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City of South Amboy, NJ
Middlesex County
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Table of Contents
Table of Contents
[New]
A. 
General policies.
(1) 
Employment in the City shall be based on merit and fitness, free from personal and political considerations.
(2) 
Appointments, promotions, and other personnel actions shall be on a merit basis.
(3) 
Qualified City personnel shall be given first consideration for vacancies and new positions.
B. 
(Reserved)
[New]
C. 
The City of South Amboy employment policies shall be governed by the Employee Handbook, Personnel Policies and Procedures dated November 7, 2018 and by any subsequent revisions of said Employee Handbook, Personnel Policies and Procedures adopted by the Council by resolution.
A. 
Power of appointment. All employees, officers and department heads of the city, except members of the Police Department, shall be appointed and promoted by the Mayor except as may be otherwise provided by general law.
B. 
Qualifications. Original appointments to fill vacancies or for a new positions shall be limited to qualified persons who have been interviewed or tested concerning such factors as education, experience, aptitude, knowledge, character, required certifications, and physical and mental fitness.
[New]
C. 
Preference to City employees and residents. Provided that they are qualified for the positions for which they have applied, preference shall be given, in appointments to vacancies and new positions, first, to employees of the City, and secondly, to persons who are residents of the City at time of their appointment.[1]
[1]
Editor's Note: Under the provisions of N.J.S.A. 40A:14-122.1. a municipality may not make residence therein a condition of employment or continued employment in its Police Department. However, under N.J.S.A. 40A:14-123.1a, preference may be given residents for initial appointments.
D. 
Application for appointment. Applicants for city employment shall apply on forms provided by the Clerk and which have been designed to obtain pertinent information concerning the applicant's education, training, experience, character and other factors necessary to determine his fitness and qualification for service to the city. All applications shall be filed with the Clerk.
E. 
Processing. The Clerk shall be charged with processing all applications for appointments to vacancies or new positions and reporting thereon to the Council. Where it appears that an applicant is otherwise qualified for city employment, the Clerk shall require that the applicant furnish evidence that he is physically fit for the position for which he seeks employment.
F. 
Grounds for rejection of an applicant. An applicant for city employment may be rejected where he:
(1) 
Is not qualified for appointment to the position for which he has applied.
(2) 
Is physically unfit to perform the duties of the position for which he has applied.
(3) 
Is addicted to the habitual or excessive use of drugs or intoxicants.
(4) 
Has been convicted of any crime or offense, including disorderly persons offenses, involving moral turpitude.
(5) 
Has received other than an honorable discharge from the Armed Services of the United States.
(6) 
Has been dismissed from previous employment for delinquency, insubordination or misconduct.
(7) 
Has practiced or attempted to practice any deception or fraud in his application or in furnishing other evidence of eligibility for appointment.
(8) 
Is not within age limits that have been established for the position for which he seeks appointment.
Editor's Note: N.J.S.A. 40A:14-123.1 refers to the appointment to a Police Department of a person who has served in the armed services and has been discharged or released "under conditions other than dishonorable."
Editor's Note: N.J.S.A 9:17B-1 extends to persons 18 years of age or older basic civil and contractual rights and obligations which include the right "to apply for and be appointed to public employment."
[New]
A. 
Probation. Each person appointed to a new position shall be deemed to be on probation in the position to which he/she has been appointed for a period of three months. This probation shall not affect permanent status of any other city employment that he/she may have achieved. Prior to the completion of the probationary period, he/she shall be evaluated by the Mayor or his designee to determine whether the probationary employee should be granted permanent status or dismissed. The Mayor or his designee may require reports from immediate supervisors or department heads for his purpose.
B. 
Personnel file. The Administrator or his designee shall initiate a personnel file for each new employee of the City, and all records of the employee concerning qualifications, permanent status, work history, accumulated vacation and sick leave, leave time, and the like shall be maintained in this file. The Administrator or his designee shall make the file available for inspection by the employee on a reasonable basis.
A. 
Working conditions shall be established and maintained under the provisions of collective bargaining agreements, personnel contracts, and State and Federal laws.
B. 
Holidays. The following are the holidays recognized by the City of South Amboy:
(1) 
New Year's Day.
(2) 
Martin Luther King Birthday.
(3) 
Lincoln's Birthday.
(4) 
President's Day.
(5) 
Good Friday.
(6) 
Memorial Day.
(7) 
Independence Day.
(8) 
Labor Day.
(9) 
Columbus Day.
(10) 
Election Day.
(11) 
Veterans Day.
(12) 
Thanksgiving Day.
(13) 
Day after Thanksgiving.
(14) 
Christmas Day.
G. 
Outside employment. Employees shall not accept outside employment or engage in outside business activities without the prior approval of the Mayor or his designee. No application for permission to accept outside employment shall be granted unless there is reasonable probability that such outside employment will not interfere with the employee's performance or compromise his position with the city through a conflict of interest.
A. 
An employee who has obtained permanent status or a person serving a working test period may be disciplined by a department head or by the appointing authority for cause. No employee shall be suspended or dismissed without the approval of the appointing authority.
[New]
(1) 
A verbal reprimand.
(2) 
A formal written reprimand.
(3) 
Suspension or fine.
(4) 
Disciplinary demotion.
