[Ord. No. 1751 § 1; Ord. No. 2523]
The New Jersey State Department of Civil Service has instituted
a program to standardize municipal class titles in the Township. Conferences
have been held by the Council with representatives of the New Jersey
State Department of Civil Service concerning the applicability of
such titles to the positions within this Township during which conferences
the New Jersey State Department of Civil Service submitted to the
Council a full reclassification survey report with an amendment thereto.
As a result of the conferences the reclassification survey report,
as amended, contains three separate and distinct schedules.
b.
Schedule II. Class specifications in alphabetical order including
definitions, examples of work, education and experience requirements,
knowledge and abilities, shall be required in this schedule.
c.
Schedule III.
1.
An alphabetical list of titles of full time positions in the classified
service with divisional classifications and proposed salary ranges.
2.
A list of titles of full time positions in the classified service
in schematic arrangement with divisional classifications and proposed
salary ranges.
3.
A list of titles of full time positions in the classified service
arranged in descending order with proposed salary ranges.
4.
An alphabetical list of titles in the unclassified service with statutory
or other provisions placing the positions of the unclassified service.
5.
An alphabetical list of titles of part time positions in the classified
service with divisional classification.
[Ord. No. 1751 § 2; Ord. No. 2523]
The classes, positions, and duties assigned thereto, as set
forth in the three schedules referred to above are hereby adopted.
[Ord. No. 1751 § 3; Ord. No. 2523]
As a result of the reclassification survey, there are created
the following permanent positions set forth at length in Ordinance
1751, dated 9-12-1966, as amended, incorporated as though set out
at length herein.
[Ord. No. 1984 §§ I-II;
Ord. No. 2325]
a.
Percentage Payment. Every full time employee in the classified and
unclassified service in the Township after serving more than five
years in the service of the Township, shall be paid longevity payments
at a percentage of his base compensation in the following manner:
2% after completion of five years' service.
4% after completion of 10 years' service.
6% after completion of 15 years' service.
8% after completion of 20 years' service.
10% after completion of 25 year's service.
The longevity payment shall be computed on the amount of base
salary of the employee at the time he becomes eligible for a longevity
payment.
b.
Continuous Service. Longevity payments shall be computed from the
date the employee was first appointed as a full time permanent employee
in the classified or unclassified service of the Township. The term
full time employee shall include the regular duties performed by the
Judge of the Municipal Court, the Township Attorney and the Director
of Welfare. Employees shall receive full credit for full time service
with the Township prior to the adoption of civil service in the Township
providing that full time service with the Township was continuous.
c.
Noncontinuous Service. Any full-time permanent service with the Township
was not continuous either prior to or at the time of adoption of civil
service in the Township, employees shall receive full credit for full
time service.
d.
Exception.
1.
Employees shall be entitled to full credit for all service accumulated
as a full time employee in the service of another division or department
of the Township prior to his appointment or transfer to his present
full time position.
2.
Adjustments or increases as to the amount of longevity payments shall
become effective on the anniversary date of the full appointment of
employees. The anniversary date shall be adjusted by all loss of time
regardless of reason for any or all loss time that the employee was
not actually paid for in money either through the Township's payroll
or the Township's Workmen's Compensation Carrier.
3.
If the anniversary date falls between January 1 and June 30, the
longevity payment shall become effective January 1. And, if the anniversary
date falls between July 1 and December 31, the longevity payment shall
become effective July 1.
4.
Additional compensation of any nature, including overtime or payment
for additional assigned duties, shall not be considered in computing
longevity payment.
5.
Any interruption of service due to a cause beyond the control of
the employee, such as military service, injury in line of duty or
illness, shall be considered as service for the Township for the purpose
of determining the completion of the cumulative periods of five years
of service with the Township. Leave of absence without pay, loss of
time due to disciplinary action or loss of time due to exhaustion
of sick or annual leave shall not be considered as service in determining
the length of service under this plan.
6.
Such additional compensation shall be paid notwithstanding the maximum
salary heretofore provided for such office of employment and shall
be paid at the same time and in the same manner as the salary or wages
fixed pursuant to this section. The longevity payments shall not pertain
to any employees in part-time positions or services performed in any
part-time positions.
e.
Following the enactment of this section any person who shall become
an employee of the Township of Belleville, whether in classified or
unclassified or, full time or part time positions shall not be entitled
to longevity.
This section shall take effect immediately after final adoption
and publication in accordance with law.
[Ord. No. 1954; Ord. No. 2523]
The following regulations are hereby established for service
credit for sick leave for both uniform and nonuniform employees of
the Township of Belleville, that are permanent employees, full-time
temporary employees or full-time provisional employees, or full-time
unclassified employees as provided for by Title 11 Civil Service and
New Jersey Administrative Code, Department of Civil Service:
a.
Service Credit for Sick Leave. All permanent employees, uniform and
non-uniform, full-time temporary, or full-time provisional employees,
or full-time unclassified employees shall be entitled to sick leave
with pay based on their aggregate years of service:
1.
