[1973 Code § 33-1; Ord. 2-9-93; Ord. No. 2011-44; Ord. No. 2012-23]
The Town of Kearny shall have the following residential preference
with respect to all hiring and appointments: (1) residents of the
Town of Kearny and the City of Newark; (2) Hudson and Essex Counties;
(3) State of New Jersey; and (4) United States of America.
[1973 Code § 33-2; Ord. No. 2-9-93; Ord. No. 7-13-93; Ord. No. 2004-(O)-18 § 1]
Nothing herein contained shall apply to any person employed
by the Town of Kearny on the effective date of this section, nor shall
this section be construed contrary to New Jersey Statutes concerning
the Fire Department or Police Department of the Town of Kearny, nor
shall it apply to the following positions:
[1973 Code § 41-1]
The salaries and compensation of all officers and employees
of the Town of Kearny shall be as set forth in the current Salary
Ordinance and/or Resolution.
[1973 Code § 41-2]
A copy of the current Salary Ordinance and/or Resolution shall
be kept on file in the office of the Town Clerk for examination and
inspection by the public.
[1973 Code § 20-1]
a.
The Town of Kearny shall pay all the premiums on the group insurance
policy or policies for hospitalization, medical, surgical and major
medical, covering the members of its Police and Fire Departments and
all active employees of the Town of Kearny, including all elected
officers, Town Attorney, Town Treasurer, Town Engineer, the Judge
of the Municipal Court and the wives or husbands and dependent children
under 23 years of age. The benefits are subject to, where applicable,
employee collective bargaining agreements.
b.
The Town of Kearny shall also pay the premium on the group life insurance
policy, $4,000, covering the members of the Police and Fire Departments
and all active employees of the Town of Kearny, including all elected
officers, Town Attorney, Town Treasurer, Town Engineer and the Judge
of the Municipal Court.
[1973 Code § 20-2]
The Town of Kearny shall pay an annual clothing allowance of
$150 to each uniformed member of its Police and Fire Departments.
[1973 Code § 20-3; New]
The Town of Kearny shall grant to the members of its Police
and Fire Departments the following paid holidays each year:
HOLIDAY SCHEDULE
Martin Luther King Day
Lincoln's Birthday
Washington's Birthday
Good Friday
Memorial Day
July 4th
Labor Day
Columbus Day
Election Day
Veteran's Day
Thanksgiving Day
Christmas Day
Three floating holidays
Each employee may also observe his/her birthday by not working
on that day. If the birthday falls on Saturday or Sunday, the employee
must take Friday or Monday.
A separate schedule will be done designating the three floating
holidays for employees who do not receive clothing allowance.
The above schedule does not apply to the uniformed employees
of the Police or Fire Departments.
[New]
Pensions for the Town of Kearny are governed by the Police and
Fire Retirement System for the State of New Jersey as it applies to
all Police and Firefighters. For all non-Police and Fire employees
pensions are governed by the Public Employees Retirement System of
the State of New Jersey.
[Ord. No. 2017-46]
Pursuant to the authority granted by N.J.S.A. 59:10-4 and other
related statutes, the Town shall hereafter provide all Town officials
and employees a defense against any claims or actions made against
that official or employee allegedly arising out of his or her official
service or employment and shall indemnify and hold that official or
employee harmless against any liability, loss, damages cost or expense
which may arise from such claim or action. This obligation shall extend
to any cross-actions, counterclaims or cross-complaints and shall
apply wherever there is no insurance coverage for such claims.
[Ord. No. 2017-46]
The indemnity provided for in subsection 10-7.1 may extend to exemplary or punitive damages resulting from the civil violation of State or federal law by the official or employee if in the opinion of the Mayor and Council the acts committed by the official or employee upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct or an intentional wrong.
[Ord. No. 2017-46]
Notwithstanding anything to the contrary set forth in this section,
the Town shall not be responsible for defense or indemnification when
the Mayor and Council determine that:
a.
The official or employee is found to have acted in violation of the
Local Government Ethics Law, N.J.S.A. 40A:22-1 et seq.
b.
The act or omission was not within the scope of his or her official
service or employment.
c.
The defense of the action or proceeding would create a conflict of
interest between the Town and the public official or employee.
d.
Insurance coverage is available for payment.
e.
The official or employee failed to deliver suit papers or full copies
of the same, to the Town Clerk within 10 calendar days after service.
f.
The official or employee has failed to cooperate fully with the defense.
[Ord. No. 2017-46]
Defense of all claims under this section shall be provided by
the Town Attorney. When the Town Attorney is unable to undertake the
defense, the Mayor and Council shall employ other counsel as it deems
appropriate.
Either the Town Attorney or other counsel chosen by the Mayor
and Council shall maintain exclusive control over the defense of the
case and each official or employee shall cooperate fully with that
attorney or forfeit all of the benefits afforded by this section.
[Ord. No. 2017-46]
If an official or employee refuses to accept defense counsel assigned by the Town pursuant to subsection 10-7.4 and elects to retain his or her own counsel, the Town shall not be responsible for payment of any fees to such counsel and shall not be obliged to indemnify the official or employee for any damages or costs that may result.
[Ord. No. 2017-46]
If it appears to the Mayor and Council that a particular claim,
lawsuit, action or proceeding may not be properly the subject for
municipal indemnification because of factual disputes which can only
be resolved as the case develops (during investigation, discovery,
motion or trial), the Mayor and Council may elect either to:
a.
Withhold a defense until such time as the matter is established to
be a proper one for indemnification. In such case, the employee or
official may engage his or her own counsel to defend the claim, lawsuit,
action or proceeding, subject to reimbursement of reasonably necessary
fees and costs. Reimbursement shall be made only in the case of a
later determination that the claim was the proper subject of indemnification,
or
b.
The Town may elect to provide a defense in such case but subject
to a reservation of rights with respect to any obligation to indemnify
the official or employee.
[Ord. No. 2017-46]
The Town shall not be required to indemnify or reimburse an
official or employee for an amount provided for in a settlement agreement
unless the Mayor and Council has approved the said settlement agreement.
