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 § 3-5]
The adoption of this section shall operate to provide increments
only to those employees who have satisfactorily performed the duties
of their positions.
[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.
[1976 Code § 20-2]
A copy of the current Salary Ordinance and any amendments thereto
shall be filed and be available for examination in the office of the
Township Clerk.
[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.
[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.
(d) Construction Code Official.
(e) Qualified Purchasing Agent.
(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:
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 person may be disqualified from serving as an employee or
firefighter depending upon what that person's criminal history
record background check reveals as it may relate to the position sought.
[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;
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.