Sick leave may be utilized by employees when they are unable to perform
their work by reason of personal illness, accident, or exposure to
contagious disease. Sick leave may also be used for short periods
because of death in the employee's immediate family or for the attendance
of the employee upon the member of the immediate family who is seriously
ill;
2.
Such sick leave shall not include any extended period where the employee
serves as nurse or housekeeper during this period of illness.
b.
Amount of Sick Leave. The minimum sick leave with pay shall accrue
to any full-time employee on the basis of one working day per month
during the remainder of the first calendar year of employment after
initial appointment and 15 working days of every calendar year thereafter.
Part-time permanent employees shall be entitled to sick leave as established
by a ratio to the number of hours worked:
1.
Any amount of sick leave allowance not used in any calendar year
shall accumulate to the employee's credit from year to year to be
used if and when needed for such purpose;
2.
Upon termination the appointing authority shall certify to the Department
of Finance, Treasurer's office, the employee's accumulated sick leave
which shall be made a part of the employee's permanent record;
3.
An employee who has been reemployed shall be credited with the total
accrued sick leave at the termination of his/her previous employment,
providing he/she successfully completes his or her working test period
in the position in which he or she has been reemployed.
c.
Reporting of Absence on Sick Leave. If an employee is absent for
reasons that entitle him or her to sick leave, his or her supervisor
shall be notified promptly as of the employee's usual reporting time,
except in those work situations where notice must be made prior to
the employee's starting time:
1.
Failure to so notify his or her supervisor may be cause of denial
of the use of sick leave for that absence and constitute cause for
disciplinary action;
2.
Absence without notice for five consecutive days shall constitute
a resignation under 4: 1-16.14, New Jersey Administrative Code, Department
of Civil Service.
d.
Verification of Sick Leave.
1.
An employee who shall be absent on sick leave for five or more consecutive
working days shall be required to submit acceptable medical evidence
substantiating the illness;
(a)
An employee who has been absent on sick leave for periods totaling
10 days in one calendar year consisting of periods of less than five
days, shall submit acceptable medical evidence for any additional
sick leave in that year, unless such illness is of a chronic or recurring
nature requiring recurring absences of one day or less in which case
only one certificate shall be necessary for a period of six months;
(b)
The appointing authority may require proof of illness of an
employee on sick leave, whenever such requirement appears reasonable.
Abuse of sick leave shall be cause for disciplinary action.
2.
In case of leave of absence due to exposure to contagious disease,
a certificate from the department of health shall be required;
3.
In case of death in the immediate family, reasonable proof shall
be required;
4.
The appointing authority may require an employee who has been absent
because of personal illness, as a condition of his or her return to
duty to be examined, at the expense of the Township, by a physician
designated by the appointing authority. Such examination shall establish
whether the employee is capable of performing his or her normal duties,
and that his or her return will not jeopardize the health of other
employees.
e.
Temporary and Provisional Employees.
f.
Disabled Employees. (Special Leaves-of-Absence.) Employees disabled
either through injury or illness as a result of, or arising from their
respective employment, said leave shall be a special leave-of-absence,
if the workmen's compensation award in lieu of salary or wages paid
or payable to employees shall be turned over to the Municipal Treasurer
for deposit in the municipal funds and said special leave-of-absence
shall not affect, in any manner whatsoever, the accumulative sick
leave provided under paragraph b of this subsection.
g.
Accumulation of Credits. Sick leave credits shall continue to accrue
while an employee is on leave with pay. Credits shall not accrue while
an employee is on any leave without pay.
h.
Records of Leaves. The appointing authorities shall keep records
of all leaves. Such records may be inspected at any time, by a representative
of the Department of Finance.
i.
Absence Without Leave.
1.
Any unauthorized absence of an employee from duty shall be an absence
without leave and is cause for disciplinary action;
2.
Leave granted for a particular reason and used for a purpose other
than that for which such leave has been granted shall be an unauthorized
absence and may be the cause for disciplinary action.
[Ord. No. 1964; Ord. No. 2523; amended 10-11-2022 by Ord. No.
3665]
a.
Each Township employee, both uniform and nonuniform, in the classified service of civil service of the Township and each Township employee, both uniform and nonuniform, not in the classified service of civil service of the Township who has been granted sick leave under terms and conditions similar to classified employees in accordance with Ordinance No. 1954, adopted July 27, 1976 (codified as subsection 2-19.5), and has been subject to Ordinance No. 1954 adopted July 27, 1976, shall be entitled upon retirement on or after January 1, 1977 from a State Administered Retirement System, to receive a lump sum payment as supplemental compensation for each full day of earned and unused accumulated sick leave which is credited to him or her on the effective date of his or her retirement on the basis of one working day per month during the remainder of the first calendar year of employment after initial appointment and 15 working days of every calendar year thereafter minus any and all used sick leave in a manner prescribed by Title 11, Civil Service and New Jersey Administrative Code, Department of Civil Service. An employee who is not a full time employee, the total compensation shall be as established by a ratio to the number of hours worked.
b.
A Township employee who elects a deferred retirement benefit shall
not be eligible for the supplemental compensation payment provided
for in this subsection.
c.
The supplemental compensation payment to be paid hereunder shall
be computed at the rate of one-half (1/2) of the eligible employee's
daily rate of pay each day earned and unused accumulated sick leave
based upon the average annual compensation received and that is reported
to employee's State Administered Retirement System during the
last year of his or her employment prior to the effective date of
his or her retirement, but the total payment shall not exceed six
(6) months of the average annual compensation received and that is
reported to employee's State Administered Retirement System during
the last year of his or her retirement. Any employee hired on or after
May 21, 2010 shall not receive a total payment per this section of
an amount, as calculated above, that exceeds $15,000 before deductions.
Overtime pay or other supplemental pay that is not reported to employee's
State Administered Retirement System shall not be included in the
computation.
[Amended 10-11-2022 by Ord. No. 3665]
d.
Upon application made by an employee for retirement, his or her appointing
authority shall certify within 45 days the number of earned and unused
accumulated sick leave for which supplemental compensation is to be
paid. An individual may defer a request for lump sum payment but it
must be submitted within one year of the effective date of retirement.
e.
The lump sum supplemental compensation provided herein for accumulated
sick days shall in no way affect, increase or decrease any pension
or retirement benefits to such retired employee under any other statute.
f.
An employee who has incurred or shall incur a break in service as
a result of separation due to layoff shall be credited with sick leave
accrued both before separation and after return to employment regardless
of whether such separation occurred prior to the effective date of
this subsection.
g.
In the event of an employee's death after the effective date of retirement
but before payment is made, the payment shall be made to his or her
estate.
h.
An employee who is not subject to the provisions of the sick leave
Ordinance No. 1954 adopted July 27, 1976, shall be excluded from all
payments and benefits as provided for in this subsection.
i.
The above supplemental compensation plan and payments shall become
effective January 1, 1977.
j.
The provisions of this Section of the Township Code, as well as any
other provisions governing supplemental compensation as to sick leave,
shall not allow for any payment as to unused sick leave for any other
reason other than retirement from a State Administered Retirement
System.
[Added 10-11-2022 by Ord. No. 3665]
[1]
Editor's Note: Prior ordinance history - Ord. Nos. 1886; 2523;
2838. Amended in entirely by Ord. No. 3323, adopted 4-10-2012.
[Ord. No. 3323]
All applicants for appointment to or for promotion within the
Police and Fire Departments shall be qualified for appointment or
promotion as required by law, ordinance and civil service rules and
regulations. All applicants for appointment shall be residents of
the Township of Belleville and must maintain continuous residency
within the Township of Belleville from the announced closing date
of the Department of Personnel examination up to and including two
years following the date of appointment.
[Ord. No. 3323]
Unless otherwise provided by law, all officers and employees
in classified positions in civil service appointed by the Township
of Belleville after the effective date of this section shall be bona
fide residents of the Township, and shall so remain such bona fide
resident for two years following the date of appointment.
A bona fide resident for the purposes of this section is a person
having a permanent domicile within the local unit and one which has
not been adopted with the intention of again taking up or claiming
a previous residence outside of the boundaries of the Township of
Belleville.
[Ord. No. 3323]
All non-residents subsequently appointed to classified positions
or classified employments shall become bona fide residents of the
Township of Belleville within one year of their appointment except
as provided in N.J.S.A. 40A:9-1.1, 40A:9-1.2, 40A:9-1.6 and N.J.S.A.
40A:9-1.7.
It shall be the duty of the hiring authority to ensure that
all classified employees hired after the effective date of this section
remain bona fide residents of the Township of Belleville, except where
a state statute or decisional law would allow otherwise.
Failure of such employee to maintain residency in the Township
of Belleville shall be cause for removal or discharge from service.
In the event such employee does not maintain bona fide residency,
the hiring authority shall notify said employee that failure to again
take up bona fide residency in the local units within six months of
such notification will result in removal or discharge of service.
Such removal or discharge shall take effect on the date specified
in such notice, but any employee so removed or discharged shall have
the right to such appeals as are available pursuant to law.
[Ord. No. 3323]
a.
Whenever the Governing Body of the Township of Belleville or the
appointing authority shall determine that there cannot be recruited
a sufficient number of qualified residents for available specific
positions or employment, the local unit shall advertise for other
qualified applicants. The Governing Body or the hiring authority thereof,
shall thereupon classify all qualified applicants for such positions
or employments so determined in the following manner:
1.
Other residents of Essex County.
2.
Other residents of counties contiguous to Essex County.
3.
Other residents of the State of New Jersey.
4.
All other applicants.
