[1982 Code § 15-1; Ord. #605; Ord. #92-798]
Subject to the limitations set forth in the subsequent provisions
of this section, whenever any civil action shall be brought against
any person, hereinafter referred to as "employee," holding any office,
position or employment with the Borough of Tinton Falls for any action
or omission arising out of or in the course of the performance of
the duties of such office, position or employment, the Borough shall
defray all costs of defending such action, including reasonable counsel
fees and expenses, together with costs of appeal, if any, and shall
save harmless and protect such person from any financial loss resulting
from the litigation. The Director of Law shall represent the affected
Borough employee; however, if the Director of Law is unable to do
so by virtue of conflict or other reason, then the Borough Council
shall engage another attorney to act in such capacity.
[1982 Code § 15-2; Ord. #605; Ord. #92-798]
The Borough shall not defray the costs of defending any criminal
action against any municipal employee except as may be authorized
by State Statute or other municipal ordinance or resolution of the
Borough, and, in those circumstances, the responsibility for defraying
the costs of defending such employee shall be applicable only when
such criminal proceedings shall have been dismissed or if the employee
is found not guilty. However, should the Borough determine that there
is a good cause to dismiss the employee arising out of the incident
or related incidents of the criminal prosecution, the Borough will
not reimburse the employee or official for legal defense and costs
of defending the suit even though criminal proceedings against the
employee may be dismissed or the employee be found not guilty.
[1982 Code § 15-3; Ord. #605; Ord. #92-798]
The obligation of the Borough of Tinton Falls to defend and
indemnify its employees for acts or omissions arising out of or in
the course of the performance of the duties of that person shall be
limited to those circumstances under which the acts of its employees
were within the scope of the responsibilities of said officer or employee.
[1982 Code §§ 20-1 - 20-5, 20-9 - 20-14; Ord.
#337; Ord. #339; Ord. #89-697; Ord. #92-786; Ord. #92-798]
The conduct and activities of the officials and employees of
the Borough of Tinton Falls shall be regulated by the Local Government
Ethics Law in accordance with N.J.S. 40A:9-22-1 et seq.
[1982 Code § 42-1; Ord. #418; Ord. #92-798; Ord.
#00-1039, § 1]
Employees shall be classified and defined as follows:
a.
Full-Time Regular. Employees who work a full week on a regular basis
as that full week is defined in the respective department.
b.
Part-Time Regular. Employees who work less than 35 hours per week
on a regular basis as those hours are defined in the respective department.
c.
Temporary and Seasonal Employees. Employees whose terms of employment
are for a limited or seasonal term and not to be continued on a regular
weekly basis throughout the year.
d.
Special Employees. Employees whose salaries are fixed by ordinance
and whose duties are prescribed and limited by said ordinance.
e.
Elected and Appointed Officials. Officials holding the position of Tax Collector and the appointed officials holding the position of department head shall be known as full-time regular employees. Elected officials holding the positions of Mayor and Council and the person holding the position of Judge of the Municipal Court are not intended to be included by Sections 9-3 through 9-11, as the procedures for obtaining the respective positions and the benefits of those positions are fixed elsewhere by Statute and ordinance.
[1982 Code § 42-2; Ord. #418; Ord. #92-798]
a.
Application procedure for all positions under subsection 9-3.1a and b, other than Police Department, shall be as follows:
1.
An application for employment form, obtained from the Department
of Administration, shall be completed by all persons applying for
positions with the Borough.
2.
Applications received shall be reviewed by the appropriate department
head who shall then forward them with recommendations to the Administrator.
3.
The Administrator shall, if desired, personally interview those applicants
who appear to be best qualified and most competent for the position,
and may select one or more, conditioned on further investigation of
references, if deemed necessary.
4.
The successful applicant shall pass a physical examination, if required,
by the Borough Physician or designated alternate, execute such documents
as are requested, and complete the necessary formalities required
for employment.
b.
The procedure for applying for a position as a police officer shall
be as set forth in the Police Ordinance No. 152, as supplemented and
amended, and as further defined in a resolution of June 4, 1964, as
supplemented and amended.
[1982 Code § 42-3; Ord. #418; Ord. #92-798]
Employees receiving an appointment as a full-time regular or
a part-time regular employee must serve a probationary or working-test
period of six months, except police officers, who shall serve two
years on probation. This period is part of the testing process, during
which time the work performance and conduct of an appointee are evaluated
to determine retention on the payroll. Employees will be given official
notification as to the successful or unsuccessful completion of the
probationary period, and appointment or rejection shall be by written
notice.
