[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.
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.
An alphabetical list of titles of full time positions in the classified service with divisional classifications and proposed salary ranges.
A list of titles of full time positions in the classified service in schematic arrangement with divisional classifications and proposed salary ranges.
A list of titles of full time positions in the classified service arranged in descending order with proposed salary ranges.
An alphabetical list of titles in the unclassified service with statutory or other provisions placing the positions of the unclassified service.
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]
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.
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.
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.
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.
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.
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.
Additional compensation of any nature, including overtime or payment for additional assigned duties, shall not be considered in computing longevity payment.
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.
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.
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:
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:
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;
Such sick leave shall not include any extended period where the employee serves as nurse or housekeeper during this period of illness.
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:
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;
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;
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.
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:
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;
Absence without notice for five consecutive days shall constitute a resignation under 4: 1-16.14, New Jersey Administrative Code, Department of Civil Service.
Verification of Sick Leave.
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;
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;
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.
In case of leave of absence due to exposure to contagious disease, a certificate from the department of health shall be required;
In case of death in the immediate family, reasonable proof shall be required;
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.
Temporary and Provisional Employees.
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.
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.
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.
Absence Without Leave.
Any unauthorized absence of an employee from duty shall be an absence without leave and is cause for disciplinary action;
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]
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.
A Township employee who elects a deferred retirement benefit shall not be eligible for the supplemental compensation payment provided for in this subsection.
The supplemental compensation payment to be paid hereunder shall be computed at the rate of 1/2 of the eligible employee's daily rate of pay for 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 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. Overtime pay or other supplemental pay that is not reported to employee's State Administered Retirement System shall not be included in the computation.
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.
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.
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.
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.
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.
The above supplemental compensation plan and payments shall become effective January 1, 1977.
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]
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:
Other residents of Essex County.
Other residents of counties contiguous to Essex County.
Other residents of the State of New Jersey.
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]
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.
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.
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]
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.
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.
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.
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.
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:
- FINANCIAL INTEREST
- 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.
- OFFICIAL OR EMPLOYEE
- 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.
- PERSONAL INTEREST
- Shall mean any interest arising from blood or marriage relationships or from a close business association, whether or not any financial interest is involved.
- PUBLIC BODY
- Shall mean any agency, board, body, commission, committee, department or office of the municipality.
[Ord. No. 2527 § 3]
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.
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.
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]
Officials and employees shall give fair and equal treatment to every citizen.
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.
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.
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]
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.
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.
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.
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.
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.
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.
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.
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]
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.
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.
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]
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:
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.
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.
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.
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.
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 23 who are dependent upon the employee for support and maintenance, but shall not include a spouse or child while serving in the military service.
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.
[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:
Be physically clean, neat and well-groomed.
Dress in a manner which reflects favorably upon the community. Examples of appropriate dress include:
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
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).
Unacceptable dress for all personnel:
Tee shirts, sporty polo shirts, sweatshirts, thin-strapped shirts or blouses;
Work boots, work shoes, sneakers, and flip-flop thongs;
Denim dungarees or any type of jeans;
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
No mini-skirts (mid-thigh or higher).
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.
Work boots or work shoes will be allowed for employees receiving an annual shoe allowance.
Nurses may wear clothes which are conducive to the character of their work.
Sneakers may be worn only if a medical note is received.
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.
- ELECTED OFFICIAL
- Shall mean the Mayor and the elected members of the Township Council of the Township of Belleville.
- FULL-TIME EMPLOYEE
- Shall mean an employee whose regular work hours are a minimum of 20 hours per week in a classified, nonclassified and unclassified title.
- MEDICAL BENEFITS
- 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.
- PART-TIME PROFESSIONAL EMPLOYEES
- 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).
[Ord. No. 3232]
No Elected Official sworn into office after June 30, 2010 shall be eligible to receive health benefits paid by the Township of Belleville. Current Elected Officials shall remain eligible for and receive health benefits from the Township of Belleville pursuant to Subsections 2-28.1, 2-28.2 and 2-28.3 above.
[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]
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.
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: