[Ord. #11/15/63, § 1]
The following classes of positions, duties of which are set forth as part of this chapter by reference to the three separate and distinct schedules prepared by the New Jersey Civil Service Commission are hereby created.[1]
[1]
Editor's Note: Reclassification schedules, as set forth in a survey conducted by the New Jersey Civil Service Commission, are on file in the Borough offices.
[Ord. #11/15/63, § 2; Ord. #9/19/73, 1973 Code § 17-2]
All salaries and salary ranges shall be decided by ordinance adopted by the Mayor and Borough Council, which ordinance shall specify salaries for each and every class of job mentioned in the schedules; and salaries and any increment thereto provided in the ordinance shall be contingent on the availability of funds.
[1]
Editor's Note: Payroll Procedures may be found in Chapter 2, Section 2-21. Salary Ordinances have not been included in the Code. See Annual Salary Ordinance in the office of the Borough Clerk.
[Ord. #11/15/63, § 3; Ord. #9/19/73, 1973 Code § 17-3]
The Mayor and Borough Council of Beachwood in the County of Ocean, State of New Jersey, does reserve the right to pay a salary to any employee at any figure given in the ordinances to be adopted.
[Ord. #11/15/63, § 4]
The adoption of this section shall not operate so as to decrease or increase the present pay of any officer or employee, anything in the schedules to the contrary notwithstanding.
[Ord. #3/7/69]
The following classes of positions, duties of which are set forth as part of this chapter by reference to the three separate and distinct schedules prepared by the New Jersey Civil Service Commission, are hereby created.[1]
[1]
Editor's Note: Reclassification schedules, as set forth in a survey conducted by the New Jersey Civil Service Commission, are on file in the Borough offices.
[Ord. #2/5/75, § 1; Ord. #95-19, § I]
Residency within the Borough of Beachwood shall not be required for any person appointed to the office of Borough Attorney, Borough Engineer or Borough Auditor, pursuant to the provisions of N.J.S.A. 40:87-15.
[Ord. #82-12, § 1; Ord. # 95-19, § 2]
a. 
Appointment. Except as is otherwise provided by law or provided herein, all officers and employees appointed to positions of employments for the Borough, after the effective date of this section, shall be bona fide residents of the Borough of Beachwood. A bona fide resident for the purpose of this section is a person having a permanent domicile within the Borough and one which has not been adopted with the intention of again taking up or claiming a previous residence acquired outside of the Borough.
b. 
Eligibility of applicants for positions and employments in the classified service of the Borough. The Borough Council hereby limits the eligibility of applicants for positions and employments in the classified service of the Borough to bona fide residents except as otherwise provided herein or by law.
c. 
Unavailability of qualified residents for available specific positions of employments; nonresident employees to become bona fide residents within one year of appointment. Whenever the Borough Council shall by resolution determine that there cannot be recruited a sufficient number of qualified residents for available specific positions or employments, the Borough officials or the Civil Service Commission, as the case may be, shall advertise for other qualified applicants who shall be classified as follows:
1. 
Other residents of Ocean County;
2. 
Other residents of counties contiguous to Ocean County;
3. 
Other residents of the State;
4. 
All other applicants.
The Borough shall first appoint all those in Class 1 and then those in each succeeding class in the order above listed after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment.
It shall be specified at the time of employment that all nonresidents subsequently appointed to positions or employments for the Borough of Beachwood after the effective date of this section, shall become bona fide residents of the Borough within one year of their appointment.
d. 
Specific positions and employment requiring special talents or skills; filling without reference to residency. Whenever the Borough Council shall determine by resolution that there are certain specific positions or employments requiring special talents or skills which are necessary for the operations of the Borough and which are not likely to be found among the residents of the Borough, such positions or employments so determined shall be filled without reference to residency.
Any such resolution shall set forth in detail the reasons upon which such a determination is made.
e. 
Preference to promotion to bona fide residents. When promotions are based on merit as determined by suitable promotion tests or other objective criteria, officers and employees who are bona fide residents shall be given preference over a nonresident in any instance when all 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.
f. 
Preemption by Order of Court or of State or Federal Agency to eliminate discrimination. Any requirements concerning eligibility, appointment or promotion contained in this section 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.
[Ord. #2008-17, Preamble]
The State Legislature recently adopted Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1 et seq.) to create the Defined Contribution Retirement Program to provide retirement benefits to various county and municipal officials.
N.J.S.A. 43:15C-2 requires the governing body of each municipality to determine the positions that are substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State, pursuant to guidelines or policy that shall be established by the Local Finance Board in the Department of Community Affairs, and for which officials appointed to such positions shall be eligible for and shall participate in the Defined Contribution Retirement Program, subject to the provisions of law.
The Borough Council of the Borough of Beachwood has considered the guidelines issues by the Local Finance Board.
[Ord. #2008-17, § 1]
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:
a. 
Business Administrator.
[Ord. #2008-17, § 2]
Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S.A. 43:15C-2:
a. 
Tax Collector;
b. 
Chief Financial Officer;
c. 
Construction Code Official;
d. 
Qualified Purchasing Agent;
e. 
Tax Assessor;
f. 
Registered Municipal Clerk;
g. 
Licensed Uniform Subcode Inspector;
h. 
Principal Public Works Manager.
[Ord. #2008-17, § 3]
If an individual is appointed to one of the positions listed in subsection 21-4.2 and the individual is not serving in a position as described in subsection 21-4.3 above, the Pension Certifying Officer of the Borough may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual: (a) was an active participant in the Public Employee Retirement System on July 1, 2007 and continuously since that time; or (b) has been appointed pursuant to a valid promotional process; or (c) is appointed on a temporary, interim, or "acting" basis to a position requiring State Certification as set forth in subsection 21-4.3 herein, and is in pursuit of the required certification; or (d) meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.
[Ord. #2008-17, § 4]
This section shall be implemented, construed and subject to the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1 et seq.) as amended from time to time, and any regulations or guidance documents from the Local Finance Board or the Division of Pensions and Benefits.
[Ord. #2008-17, §§ 1—4]
a. 
Manual adopted. The Mayor and Council of the Borough of Beachwood does hereby adopt and enact the attached Personnel and Procedural Manual which is attached and incorporated hereto as Schedule A.[1]
[1]
Editor's Note: The Personnel and Procedural Manual, referred to herein, may be found on file in the office of the Borough Clerk.
b. 
All references to "Local Unit Type" shall be termed "Borough."
c. 
Amendments; applicability. The Mayor and Council shall by resolution, adopt and amend from time to time the Personnel Policies and Procedures Manual including rules concerning hiring and termination of employees, terms and conditions of employment and regulations required to comply with applicable Federal and State employment-related law. The personnel policies and procedures adopted pursuant to said resolutions shall be applicable to all officials, appointees, perspective employees, volunteers and independent contractors of the Borough.
d. 
Implementation and enforcement. The Borough Administrator or an official or employee designated by the Mayor and Council shall be responsible to implement and enforce the personnel practices adopted by ordinance or resolution authorized pursuant to this section. If there is a conflict between said personnel practice and any duly-adopted and any lawful collective bargaining agreement, personnel services contract or Federal or State law, the terms and conditions of that contract or law shall prevail. In all other cases, the practices adopted pursuant to this section shall prevail.