[1982 Code § 42-4; Ord. #418; Ord. #92-798]
No temporary hourly or part-time officers or employees shall
be engaged by the department head of any department unless the same
shall have first been approved by the Department of Administration.
[1982 Code § 42-5; Ord. #418; Ord. #92-798; Ord.
#00-1039, § 1]
All offices shall be open for business and staffed from 8:30
a.m. to 4:30 p.m., Monday through Friday, except for the Police, Road,
Sanitation and Building Departments, which shall work according to
a schedule established by the department head, unless modified by
Executive Order of the Mayor.
[1982 Code § 42-6; Ord. #418; Ord. #92-798]
The department head shall report time and attendance to the
Department of Administration each week, and said records shall be
maintained by the Department of Administration. Department heads shall
have access to the records for their department only. Such records
shall include dates of appointment and promotions, job titles, salaries,
commendations, disciplinary actions and leaves. The personnel records
of employees shall be made available for their inspection, upon request.
Personnel files shall be classified as "confidential" and available
for inspection only by authorized personnel.
[1982 Code § 42-7; Ord. #418; Ord. #92-798]
Employees must notify their department head of any absence from
duty. The report shall be made in advance of the working day, if possible.
If notice is not given until the working day, it shall be given as
early as possible, by telephone.
[Ord. #92-798; Ord. #00-1039, § 1]
Full-time management employees shall be eligible to take compensatory
time off subject to availability and approval of the appointing authority
for time worked in excess of the normal work week. If said accumulated
compensatory time is not taken, it shall be irrevocably lost without
the obligation of the Borough to compensate the individual further.
[1982 Code § 42-9; Ord. #418; Ord. #92-798]
Except in the event of an emergency, no overtime shall be permitted
without approval by the department head. The department head shall
note and certify on all payroll reports the amount of overtime earned.
[Ord. #92-798]
The Mayor or, in the Mayor's absence, the Administrator
or other senior official as fixed by statute, shall have the authority
to close Borough Hall due to emergency conditions before or during
working hours and the affected employees shall receive regular compensation
for that day. All employees in the Department of Public Works and
Department of Public Safety are considered essential and must report
for duty as required by their department heads irrespective of the
closing of Borough Hall by the action of the Mayor. The office of
the Clerk of every Municipal Court shall be open to the public for
the transaction of all business of the Court on days and during hours
fixed by the Judge or presiding Judge thereof, subject to the approval
of the Administrative Director of the Courts.
[Ord. No. 2018-1433]
a.
Commencing December 29, 2018, all full-time and part-time Borough
employees shall be paid by direct deposit only, in conformance with
the provisions of N.J.S.A. 52:14-15f.
b.
Temporary and seasonal employees, excluding Borough crossing guards,
may be exempted from this policy at the discretion of the Borough
Administrator, as administratively necessary, taking cost and other
factors into consideration.
c.
Pursuant to N.J.S.A. 52:14-15f, all information concerning net pay,
any accompanying information approved for distribution with net pay
such as 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 Borough or an authorized
third-party payroll provider.
[1982 Code § 42-11; Ord. #418; Ord. #92-798]
Employees who have acquired regular employment status may be
temporarily separated by layoff or suspension or be permanently separated
by resignation or dismissal, as more particularly set forth in this
section.
a.
Layoff. Whenever there is a lack of work or a lack of funds requiring
a reduction in the number of employees in a department, the required
reductions shall be made in such job classification or classifications
as the Mayor may designate in consultation with the department head.
Employees shall be laid off in the inverse order of their length of
service. Within each affected job class, all temporary employees shall
be laid off before probationary employees, and all probationary employees
shall be laid off before permanent employees. Employees so affected
shall be given a minimum of two weeks' notice or two weeks pay
in lieu thereof.
b.
Suspension.
1.
The Mayor may temporarily suspend an employee with or without pay
when, in the opinion of the Mayor, the disciplinary charges pending
against an employee are sufficiently serious. The temporary suspension
shall remain until rescinded by the Mayor.
2.
The Mayor may, following a hearing, impose disciplinary action of
suspension when the employee's work performance or conduct justifies
such penalty but does not warrant dismissal. The following actions,
individually or collectively, may be levied against the employee:
3.
The causes sufficient for suspension shall be as set forth in paragraph
d hereof.
c.
Resignation. Employees may resign from their position by tendering
a written resignation to their department head who, in turn, shall
forward it to the Mayor or Administrator. Unless there are disciplinary
charges pending or contemplated against the employee, the Mayor or
Administrator shall notify the employee, in writing, of acceptance
of their resignation in good standing. Employees shall give their
notice of resignation not less than two weeks before the intended
effective date of the employee's resignation. Failure of the
employee to give notice in the proper manner and the time may result
in loss of benefits.
d.