The hiring authority shall first appoint all those in Class
1 and then those in each succeeding class in the order above listed
and shall appoint a person or persons in any such class only to a
position or positions or employment or employments remaining after
all qualified applicants in the preceding class or classes have been
appointed or have declined an offer of appointment. The preference
established by this section shall in no way diminish, reduce or affect
the preferences granted pursuant to any other provisions of the law.
The Township, if it has recruited and hired officers may require such
officers and employees, as a condition of their continued employment,
to become bona fide residents thereof, providing, however, that such
requirement was specified at the time of appointment and a reasonable
amount of time granted for such officers and employees to become bona
fide residents of the Township of Belleville.
[Ord. No. 3323]
a.
Whenever the Governing Body or the hiring authority of the Township
of Belleville shall determine that there are certain specific positions
and employments, requiring special talents or skills which are necessary
for the operations of the Township of Belleville and which are not
likely to be found among the residents of the Township of Belleville,
such positions or employments so determined shall be filled without
reference to residency. Any such provision shall set forth the formal
criteria pursuant to which such positions or employments shall be
so determined.
b.
This section shall not in any way be applicable to any current employee,
officer, or appointee who is such an officer, employee, or appointee
as of the effective date of this section, as long as such employee,
officer or appointee remains continuously employed or subsequently
appointed without any break in service to the Township of Belleville,
even if such employee, officer, or appointee is employed, becomes
an officer, or is appointed to a different position by the Governing
Body or the appointing authority within the Township of Belleville.
This section is specifically inapplicable to the following positions:
Chief Financial Officer and Tax Collector.
c.
Effect of Statutory Provisions. Nothing contained in this section
shall require residency in the Township where a state statute or decisional
law would allow otherwise.
[Ord. No. 3323]
Preference shall be given in promotion to officers and employees
who are bona fide residents of the Township of Belleville. When promotions
are based upon merit as determined by suitable promotion tests or
other objective criterial, a resident shall be given preference over
a non-resident in any instance when all other measurable criteria
are equal. The preference granted by this section shall in no way
diminish, reduce or affect the preference granted pursuant to any
other provision of law.
[Ord. No. 3323]
Any requirements concerning eligibility, appointment or promotion
adopted herein shall be subject to any Order issued by any Court or
by any State or Federal agency pursuant to law with respect to a requirement
of action to eliminate discrimination in employment based upon race,
creed, color, national origin, ancestry, marital status or sex, except
that any such requirement set forth hereinabove (becoming a resident
of the Township of Belleville within one year of appointment) shall
continue to apply notwithstanding any such Order.
[Ord. No. 3323]
The Township of Belleville shall transmit a copy of this Ordinance
No. 3323 to the Civil Service Commission immediately upon passage
and publication as required by law.
[Ord. No. 3323]
If any part of this section is determined to be contrary to
law, or found to be invalid by a court of competent jurisdiction,
then such portion shall be severed herefrom and the balance of this
section shall remain in full force and effect.
[Ord. No. 1828 § 1; Ord. No. 2523]
The days listed hereafter shall be considered legal holidays
in the Township: New Year's Day, Lincoln's Birthday, Washington's
Birthday, Good Friday, Memorial Day, Independence Day, Labor Day,
Columbus Day, General Election Day - November, Veteran's Day, Thanksgiving
Day, Christmas Day. If a holiday falls on a Saturday, it shall be
observed on the Friday before. If a holiday falls on a Sunday, it
shall be observed on the Monday following.
Employees shall not be paid for holiday leave unless they work
the last day prior to the holiday and the first day after the holiday,
unless the employee is on approved leave.
[Ord. No. 1872 § 1; Ord. No. 2523]
All local public contracts shall be subject to and in accordance
with Chapter 198, Public Laws of 1971 and R.S. 40A:11-1 to 39 inclusive.
[Ord. No. 1872 § 2; Ord. No. 2523]
All contracts awarded by the Council shall be forwarded by the
purchasing agent to the Township Treasurer for encumbrance against
an appropriation as soon as possible.
[Ord. No. 1873 § 3; Ord. No. 2523]
All contracts that have been awarded by the Council although
the contracts may be a lesser sum than $2,500, shall be increased,
decreased or extended only by the Council. All such increases, decreases
or extensions of contracts shall be forwarded by the purchasing agent
to the Township Treasurer for encumbrance against an appropriation
as soon as possible.
[Ord. No. 2084 § 1; Ord. No. 2523]
Prior to making any appointment to a position of employment,
as an employee of the Township of Belleville, an appointing officer
shall request a report from the Chief of Police, which report shall
contain information as to whether such prospective employee has any
prior record of criminal activity.
[Ord. No. 2084 § 2; Ord. No. 2523]
Each such applicant for a position of employment with the Township
of Belleville shall also be required to have his or her fingerprints
placed on file with the Police Department of the Township of Belleville
in order to facilitate the procurement of his or her prior criminal
record.
[Ord. No. 2084 § 3; Ord. No. 2523]
All present employees and each such applicant for a position
of employment with the Township of Belleville shall also be required
to have his or her photograph taken and placed on an identification
card.
