[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.
[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.
[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.
[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:
[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:
c. Construction Code Official;
d. Qualified Purchasing Agent;
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.