Dismissal. An employee may be dismissed from the service of the municipality
for cause. The causes sufficient for removal from the employment of
the Borough shall be one or more of the following:
1.
Neglect of duty.
2.
Absence without leave or failure to report after authorized leave
has expired or after such leave has been disapproved or revoked.
3.
Incompetency, inefficiency or incapacity in the performance of duties.
4.
Inability to satisfactorily perform assigned duties.
5.
Insubordination or serious breach of discipline.
6.
Intoxication or use of illegal substance while on duty.
7.
Conviction of a crime, which shall be defined as being an offense
which carries a penalty fixed by statute of one year or more in a
penal institution or a fine of $1,000 or more, or both. It is intended
that all crimes, higher than a 4th degree crime, shall come within
this definition.
8.
Disobedience of the established departmental rules and regulations.
9.
Such conduct during working hours as is unbecoming of a public employee.
10.
Chronic or excessive absenteeism.
11.
Chronic or excessive tardiness.
[1982 Code § 42-12; Ord. #418; Ord. #92-798]
All full-time regular and part-time regular employees shall receive a severance pay of two weeks upon termination of their employment by the Mayor. If termination is by reason of dismissal under subsection 9-6.1d, the Mayor may deny severance pay to the employee.
[1982 Code § 42-14; Ord. #418; Ord. #92-798]
[1982 Code § 42-15; Ord. #418; Ord. #92-798]
a.
Requests for Leave of Absence. All requests for leave of absence
shall require the approval of the Mayor/Administrator, except sick
leave, court leave or death leave, as hereinafter defined. A request
for any type of leave shall be made sufficiently far in advance of
the intended date of separation to permit approval by the Mayor/Administrator
to make adequate arrangements to avoid loss of municipal services.
b.
Leave Without Pay. Leave without pay shall be granted only to full-time
regular and part-time regular employees. It shall be granted when
employees are seeking a leave of absence for illness and have exhausted
their accumulated sick and vacation leave or are seeking leave other
than for illness and have exhausted their vacation leave. Written
request for leave without pay must be initiated by the employee, favorably
approved by the department head and approved by the Mayor/Administrator
to be effective. Such leave shall not be approved for a period longer
than three months at one time. The leave may be extended for an additional
period upon written application and approval by the Mayor/Administrator.
c.
Leave may also be granted in accordance with the "New Jersey Family
Leave Act" — N.J.S.A. 34:11 B-1.
[1982 Code § 42-16; Ord. #418; Ord. #92-798]
a.
Holidays. The following days are considered as holidays. All employees,
except those covered by contracts, shall be excused from performing
services on these days and shall receive their regular salary as though
services were performed.
All employees shall receive credit for a day off for the following
11 holidays:
b.
Employees not covered by contract shall be entitled to two floating
days off, one of which is in lieu of Martin Luther King Day. New employees
must have a minimum six months service credit within the calendar
year before they are eligible for this benefit in the calendar year.
Temporary employees and part-time employees are not eligible for this
benefit.
c.
If a holiday falls on a Sunday, it is ordinarily observed on the
following Monday. If the holiday falls on a Saturday, it is ordinarily
observed on the previous Friday.
d.
Employees working in the offices of the Department of Public Works
will observe those holidays observed by the Public Works unit.
e.
Personal Leave Days. (Unless covered by contract)
1.
Each employee shall be entitled to two personal leave days annually,
without loss of pay.
2.
Personal leave days may not be accumulated or carried from year to
year. The parties shall make every effort to cooperate in order that
these days will be scheduled during the course of the year.
3.
Personal leave days shall be requested in writing five days in advance
of the day, except in the case of an emergency. A reply to the request
shall be provided two days after the request, in writing.
4.
In the event that two or more employees request the same personal
leave day, that employee with the greater seniority shall have first
priority to the day requested.
5.
New employees must have a minimum of six months service credit within
the calendar year before they are eligible for this benefit in the
calendar year.
6.
Temporary employees and part-time employees are not eligible for
this benefit.
[1982 Code § 42-17; Ord. #418; Ord. #92-798]
a.
All employees not covered by contracts shall be entitled to the following
vacations:
|
Years of Service
|
Weeks of Vacation
|
|---|---|
|
All employees other than police officers:
| |
|
Less than 1 year
|
0
|
|
1 through 5 years
|
2 weeks
|
|
6 through 15 years
|
3 weeks
|
|
16 or more years
|
4 weeks
|
|
NOTE: The Police Chief shall be entitled to the vacation schedule
as negotiated in the Superior Officer's Contract.
|
b.