[Ord. No. 2527 § 1]
a.
It has been determined that it is a worthy and a desirable objective
for the governing body of the Township of Belleville, State of New
Jersey, to inspire and retain the respect and confidence of the people
of the community. It is deemed essential that the Township's public
officers and employees avoid any conduct which is in violation of
their public trust. The protection of the public interest and the
proper administration of the government of this Township require that
all of its officers and employees be impartial, independent and free
of any conflicting interests that might tend to influence their actions,
decisions or judgments.
b.
The public judges its government by the way public officials and
employees conduct themselves in the posts to which they are elected
or appointed. The people have a right to expect that every public
official and employee will conduct themselves in a manner that will
tend to preserve public confidence in and respect for the government
which they represent.
c.
It is at the same time recognized that citizens who serve in government
cannot and should not be expected to be without any personal interest
in the decisions and policies of government and that such citizens
who are officials or employees have a right to private interest of
a personal, financial and economic nature. The standards of conduct
herein established should separate those conflicts of interest which
are unavoidable in our society from those conflicts of interest which
are substantial and material, or which impair their impartial or independent
judgment or which bring the government into disrepute. The purpose
of this Code is to establish ethical standards of conduct for all
such officials by setting forth those acts or actions that are incompatible
with the best interests of the Township and by directing disclosure
by such officials of private, financial or other interests in relationships
between themselves and those with whom they might have dealings in
matters affecting the Township. The provisions and purpose of this
Code and such rules and regulations that may be established are hereby
declared to be in the best interest of the Township of Belleville
and the welfare of its citizens.
d.
Public officials shall conduct their official duties with integrity,
impartiality and in the public interest. They shall also conduct both
their official and private affairs so as not to give a reasonable
basis for the impression that any such official can be improperly
influenced in the performance of his official duties. Such official
shall so conduct themselves as to maintain public confidence in the
performance of their public trust and in the government and shall
avoid even the appearance of conflict between their public duties
and private interests.
e.
To help public officials and employees achieve those goals is one
of the objectives of the Code. The other objective is based on the
proposition that no man can serve two masters, nor should he attempt
to do so. Therefore, this Code proposes to relieve him of the impossible
task of judging himself. Instead, the Code places judgment in the
hands of an impartial public Board of Ethics which, upon request,
will review the facts and measure them by the yardstick of public
morality established by this Code.
[Ord. No. 2527 § 2]
For the purposes of this chapter, the following terms shall
have the meanings indicated:
Shall mean any interest which shall yield, directly or indirectly,
a monetary or other material benefit (other than the duly authorized
salary or compensation for his services to the municipality) to the
official or employee or to any person employing or retaining the services
of the official or employee.
Shall mean the local government unit under which the official
or employee is functioning.
Shall mean any person elected or appointed to, or employed
or retained by, any public office or public body of the municipality,
whether paid or unpaid and whether part-time or full time.
Shall mean any person, firm, association, group, partnership
or corporation, or any combination thereof.
Shall mean any interest arising from blood or marriage relationships
or from a close business association, whether or not any financial
interest is involved.
Shall mean any agency, board, body, commission, committee,
department or office of the municipality.
[Ord. No. 2527 § 3]
a.
Officials or employees shall accept the fundamental principle that
they hold their respective positions for and on behalf of the public
and attend to their duties as fiduciaries to the public at large.
b.
Officials or employees are agents of public purpose and shall hold
office or employment for the benefit of the public and are bound to
observe in their official acts the highest standards of conduct.
c.
Officials, and employees, recognizing that the public interest is
their primary concern, shall faithfully discharge their official duties
regardless of personal considerations.
[Ord. No. 2527 § 4]
a.
Officials and employees shall give fair and equal treatment to every
citizen.
b.
No individual who seeks appointment or promotion to any municipal
office or position shall directly or indirectly give, render or pay
any money, service or any other value or any other valuable thing
to any person for or in connection with his test, appointment, promotion
or proposed promotion.
c.
Officials and employees shall not use municipally owned vehicles,
equipment, materials or property for personal convenience or profit,
except when such services are available to the public generally, and
then upon such terms as the municipal policy for the use of officials
in the conduct of official business or as a condition of an employment
contract.
d.
No official or employee shall grant or make available to any person
any consideration, treatment, advantage or favor beyond that which
is the general practice to grant or to make available to the public
at large consistent with the tenets of this Code of Ethics.
[Ord. No. 2527 § 5]
a.
Financial or Personal Interest. No official or employee, whether
paid or unpaid, shall knowingly engage in any business and employee
transactions or shall have a financial or any pecuniary interest and
personal interest, direct or indirect, which is incompatible with
the discharge of his official duties in the public interest or would
tend to impair his independence of judgment or action in the performance
of his official duties. "Personal interest" as used herein shall be
one which directly or indirectly impairs the judgment of said official
for his personal gain (inclusive of family, business or professional
relationships). Nor shall any official or employee invest or hold
any investment directly or indirectly in any financial, business,
commercial or any other private transaction which creates a conflict
with his official duties.
b.