(5) 
Removal.
B. 
General causes. An employee may be subject to discipline for:
(1) 
Incompetency, inefficiency or failure to perform duties.
(2) 
Insubordination.
(3) 
Inability to perform duties.
(4) 
Chronic or excessive absenteeism or lateness.
(5) 
Conviction of a crime.
(6) 
Conduct unbecoming a public employee.
(7) 
Neglect of duties.
(8) 
Misuse of public property, including motor vehicles.
(9) 
Other sufficient cause.
C. 
Limitations on suspension and fines.
(1) 
Any suspension may be with or without pay.
(2) 
Fines may be imposed only as follows:
(a) 
As a form of restitution;
(b) 
In lieu of a suspension, when it is established that a suspension of the employee would be detrimental to the public health, safety or welfare; or
(c) 
Where an employee has agreed to a fine as a disciplinary option.
(3) 
Any employee may pay a fine of more than five days' salary in a lump sum or through installments. Unless otherwise agreed to by the employee, an installment may not be more than 5% of the gross salary per pay period for a fine under $500; 10% of the gross salary per pay period for a fine between $500 and $1,000; or 15% of the gross salary per pay period for a fine over $1,000.
D. 
Types of discipline.
(1) 
Major discipline shall include:
(a) 
Removal.
(b) 
Disciplinary demotion.
(c) 
Suspension or fine for more than five working days at any one time.
(d) 
Suspension or fine for five working days or less where the aggregate number of days suspended or fined in any one calendar year is 15 working days or more.
(e) 
The last suspension or fine where an employee receives more than three suspensions or fines of five working days or less in a calendar year.
(2) 
Minor discipline shall include:
(a) 
A formal written reprimand; or
(b) 
A suspension or fine of five working days or less.
E. 
Procedures for major and minor discipline. The procedure for major and minor discipline of an employee shall be as established by the New Jersey Department of Personnel.
It is hereby declared to be the policy of the city to recognize and encourage meritorious actions on the part of its officers and employees. To this end, letters of commendation concerning city employees from their superiors and from members of the public with whom they deal shall be directed to the attention of the Council and recorded in the employee's personnel file. In addition, the Council may, of its own motion, commend the work of particular officers and employees and cause such commendation to be inserted in their personnel files.
A. 
Preamble. At the general election held in November 1963, there was submitted to the voters of the city the question of whether the city should adopt the provisions of the Civil Service Act of the State of New Jersey, and adoption thereof was duly approved and authorized by a majority of the voters of the city at this election. Immediately thereafter the Civil Service Commission of the State of New Jersey made a survey of all city officers and employees, covering the duties, salaries and respective departments of such employees. Following this survey the Civil Service Commission submitted to the Council three separate and distinct schedules as follows:
(1) 
Schedule 1. A complete list of the employees of the city, giving a suggested title for each employee, his salary and the department to which he is assigned.
(2) 
Schedule 2. A duties classification of the employees, setting forth the suggested titles to be used for the employees of the city, their respective duties, typical tasks, minimum qualifications for the purpose of examination and suggested salary schedules.
(3) 
Schedule 3. Recommended rules for the installation and administration of civil service procedures in and for the city.
B. 
Schedules incorporated. The schedules heretofore referred to and recommended to the city for adoption by the Civil Service Commission of the State of New Jersey, consisting of the following, are hereby made a part of this section in their entirely the same as though specifically set forth:
(1) 
Schedule 1, consisting of a schedule of catalogued lists of the present employees of the city, together with the title of each such employee and the date of election or appointment.
(2) 
Schedule 2, being a schedule of all positions in the city and containing under such provisions the duties, typical tasks, minimum qualifications and probable line of promotion for each position, and the same are hereby adopted as the official civil service classification of positions and employees in and for the city.
(3) 
Schedule 3, recommending rules for the installation and administration of civil service procedures in and for the city.
A. 
Civil actions. Subject to the limitations set forth in the subsequent provisions of this section, whenever any civil action has been or shall be brought against any person (hereinafter referred to as "employee") holding any office, position or employment with the City of South Amboy for any action or omission arising out of or in the course of the performance of the duties of such office, position or employment, the city shall defray all costs of defending such action, including reasonable counsel fees and expenses, together with costs of appeal, if any, and shall save harmless and protect such person from any financial loss resulting from the litigation. The Municipal Attorney or other attorney selected by the Council shall represent the city official or employee.
B. 
Criminal actions. The city shall not defray the costs of defending any criminal action against any municipal employee except as may be authorized by state statute or other municipal ordinance or resolution of the City of South Amboy, and in those circumstances, the responsibility for defraying the costs of defending such employee shall be applicable only when such criminal proceedings shall have been dismissed or result in a final disposition in favor of the employee. However, should the City Council determine that there is a good cause to dismiss the employee arising out of the incident or related incidents of the criminal prosecution, the city will not reimburse the employee or official for legal defense and costs of defending the suit even though criminal proceedings against the employee may be dismissed or the employee be found not guilty.
C. 
Limitation on obligation. The obligation of the City of South Amboy to defend and indemnify its employees for acts or omissions arising out of or in the course of the performance of the duties of that person shall be limited to those circumstances under which the acts of its employees were within the scope of the responsibilities of said officer or employees.