The vacation shall be taken in the year earned. Vacation time may
not be accrued without the prior written approval of the Mayor or
Administrator. Scheduling of the date of vacation shall be coordinated
by the employee's department head.
c.
Compensation shall not be allowed in lieu of unused vacation without
the prior consent of the Mayor or Administrator. It is desired that
each employee take advantage of the annual vacation period for health,
rest, relaxation and pleasure.
[Ord. #92-798]
a.
Regular full-time employees who lose time from their job because
of jury duty as certified by the Clerk of the Court shall be paid
by the Borough the difference between their daily base rate of pay
(up to a maximum of eight hours) and the daily jury fee, subject to
the following conditions:
1.
Employees must notify their department head immediately upon receipt
of a summons for jury service.
2.
The employee has not voluntarily sought jury service.
3.
The employee is attending jury duty during other time off from Borough
employment.
4.
The employee submits adequate proof of the time served on the duty
and the amount received for such service.
[1982 Code § 42-19; Ord. #418; Ord. #92-798]
a.
Court Leave for Benefit of Municipality. "Court leave" is the authorized
absence, without loss of compensation, of Borough employees from their
official duty for attending court as a witness for the Borough. The
court appearance shall be considered normal duty time and shall be
paid on that basis.
b.
Court Leave for Personal Reasons. Appearance in court for personal
reasons of the employee without being subpoenaed in behalf of the
Borough is a private matter and chargeable to personal leave. If employees
are subpoenaed as a witness by a third party in a matter where the
Borough is not a party, their appearance in court shall be an authorized
leave and they shall not sustain a loss of compensation, but they
shall supply the department head and Department of Administration
with a copy of the subpoena.
[1982 Code § 42-20; Ord. #418; Ord. #92-798; Ord.
#97-958, § 1]
All employees of the Department of Public Safety shall be given
free physical examinations each year by the physician(s) designated
by the Borough and are required to take them.
[Ord. #92-798; Ord. #10-1296; Ord. #12-1354]
a.
Not withstanding any collective bargaining agreement or contract
to the contrary, the Borough shall offer a health insurance program
for all eligible full-time regular employees who have been employed
by the Borough for a period of more than two months, which shall include
coverage for hospitalization, medical-surgical and major medical and
shall be provided to conform with contractual employees. No part-time,
contract employee or elected official shall be eligible for health
insurance offered by the Borough.
b.
Notwithstanding any collective bargaining agreement or contract to
the contrary, any eligible employee participating in the Borough's
health insurance program shall contribute a total of 2.5% of their
base salary for the receipt of such benefits.
[Ord. #00-1039, § 1; Ord. #10-1296]
a.
Notwithstanding any collective bargaining agreement or contract to
the contrary, the Borough shall provide health benefits for all eligible
full-time regular employees who retire with 25 or more years of service
credited in the pension system and for those approved for disability
retirement under the provisions of Chapter 88, P.L. 1974.
b.
Notwithstanding any collective bargaining agreement or contract to
the contrary, any eligible Borough retiree continuing participation
in the Borough's health insurance program shall contribute a
total of 1.5% of their pension for the receipt of such health benefits.
[Ord. #10-1291; Ord. #10-1294]
Incentives for the waiver of health benefits coverage for eligible
Borough employees shall be permitted pursuant to N.J.S.A. 52:14-17.31a
as follows:
a.
Borough employees who are eligible for health benefits coverage are
permitted to waive such coverage and receive consideration for such
waiver in the amount of 25% of the annual premium or $5,000 whichever
is less, if the employee can demonstrate that they have alternative
coverage through the completion of a SHBP waiver form.
b.
Borough employees who have waived health benefits coverage may reinstate
such coverage in the event that they can demonstrate, by notice in
writing, that their alternative coverage has been terminated. An employee
who resumes coverage shall repay, on a pro rata basis, any amount
received from the employee which represents an advance payment for
a period of time during which coverage is resumed.
c.
The health benefits waiver incentive shall not apply to any retiree.
d.
The health benefits waiver incentive shall not apply to any part-time,
elected or appointed official who may be eligible for SHBP participation
in the Borough.
e.
Any eligible employee who has waived health benefits coverage may
reinstate such coverage for any reason during open enrollment periods
even if alternative coverage remains available to them.