Incompatible Employment. No official or employee shall engage in
or accept private employment or render service for private interests
which such employment or service is incompatible with the proper discharge
of his official duties or would tend to impair his independence of
judgment or action in the performance of his official duties. Nor
shall any official or employee solicit, negotiate or promise to accept
employment with any person, firm or corporation with which he is engaged
on behalf of the Township in the transaction of business or which
may be affected by his official action.
c.
Disclosure and Disqualification. Any official or employee of the
Township of Belleville who has a direct or indirect financial interest
in any business entity, transaction or contract with the municipality
or in the sale of real estate, materials, supplies or services to
the municipality, the disposition of which may be influenced by his
official position, shall refrain from voting or deliberating upon
such proposed legislation or activity or otherwise participating in
such transaction, and he shall disclose publicly the nature of his
interest.
d.
Representation of Private Persons. No official or employee shall
appear on behalf of private interests before any officer, department
or agency of his respective municipal government, except that the
Mayor and Council may appear without compensation on behalf of their
constituents or citizens of Belleville or in the performance of public
or civic obligations, provided such appearance is in the discharge
of their official duties and responsibilities and associated with
their office or position with the Township. This subsection shall
not apply to officials who are appearing on their own behalf.
e.
Gifts and Favors. No official or employee to whom this chapter is
applicable shall accept, take or receive a gift or other thing of
value in the course of his or her employment with the municipality
or in connection with such employment but shall not apply to the acceptance
or exchange of gifts between officers, officials or employee. Nor
shall any person, firm or corporation attempt directly or indirectly
to secure preferential treatment in dealings with the municipality
by offering any valuable gift, whether in the form of a service, loan,
thing or promise or in any other form, to officials.
f.
Discrimination. No person shall be appointed to or removed from or
in any way favored or discriminated against with respect to any appointed
administrative office because of his religion, national origin, sex
or political opinions or affiliations, if otherwise qualified for
the position or office.
g.
Confidential Information. No official or employee shall knowingly
disclose confidential information without proper authorization therefor,
concerning the government, property or affairs of the Township, nor
shall be use such information to advance the financial or other private
interest of himself or others. "Confidential information" shall mean
and include materials which have been designated as such by the presiding
officer of the municipal agency formulating said material, report,
study or other work product which would not be the subject matter
of the Right to Know Law of the State of New Jersey.
h.
Financial Disclosure. Any official or employee who has a direct or
indirect financial or personal interest, as herein defined, which
may influence the disposition of any transaction or which may be influenced
by his official position or action shall disclose all sources of income
and the nature and extent of any personal interest which may be effected
by performance of his official duty or is incompatible with the proper
discharge of his official duties in the public interest or would tend
to impair his independence of judgment or action in the performance
of his official duties. Such disclosure shall be made to the appointing
authority.
[Ord. No. 2527 § 6]
a.
Establishment: Residence Requirement. There is hereby created and
established a Board of Ethics consisting of five persons who shall
hold no other office or employment under the municipality. At least
one of said members shall be an attorney at law of the State of New
Jersey, and said member may but shall not be required to be a resident
of the municipality. All other members shall be residents.
b.
Terms; Office. The members shall be appointed by the Council of the
municipality. They shall serve for a term of two years. Members shall
elect a Chairman annually.
c.
Advisory Opinions. Upon the written request of any official or of
an employee directly concerned, the Board shall render advisory opinions
based upon the provision of this Code. The Board shall file its advisory
opinions with the Municipal Clerk but may delete the name of the officer
or employee involved.
[Ord. No. 2527 § 7]
Violation of any provisions of this Code should raise conscientious
questions for the official concerned as to whether voluntary resignation
or other action is indicated to promote the best interests of the
municipality. Violation may constitute a cause or removal from office
or employment or other disciplinary action as may be provided for
by the law of the State of New Jersey.
[Ord. No. 2905; amended 10-8-2019 by Ord. No. 3551]
Pursuant to N.J.S.A. 40A:10-23 the Township of Belleville shall
assume the entire cost of the coverage and pay all of the premiums
for employees:
a.
Who have retired after 25 years or more of service credit in a State
or locally administered retirement system and a period of service
of 25 years with the Township of Belleville at the time of retirement,
such period of service to be determined by the Township of Belleville
including premiums for their dependents as hereinafter defined.
b.
Have retired and reached the age of 65 years or older with 25 years
or more of service credit in a State or locally administered retirement
system and a period of service up to 25 years with the Township of
Belleville at the time of retirement, such period of service to be
determined by the Township of Belleville, including premiums for their
dependents as hereinafter defined.
c.
Have retired and reached the age of 62 years or older with at least
20 years of service with the employer including premiums for their
dependents as hereinafter defined. This shall only apply to qualified
employees who retire on or before December 31, 2001.
d.
