2 above.
4. 
A person employed by the Township who is already enrolled in a PERS position, but thereafter promoted through a valid promotion to a position which would otherwise require DCRP enrollment.
5. 
An individual who was a member of PERS on or before June 30, 2007 even though appointed to a DCRP position, if such person has "continuously" been a member of PERS since that time. "Continuously" as used herein shall mean that a period of no more than two years has elapsed from the time the individual left employment in a PERS position until the time that the person was reemployed.
d. 
Positions Requiring Enrollment In DCRP. Except as otherwise described in paragraph c above, the following positions are only eligible for DCRP enrollment:
1. 
Positions that involve executive decision-making or are senior management whose hiring or appointment requires approval of the Governing Body as based on statute or ordinance. The following positions, providing they are not filled pursuant to a professional services resolution or professional services agreement and provided the employee holding such position is salaried:
(a) 
Township Administrator.
(b) 
Any Department Head.
(c) 
Municipal Attorney.
(d) 
Municipal Engineer.
(e) 
Municipal Prosecutor.
(f) 
Municipal Court Judge.
e. 
No person employed pursuant to a professional services resolution or a professional services agreement shall be eligible for enrollment in either the DCRP or PERS.
f. 
All PERS membership appointments are subject to review and approval of the New Jersey Department of the Treasury, Division of Pensions and Benefits and of the PERS Board of Trustees.
g. 
Interpretation of the Section. All interpretations of this section and application of its provisions shall be guided by and in accordance with Local Finance Notice 2008-10 and any amendments or supplements thereto.
[Ord. No. 2013-26]
As used in this section, the following terms shall have the meanings indicated:
CRIMINAL HISTORY RECORD BACKGROUND CHECK
Shall mean 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 Federal Bureau of Investigation Identification Division and the State Bureau of Identification in the Division of State Police as well as other data bases deemed appropriate.
REVIEW COMMITTEE
Shall mean a three-member committee consisting of the Mayor or designee, Township Administrator or designee and Chief of Police or designee. The Committee shall be charged with the review of all appeals of any Township employee applicant or firefighter applicant whose criminal history background check reveals a disqualifying criminal conviction.
STATE BUREAU OF IDENTIFICATION
Shall mean the entity located within the New Jersey State Police responsible for retrieving criminal background information on individuals as requested by State, local or private entities.
[Ord. No. 2013-26]
a. 
The Township of Holmdel requires that all applicants for Township employment and to serve as a Township firefighter have State Bureau of Identification ("SBI") and the Federal Bureau of Investigation ("FBI") criminal history record background checks in accordance with N.J.A.C. 13:59-1.1 et seq. as well as other data bases deemed appropriate. No person will have his/her application approved until the results of the background checks have been received and reviewed by the Township's Chief of Police or designee.
b. 
The Township shall conduct a criminal history record background check only upon receipt of the written consent for such check from the prospective employee or firefighter.
c. 
Any prospective employee or firefighter who refuses to consent to this procedure shall not progress further in the application process for becoming an employee or firefighter.
d. 
The Township shall bear the costs associated with conducting criminal history record background checks.
e. 
The SBI shall advise the Township Chief of Police of the background check results. Any information received by the Township Chief of Police shall be confidential, except for the purposes intended.
[Ord. No. 2013-26]
a. 
Prospective employees or firefighters shall submit their names, addresses, fingerprints, written consent, and any other necessary information to the Township Administrator or designee for the criminal history record background check to be performed. The Township Administrator shall submit this documentation to the Township Chief of Police, who shall coordinate the background check and refer the information to the Federal Bureau of Investigation and State Bureau of Identification and any other data bases deemed appropriate for the background check. The Township Chief of Police or designee shall be responsible for obtaining the above information for all prospective employees or firefighters. Thereafter, all information required for subsequent background checks shall be submitted to the Township Chief of Police who may coordinate criminal background checks every 24 to 36 months after the date of the initial check, at the Township or Chief of Police's discretion.
b. 
The Township Chief of Police shall act as a clearinghouse for the collection and dissemination of information obtained as a result of conducting criminal history record background checks pursuant to this section.
a. 
Access to criminal history record information for noncriminal justice purposes is restricted to the members of the Review Committee, as authorized by Federal and State Statute, rule or regulations, executive order, administrative code, local ordinance and resolution regarding obtaining and disseminating of criminal history record information obtained under this section.
b. 
The Review Committee shall limit its use of criminal history record information solely to the authorized person for which it was obtained, and criminal history record information furnished 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. Any person violating Federal or State regulations governing access to criminal history record information may be subject to criminal and/or civil penalties.
[Ord. No. 2013-26]
a. 
The Township Chief of Police shall make a recommendation as to whether the prospective employee or firefighter is being recommended.
b. 
The Township Chief of Police shall promptly notify a prospective employee or firefighter who is not recommended for the position sought. Such individuals may obtain a copy of their criminal history record by contacting the Township Chief of Police in writing. The individuals shall then have five days from the receipt of notification from the Township Chief of Police to petition the Review Committee for a review and to cite reasons substantiating the review.
c. 
Individuals who receive a letter of nonrecommendation may be permitted to serve as an employee or firefighter if they affirmatively demonstrate rehabilitation to the Review Committee. In determining whether a person has affirmatively demonstrated clear and convincing evidence of rehabilitation, the Review Committee may consider the following factors:
1. 
The nature and responsibility of the position which the convicted person would hold;
2. 
The nature and seriousness of the offense;
3. 
The circumstance under which the offense occurred;
4. 
The date of the offense;
5. 
The age of the person when the offense was committed;
6. 
Whether the offense was an isolated or repeated incident;
7. 
Any social conditions which may have contributed to the offense; and
8. 
Any evidence of rehabilitation, including good conduct in prison or the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work release programs or the recommendation of those who have had the person under their supervision.
d. 
In all instances, the final determination of whether an individual will be permitted to proceed with the employment or firefighter process will lie in the sole discretion of the Review Committee.
e. 
The Review Committee shall promptly advise the prospective employee or firefighter whether he or she is qualified to proceed with the employment or firefighter process.
f. 
The Holmdel Township Police Department shall keep the written notification on file for three years from the date it was issued.
g. 
No person or entity shall be held liable in any civil or criminal action brought by any party based on any written notification on file with the Holmdel Township Police Department pursuant to the provisions of this section.