[Ord. #92-798; Ord. #00-1039, § 1; Ord. #12-1352]
Unless covered by contract, the schedule set forth below shall
provide additional compensation, based upon years of service, to all
qualified employees hired prior to December 31, 1991, above that which
is fixed by the Mayor:
|
Years of Service
|
Longevity Benefit
(% of base salary)
|
|---|---|
|
All employees other than police officers
| |
|
1 through 5 of continuous service
|
None
|
|
6 through 10 of continuous service
|
3%
|
|
11 through 15 of continuous service
|
5%
|
|
16 through 20 of continuous service
|
7%
|
|
21 through retirement of continuous service
|
9%
|
|
NOTE: The Police Chief shall be entitled to the longevity schedule
as negotiated in the Superior Officer's Contract.
|
All employees hired after January 1, 1992, shall be on a flat
rate longevity schedule. Effective January 1, 2001, the following
longevity schedule is in effect:
|
Years of Service
|
Longevity Benefit
|
|---|---|
|
1 through 5
|
None
|
|
6 through 10
|
$750
|
|
11 through 15
|
$750 Cum. $1,500
|
|
16 through 20
|
$750 Cum. $2,250
|
|
21 through 25
|
$750 Cum. $3,000
|
|
26 to retirement
|
$750 Cum. $3,750
|
1.
Longevity
Pay Eliminated. Notwithstanding the provisions of any duly adopted
collective bargaining agreement to the contrary, no Borough employee
hired after January 1, 2013 shall be entitled to any longevity pay.
[1982 Code § 42-23; Ord. #418; Ord. #92-798]
Unless modified by State Statute, all employees earning over
$1,500 per year are required to enroll in the Public Employees'
Retirement System or, if applicable, the Police and Firemen's
Retirement System.
[Ord. #08-1249, §§ 1 - 4]
a.
Eligibility. Pursuant to N.J.S. 43:15C-2, and effective for those
persons assuming the following positions on or after July 1, 2007,
subject to paragraph c herein, the following positions are deemed
to be eligible for and shall participate in the Defined Contribution
Retirement Program:
b.
Exemptions. Individuals serving in the following positions are exempt
from Defined Contribution Retirement Program membership, pursuant
to N.J.S. 43:15C-2:
c.
Additional Exemptions. If an individual is appointed to one of the
positions listed in paragraph a and the individual is not serving
in a position as described in paragraph b above, the Pension Certifying
Officer of the municipality may determine that the individual is not
required to join the Defined Contribution Retirement Program if that
individual:
1.
Was an active participant in the Public Employee Retirement System
on July 1, 2007 and continuously since that time; or
2.
Has been appointed pursuant to a valid promotional process; or
3.
Is appointed on a temporary, interim, or "acting" basis to a position
requiring State Certification as set forth in paragraph b herein,
and is in pursuit of the required certification; or
4.
Meets such other exceptions that may be approved by the Local Finance
Board or the Division of Pensions and Benefits.
d.
Implementation. This subsection shall be implemented, construed and
subject to the aforesaid Chapter 92 of the Laws of 2007 (N.J.S. 43:15C-1
et seq.) as amended from time to time, and any regulations or guidance
documents from the Local Finance Board or the Division of Pensions
and Benefits.
[1982 Code § 42-24; Ord. #418; Ord. #458; Ord.
#92-798]
Unless modified by State Statute, all employees are covered
by a group life insurance program upon enrollment in either the Public
Employees' Retirement System or the Police and Firemen's
Retirement System. The Public Employees' Retirement System covers
employees with life insurance equal to three times their annual salary,
while the Police and Firemen's Retirement System covers employees
with life insurance equal to 3 1/2 times their annual salary.
All contractual and full-time regular employees are covered by an
additional term life insurance policy in the amount of $20,000 per
person. The policy referred to in this section includes accidental
death benefits. All premiums on this policy are paid in full by the
Borough.
[1982 Code § 42-25; Ord. #418; Ord. #92-798]
a.
Any full-time regular or part-time regular permanent employee who
is a member of the National Guard, Naval Militia, Air National Guard,
or a reserve component of any of the Armed Forces of the United States
and is required to engage in field training shall be granted a military
leave of absence for the period of such training upon presentation
of such proper evidence as may be required, less credit for the compensation
received from the National Guard, Naval Militia, Air National Guard,
or reserve component of the Armed Forces of the United States.
b.
When full-time regular or part-time regular employees, not on probation,
have been called to active duty or inducted into the military or naval
forces of the United States, they shall automatically be granted an
indefinite leave of absence without pay for the duration of such active
military service, provided they do not voluntarily extend such service.
Such employees may be reinstated without loss of privileges or seniority,
provided they report for duty with the Borough within 90 days following
their discharge from military service.
[1982 Code § 42-26; Ord. #418; Ord. #92-798]
a.
In the event of death in the employee's immediate family, or
of any relative who resides with the employee, the employee shall
be granted time off without loss of pay from the day of death up to
and including the day of the funeral, but in no event shall said leave
exceed three calendar days.
b.
The "immediate family" shall include only husband, wife, child, parent,
grandparent, brother, sister, grandchild and the following in-laws:
parent, grandparent, brother, sister, and stepchild.
c.
Reasonable verification of the event may be required by the Borough.
d.
Such bereavement leave is not in addition to any holiday, day off,
vacation leave or compensatory time off falling within the time of
the bereavement.
e.
An employee may make a request of the department head, or their designated
representative, for time off to attend a funeral separate and distinct
from bereavement leave.
[1982 Code § 42-27; Ord. #418; Ord. #92-798]
No employee who is receiving full compensation from the Borough
under sick leave, death leave, temporary disability as hereinafter
defined, workers' compensation as hereinafter defined, or any
other authorized leave of absence with pay shall be permitted to hold
secondary employment and receive compensation therefor without the
prior approval of the Mayor or Administrator. If any such individual
holds secondary employment and receives compensation therefor in contradiction
of this section, the Borough shall be reimbursed by the employee to
the extent of the compensation received from the secondary employment
and, further, this shall be a basis upon which the Borough may terminate
the authorized leave status of the employee and also may initiate
appropriate disciplinary actions under the provisions of this chapter.
[1982 Code § 42-28; Ord. #418; Ord. #92-798; Ord.
#00-1039, § 1; Ord. #02-1069, § 1]
"Sick leave" unless covered by contract, shall mean paid leave
that may be granted to employees who through sickness or injury that
is non-job related have become incapacitated to a degree that makes
it impossible for them to perform the duties of their position or
who is quarantined by a physician because of exposure to a contagious
disease.
a.
To be eligible to receive regular compensation during any such period
of sick leave, the employee shall provide the following:
1.
Notify immediate superior at or before the time they would normally
begin their work. The notice shall state the nature of the illness
or injury, the inability to report to work and the probable duration
of the illness or injury.
2.
A certificate from a licensed practicing physician or dentist may
be required when absence caused by an illness or injury exceeds three
consecutive working days in duration, but shall be required when absence
caused by illness or injury exceeds five consecutive working days
in duration. If the employee has had three absences in a calendar
year due to illness or injury which may not be verifiable, the employer
may, after notice to said employee, require said certification for
the first day of all absences due to illness or injury.
3.
Employees shall not be eligible to receive their usual compensation
unless they file with their immediate supervisor the certification
required by paragraph a2 hereof, setting forth precisely the nature
of the illness or injury, the inability to work, and the probable
duration of the disability.
b.
Full-time regular and part-time regular employees shall earn sick
leave of one day per month of service in each calendar year. If the
employee did not qualify as a full-time regular or part-time regular
employee until sometime after January 1 of the calendar year, they
shall earn one day of sick leave for every 30 calendar days of that
year, commencing with the date that they received the required employment
status. Until the completion of one full calendar year (Jan. 1 —
Dec. 31) of employment, the employee shall earn 12 sick days based
on accrual, one every 30 calendar days of that year or portion thereof.
Thereafter, in each successive year, the employee shall earn the full
12 sick days on January 1.
c.
If employees do not use all of their sick days in a calendar year,
they shall be permitted to accumulate the unused days without limitation.
For buy-out purposes, the maximum accumulation is 110 days.
d.
Unless covered by contract, unless an employee is terminated for
cause or is terminated due to failure to continue employment, an employee
terminating employment shall be entitled to payment of one sick day
for every four days of unused accumulated sick leave (up to a maximum
of $7,500) if said employee is eligible for transfer or retirement
through the Public Employees' Retirement System for Service,
Early, Deferred, Ordinary Disability, or Accidental Disability Retirement.
[1982 Code § 42-29; Ord. #418; Ord. #458; Ord.
#92-798]
a.
A group policy for temporary disability for non-job related injuries
or illnesses is provided to all full-time regular and part-time regular
employees. The cost is paid in full by the Borough.
b.
In addition to the benefits payable under the group policy for temporary
disability, the Borough shall pay to the employee the difference between
their regular salary and that which they received under the group
policy for a period of time dependent upon their length of service
as set forth in the following schedule:
|
Length of Service
|
Weeks of Benefit at Full Pay
|
|---|---|
|
Less than 6 months
|
None
|
|
6 months to 1 year
|
2
|
|
2 to 5 years
|
4
|
|
6 to 10 years
|
12
|
|
11 to 15 years
|
16
|
|
16 to 20 years
|
20
|
|
21 or more years
|
26
|
c.
For employees to receive the benefits of this section, they must
complete the necessary application and be approved for payment under
the group policy maintained by the Borough. If payment is rejected
by the insurance carrier, it shall be conclusively presumed that the
employee is not entitled to the benefits set forth in paragraph b
above.
d.
The schedule set forth in paragraph b above shall not be cumulative,
so that if not exhausted in a calendar year, it shall lapse. However,
if a disabling injury shall occur in one calendar year which carries
into the next succeeding calendar year, the employee shall have the
salary continuation benefits in each year. It is specifically intended
that the number of weeks of salary continuation shall be on a calendar
basis and shall be the total sum which employees may receive in that
year, irrespective of the number of disabling injuries they may have
incurred.
e.
When employees are receiving temporary disability benefits, they
shall be responsible for payment of contributions toward the pension
system and life insurance. For convenience, the Borough will handle
the payments through payroll deductions. However, if the salary is
discontinued due to temporary disability, a leave of absence must
be requested and approved to maintain coverage under the life insurance
and membership in the pension system.
f.
All usual employee benefits will continue in effect while an employee
is receiving temporary disability benefits under this chapter.
g.
The "weeks of benefits" shall be the maximum benefits that the employee
may receive for a single accident or illness regardless of the duration
of the accident or illness and shall be the maximum benefits regardless
of the number of accidents or illnesses occurring in each year. The
benefits shall not be cumulative to the next year and shall lapse
at the end of each calendar year.
[1982 Code § 42-30; Ord. #418; Ord. #475; Ord.
#92-798]
a.
All employees of the Borough who shall sustain a disabling injury,
which shall mean an injury arising out of an accident that occurred
out of and in the course of their employment with the Borough, the
nature of which entitles the employee to receive compensation pursuant
to the New Jersey Workers' Compensation Act, N.J.S.A. 34:15-1
et seq., shall receive such benefits as are prescribed in paragraph
b of this subsection.
b.
The disabled employee shall receive from the Borough, during the
period of disability, in addition to the benefits paid directly to
the employee from the workers' compensation insurance carrier,
an amount which, when combined with the insurance payments, shall
be equal to the employee's basic weekly wage based upon length
of service according to the following schedule:
|
Length of Service
|
Weeks of Benefit at Full Pay
|
|---|---|
|
All Employees Other Than Police Officers:
| |
|
Less than 6 months
|
None
|
|
6 months to 1 year
|
2
|
|
1 to 5 years
|
4
|
|
5 to 10 years
|
12
|
|
10 to 15 years
|
16
|
|
15 to 20 years
|
20
|
|
20 or more years
|
26
|
|
Police Officers:
| |
|
Less than 6 months
|
12
|
|
6 months to 1 year
|
12
|
|
1 to 5 years
|
12
|
|
5 to 10 years
|
12
|
|
10 to 15 years
|
16
|
|
15 to 20 years
|
20
|
|
20 or more years
|
26
|
c.
The schedule set forth in paragraph b above shall not be cumulative,
so that if not exhausted in a calendar year, it shall lapse. However,
if a disabling injury shall occur in one calendar year which carries
into the next succeeding calendar year, the employee shall have the
salary continuation benefits in each year. It is specifically intended
that the number of weeks of salary continuation shall be on a calendar
basis and shall be the total sum which an employee may receive in
that year, irrespective of the number of disabling injuries the employee
may have incurred.
d.
The rejection by the workers' compensation insurance carrier
of the employee's claim for temporary disability benefits shall
be a conclusive presumption that the employee is not entitled to the
salary continuation benefits under this section.
e.
The salary continuation benefits under paragraph b of this subsection
shall only apply to that period when the employee is entitled to temporary
disability benefits under N.J.S.A. 34:15-1 et seq. It is not intended
that the qualification of the employee for permanent benefits under
this statute shall also qualify the employee for salary continuation
benefits.
f.