The period of service shall be from the date of hire by the Township
of Belleville to the date of retirement provided that such service
has been continuous and uninterrupted except for such periods during
which the employee was granted an approved leave of absence by the
Township. The period of any approved leave of absence shall be deducted
from the period of service for purposes of determining eligibility
for the payment of benefits by the Township.
e.
Dependent shall mean an employee's spouse and the employee's unmarried
children, including stepchildren, legally adopted children under the
age of 19 who live with the employee in a regular parent-child relationship,
and other unmarried children of the employee under the age of 26 who
are dependent upon the employee for support and maintenance, but shall
not include a spouse or child while serving in the military service.
f.
Any medical benefits provided pursuant to this section shall be secondary
to any medical benefits, including but not limited to Medicare and
Medicaid, to which the employee and/or the employee's dependents may
be entitled from any program of the Federal or State government or
from any other source. As of the earliest date of any such eligibility,
provision of medical benefits pursuant to this section shall be conditioned
upon the submission by the employee of evidence that the employee
and/or the employee's dependents have received primary medical benefits
coverage from such other program or programs.
g.
The provisions set forth in paragraphs a and b above do not apply
to any police officer or firefighter. Instead, any police officer
or firefighter hired prior to January 1, 2019 who has completed 15
years of service with the Township of Belleville and completes 25
years of cumulative service with the Police and Fire Retirement System
shall receive health benefits paid by the Township of Belleville upon
their retirement. Any police officer or firefighter hired after January
1, 2019 shall pay 55% of the percentages listed in the schedule for
contributions to medical benefits premiums found in P.L. 2011, c.
78, upon their retirement.
h.
The provisions set forth in paragraphs a and b above shall not be
applicable to any employee that is party to a collective bargaining
agreement that provides for contributions to medical benefits premiums
upon retirement. If any collective bargaining agreement provides for
a percentage contribution to medical benefits premiums, the collective
bargaining agreement shall supersede paragraphs a and b above.
[Ord. No. 2922]
Such employees as may be approved by the Township Manager to
utilize their private vehicles for the conduct of Township business
shall be paid a monthly travel allowance as compensation for such
use.
The monthly travel allowance shall be $150 for eligible full-time
employees and $75 for eligible part-time employees.
All travel allowances shall be paid in the first payroll of
each month for use of a vehicle in the prior month.
[Ord. No. 2942]
It is acknowledged that Township employees set an example by
their dress and grooming habits. An employee who dresses appropriately
presents an image of dignity and fosters a respect for the community.
Desirable grooming habits enhance the working surroundings and is
conducive to a successful working environment. Cognizant to the effect
that grooming has upon the attitude in the workplace, the Township
of Belleville adopts the following standards as guidelines for dress
and grooming for its employees.
All employees shall:
a.
Be physically clean, neat and well-groomed.
b.
Dress in a manner which reflects favorably upon the community. Examples
of appropriate dress include:
1.
Female employees: dresses, suits, split skirts, culottes, cropped
pants, blouses/sweaters with skirts, pants suits, slacks with blouses/sweaters,
soft sole shoes are acceptable; and
2.
Male employees: suits, slacks with jackets, turtlenecks, dress polo
shirts, shirts with collars, shirts with collars and ties, fashionable
shirts, sweaters, dress slacks and dress shoes (soft soles are acceptable).
c.
Unacceptable dress for all personnel:
1.
Tee shirts, sporty polo shirts, sweatshirts, thin-strapped shirts
or blouses;
2.
Work boots, work shoes, sneakers, and flip-flop thongs;
3.
Denim dungarees or any type of jeans;
4.
Warm-up suits, sweat pants or shorts. Shorts shall mean Bermuda/or
walking shorts, cut-off pants, athletic shorts and capri pants (form
fitted) and short pants that are mid-calf or higher; and
5.
No mini-skirts (mid-thigh or higher).
d.
Employees holding the job titles for which they receive an annual
uniform allowance may wear clothes which are conducive to the character
of their work. Work jackets, work sweatshirts, pullover shirts with
collars, and work pants are acceptable.
e.
Work boots or work shoes will be allowed for employees receiving
an annual shoe allowance.
f.
Nurses may wear clothes which are conducive to the character of their
work.
g.
Sneakers may be worn only if a medical note is received.
h.
Part-time, temporary and summer employees are to adhere to the dress
code.
[Ord. No. 2942]
An employee violating the dress code will be issued a verbal
warning by the department head or supervisor. Upon the second offense,
a letter of reprimand by the appropriate administrator/supervisor
will be issued with a copy placed in the employee's personnel file.
Upon the third letter of reprimand, the Department Director may recommend
appropriate disciplinary action to the Manager. Such disciplinary
measures may include withholding of increment, charges of insubordination,
or other sanctions as allowed by law.
Any criticisms pertaining to the dress code shall be made in
confidence and not in the presence of other employees or members of
the public.