If an employee is 100% totally and permanently disabled as determined
by the insurance carrier rendering workers' compensation benefits
as the result of one accident while employed by the Borough, or if
the employee qualifies for benefits under the Second Injury Fund as
being 100% totally and permanently disabled pursuant to N.J.S.A. 34:15-1
et seq., or if the employee is determined to be 100% totally and permanently
disabled as a result of the odd-lot doctrine as defined by the case
law of the State of New Jersey under N.J.S.A. 34:15-1 et seq., the
employee's maximum salary continuation benefits shall be that
prescribed under paragraph b of this subsection for the year in which
the accident occurred. It is not intended that salary continuation
benefits shall apply to this employee for any succeeding year.
g.
All payments by the Borough to the disabled employee shall cease
upon termination of payment of temporary disability benefits by the
workers' compensation insurance carrier or the termination of
period of salary continuation benefits permitted by this chapter under
paragraph b of this subsection, whichever occurs first.
[1982 Code § 42-31; Ord. #418; Ord. #92-798]
Upon request of the department head, an employee applying for
sick leave benefits, temporary disability benefits or workers'
compensation benefits or on an annual basis shall be required to submit
to an examination by a physician or physicians approved by the Borough,
the cost of said examinations to be borne by the Borough.
[1982 Code § 42-32; Ord. #418; Ord. #92-798]
It is the policy of the Borough that all employees shall be
treated fairly, courteously, and with respect at all times. Similarly,
all employees are expected to accord the same treatment to their associates,
supervisors and to the general public.
[1982 Code § 42-33; Ord. #418; Ord. #92-798]
a.
Whenever an employee has a grievance, the employee should first present
it verbally, or in writing, to the employee's immediate supervisor.
It is the responsibility of the supervisor to attempt to arrange a
mutually satisfactory settlement of the grievance within five working
days after it is first presented to the supervisor, or failing in
that, the supervisor must within that time advise the employee of
the supervisor's inability to do so.
b.
When an employee is informed by the supervisor that the supervisor
is unable, within the discretion permitted, to arrange a mutually
satisfactory solution to the grievance, the employee must, if the
employee wishes to present the grievance to higher authority, do so
in the manner of a formal grievance as set forth in paragraph c.
c.
Formal Grievance.
1.
The employee shall prepare the grievance in writing. The grievance
should be stated as completely and as clearly as possible in order
to permit prompt handling. The grievance shall be immediately forwarded
to the appropriate department head.
2.
The department head shall attempt to find a mutually satisfactory
solution to the grievance within 10 working days. Failing to find
a solution, the complaint accompanied by a written report prepared
by the department head and a report shall be forwarded to the Administrator,
and the Administrator shall then consider the matter formally and
then act upon said complaint.
[1982 Code § 42-34; Ord. #418; Ord. #92-798]
Whenever a hearing is required under subsection 9-6.1b2 or subsection 9-6.1d, or under any other section of this chapter, the following procedure shall apply. The hearing officer shall be the Mayor, or the Mayor's designee.
a.
Notice of Hearing. The notice of the hearing shall be hand delivered
to the employee personally or mailed, by regular mail, to the employee's
last known address, at least 10 days prior to the date for the hearing,
setting forth the date, time and place of the hearing and further
setting forth the purposes of the hearing.
b.
Representation by Counsel. All employees shall have the right to
be represented by counsel throughout the hearing.
c.
Record. The record of the case shall be the minutes prepared and
retained by the Administrator, unless the employee or Administrator
has caused a certified shorthand reporter to be present, under which
circumstances that record, if reproduced, shall be the record of the
hearing.
d.
Evidence. The hearing officer shall not be confined by the usual
rules of evidence, as hearsay evidence may, in the discretion of the
hearing officer, be admissible. The reasonable preponderance of the
evidence shall constitute a sufficient burden of proof.
e.
Decision. The decision of the hearing officer shall be in writing,
and a copy shall be supplied to the employee, without cost, within
10 days from the rendering of the decision.
[1982 Code § 42-35; Ord. #418; Ord. #92-798]
If any section, subsection, clause or provision of this chapter
shall be adjudged invalid, such adjudication shall apply only to the
section, subsection, clause or provision so adjudged and the remainder
of this chapter shall be deemed valid and effective. Further, if any
portion of this chapter is inconsistent with an executed contract
between the governing body and a recognized employee bargaining unit,
whether said contract is now in existence or shall hereafter be negotiated,
the provisions of said contract shall supersede the provisions of
this chapter.
[1982 Code § 42-37; Ord. #418; Ord. #92-798]
If an employee shall receive any benefits against a third party by reason of an injury or illness which caused the employee to receive income continuation benefits under the sick leave, temporary disability or workers' compensation provisions (Section 9-8) of this chapter, the Borough shall have a lien upon that portion of the recovery against the third party which represents the sum paid by the Borough to the employee.