All the aforementioned disciplinary steps are subject to the
provisions as provided in the Agreement between the Township of Belleville
and Belleville Municipal Employees Associations/Essex Council #1 -
Local 32, OPEIU, AFL - CIO and the Township of Belleville and Local
743, L.I.U. of N.A., AFL - CIO, including, but not limited to, the
Grievance Procedure and the employee shall have the right to be represented
by the Union at any meeting or conference regarding the dress code.
[Ord. No. 2964 § I]
Shall mean an employee's spouse and the employee's unmarried
children, including stepchildren and legally adopted children under
the age of 19 who live with the employee in a regular parent-child
relationship, and other unmarried children of the employee under the
age of 23 who are dependents upon the employee for support and maintenance
who are full time students, but shall not include a spouse or child
while in service in the military service.
Shall mean the Mayor and the elected members of the Township
Council of the Township of Belleville.
Shall mean an employee whose regular work hours are a minimum
of 20 hours per week in a classified, nonclassified and unclassified
title.
Shall mean coverage for hospitalization, medical care, dental
care and prescription services as may be set forth from time to time
by ordinance of the Township.
Shall mean those employees who have the following titles:
Assistant Township Attorney, Assistant Public Defender, Assistant
Municipal Prosecutor, Attorney, Chief Judge, Municipal Prosecutor,
Judge, Public Defender, Township Attorney and Township Physician.
[Ord. No. 2964 § II]
The following employees shall be considered eligible for the
provision of medical benefits: elected officials, full-time employees,
part-time professionals and dependents of the aforementioned.
Pursuant to N.J.S.A. 40A:10-16 the Township of Belleville shall
assume the entire cost of the coverage of and pay all of the premiums
for medical benefits for eligible employees of the Township of Belleville
and their dependents, except for such copayments and/or deductibles
as may be provided for by Township ordinance or in any collective
bargaining agreements governing Township employees.
[Ord. No. 2964 § III]
The eligible period for classified and unclassified full-time
employees shall commence upon the successful completion of their working
test period and continue uninterrupted until termination of employment.
The eligible period for unclassified full-time employees, part-time
professional and elected officials shall commence upon their appointment
and continue uninterrupted until termination.
All eligible employees shall be given proper notice of the termination
medical benefits in compliance with the Consolidated Omnibus Budget
Reconciliation Act (COBRA).
[Prior § 2-28.4, Elected Officials After June 30,
2010, was repealed 6-9-2020 by Ord. No. 3577. Prior history includes Ord. No. 3232]
[Ord. No. 3232 adopted 4-13-2010]
No newly appointed professional employee as described above
shall be eligible to receive medical benefits premiums paid by the
Township of Belleville unless such person presently holds appointment
as a part-time professional employee and becomes reappointed to the
same position without a break in service.
[Ord. No. 3146, Ord. No. 3144 adopted 8-14-2007; Ord. No. 3206 adopted 6-9-2009]
a.
Policies and Procedures Adopted.
Whereas, it is the policy of the Township of Belleville to treat
employees and prospective employees in a manner consistent with all
employment laws and regulations including but not limited to Title
VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity
Act of 1972, the Age Discrimination in Employment Act, the Equal Pay
for Equal Work Act, the Fair Labor Standards Act, the New Jersey Law
Against Discrimination, the American with Disabilities Act, the Family
and Medical Leave Act, the Conscientious Employee Protection Act,
the Public Employee Occupational Safety and Health Act, the New Jersey
Civil Service Act along with the rules and regulations adopted by
the New Jersey Department of Personnel, the New Jersey Workers Compensation
Act, and the Federal Consolidated Omnibus Reconciliation Act (COBRA);
and
Whereas, the Township of Belleville has determined that there
is a need for personnel policies and procedures to ensure that employee
and prospective employees are treated in a manner consistent with
these laws and regulation; and
Whereas, these policies and procedures shall apply to all Township
officials, appointees, employees, volunteers and independent contractors.
In the event there is a conflict of rules and any collective bargaining
agreement, personnel services contract, or Federal or State law, the
terms and conditions of that contract or law shall prevail. In other
cases, these policies and procedures shall prevail.
Whereas, the manual is intended to provide guidelines covering
public service by Township employees and is not a contract. The provisions
of this manual may be amended and supplemented from time to time without
notice and at the sole discretion of the Municipal Council; and
Whereas, that the maximum extent permitted by law, employment
practices for the Township of Belleville shall operate under the legal
doctrine known as "employment at will"; and
Whereas, that the Township Manager and all managerial/supervisory
personnel are responsible for these employment practices. The Municipal
Council also shall appoint a Personnel Officer and Employment Attorney
to assist the Township Manager is the implementation of the policies
and procedures in the manual.
Now Therefor be it ordained that the attached Personnel Policies
and Procedures Manual is hereby adopted and shall take affect according
to law.
b.
Additional Personnel Policies Adopted.
The Township Council and Township Manager have determined that
the Personnel Policies and Procedures Manual and the Employee Handbook
shall also include the following personnel policies:
