[1966 Code § 2-12.1; Ord. No. 1991-1 § 11]
The Mayor and Borough Council may by ordinance abolish, increase,
decrease or modify the terms and compensation of any office of the
Borough, except where such office has been or is created by general
law.
[1966 Code § 2-12.2; Ord. No. 1991-1 § 11]
The provisions of the Civil Service Act of the State of New
Jersey, Title 11 of the Revised Statutes of the State of New Jersey,
having been adopted by the voters of the Borough at the election held
on November 2, 1954, shall govern all classified employees of the
Borough.
[Ord. No. 2015-04]
a.
Schedule 1 of the Report of the Classification Plan for the Borough
of Belmar submitted by the New Jersey Department of Personnel is not
adopted as prepared in detail by the Department of Personnel and in
place thereof, there are hereby set up as set forth in Schedules A,
B, C, D, E and F the positions of officers, clerks and employees of
the Borough as classified therein and at the salary ranges set forth
therein.[1]
[1966 Code § 2-12.3; Ord. No. 1991-1 § 11; Ord. No. 1991-25 § 1; Ord. No. 1991-36 § 1; Ord. No. 1992-13 § 1; Ord. No. 1992-24 § 1; Ord. No. 1997-16 § 2; Ord. No. 1999-27 §§ 2, 3; Ord. No. 2002-04]
[1]
Editor's Note: Schedule A, B, C, D, E and F are included as attachments to this chapter.
b.
Effective immediately employees of the Borough of Belmar having the
position or title enumerated herein shall receive a rate of pay that
is within the established pay ranges as set forth in accordance with
the regulations of the New Jersey Department of Personnel and the
negotiated employment contract governing said employees. The following
salaries and indicated compensation, unless otherwise indicated, shall
be per annum.
[Amended 2-19-2019 by Ord. No. 2019-05; 8-16-2022 by Ord. No. 2022-11, retroactive to January 1, 2022.]
1.
Schedule A, "Blue Collar Workers," attached hereto and made part
hereof is amended, revised, adopted and enacted establishing a salary
or salary range for the year 2022.
2.
Schedule B, "Police Department Personnel," attached hereto and made
part hereof is amended, revised, adopted and enacted establishing
a salary or salary range for the year 2019.
3.
Schedule C, "Clerical and Public Safety Telecommunications," attached
hereto and made part hereof is amended, revised, adopted, and enacted
establishing a salary or salary range for the year 2022. The salaries
set forth shall be retroactive to January 1 of each year.
4.
Schedule D, "Others and Unclassified Positions," attached hereto
and made part hereof is amended, revised, adopted, and enacted establishing
a salary or salary range for the year 2022. The salaries set forth
shall be retroactive to January 1 of each year.
5.
Schedule E, "Seasonal, Beach and Unclassified Positions," attached
hereto and made part hereof is amended, revised, adopted, and enacted
establishing a salary or salary range for the year 2022.
[1966 Code § 2-12.5; Ord. No. 1991-11]
Minimum Salary for Permanent Appointment as Patrolman: The Borough
Council, after certification by the Chief of Police that it is in
the best interest of the Borough to so do, may by unanimous vote,
adopt as a Resolution authorizing the permanent employment of a patrolman
who has previously been certified by the New Jersey Police Training
Commission. In such event the minimum annual salary shall be equal
to Step Two on Schedule C. Such resolution shall not affect any other
employment rights as provided by law, ordinance or Department of Personnel
regulation.
[1966 Code § 2-12.6; Ord. No. 1991-1 § 11]
Schedule 2 of the Report of Classification Plan for the Borough
submitted by the Department of Personnel of the State of New Jersey
is hereby adopted and made a part of this section, with its accompanying
definition of each class, its distinguishing characteristics, examples
of work and the requirements to be applied for recruitment to the
class. However, all persons mentioned in Schedule 1 of the report
are confirmed in their positions under their new title for their respective
class.
[1966 Code § 2-12.7; Ord. No.
1991-1 § 11; Ord. No.
2015-04 § 1]
Schedule 3 of the Report of Classification Plan for the Borough
submitted by the New Jersey Department of Personnel of the State of
New Jersey is hereby adopted and made part of this section, being
rules for the installation and administration of Department of Personnel
procedures in and for the Borough, with the exception of Rules 3,
11 and 13 of that schedule, which rules are specifically deleted and
not accepted. The following additional rules are hereby adopted and
added to Schedule 3:
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(3)
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Departmental requests for changes in the class specification
shall be presented to the Borough Council which shall, as it deems
proper, forward the requests together with its recommendations to
the Department of Personnel for investigation and consideration.
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(13)
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All present employees now receiving the maximum rate or more
than the maximum rate established for the class shall not receive
further advancement in compensation as long as they continue to serve
in such position or classification.
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(14)
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Vacations - Vacations for all permanent employees covered by
Schedules A, B, C, D and E shall be governed by the provisions of
their respective negotiated contracts.
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(15)
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Sick Leave - Sick leave for all permanent employees covered
by Schedules A, B, C, D and E shall be governed by the provisions
of their respective negotiated contracts.
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(a)
Funeral and Bereavement Leave - Funeral and bereavement leave for
all permanent employees covered by Schedules A, B, C, D and E shall
be governed by the provisions of their respective negotiated contracts.
(b)
Partial Reimbursement for Unused Sick Leave for all Employees - Partial
reimbursement for Unused Sick Leave for all permanent employees covered
by Schedules A, B, C, D and E shall be governed by the provisions
of their respective negotiated contracts.
(c)
Dedicated Trust for Deferred Unused Sick Leave:
A.
Pursuant to the authority provided in N.J.S.A. 11:24A-3 and N.J.S.A.
11:14-13, the Borough Council hereby establishes a dedicated trust
fund for deferred unused sick leave. The Borough Council may deposit
in the fund annually such sum of money as it may deem appropriate
to eliminate or reduce unanticipated expenditures for deferred unused
sick leave payable to the estate of deceased municipal employees;
eliminate or reduce unanticipated expenditures for deferred unused
sick leave payable by reason of the retirement of an unexpected number
of employees in any given year; to prevent inequitable treatment among
retiring employees because of inadequate appropriations in any given
year; to provide the greatest possible latitude in the allocation
of Municipal expenditures mandated by N.J.S.A. 40A:4-45.1 et seq.;
and to eliminate or reduce the additional tax burden upon Municipal
taxpayers that would result from large payments for deferred unused
sick leave to retiring employees or their estates in any given year.
B.
Pursuant to the authority provided in N.J.S.A. 40A:4-63 the funds
deposited in the dedicated trust fund for deferred unused sick leave
shall be used for no other purpose. Interest earned on the fund shall
be added to the corpus of the trust when paid and shall be expended
for no other purpose than the corpus of the trust. The trust shall
be established in an authorized statutory depository and designed
as such by resolution of the Borough Council.
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(16)
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Reports - Each Department Head shall file a report giving name
of employee not reporting for duty that day together with the reason
for absence in accordance with form to be approved and adopted by
the Borough Council by appropriate resolution.
Each Department Head shall file as of seven days before each
pay date (which date shall be determined by resolution of the Borough
Council) a report listing all employees and their working time and
absence in accordance with forms to be approved and adopted by the
Borough Council by appropriate resolution.
Every report heretofore mentioned shall be signed by the Department
Head personally, or such person he or she shall designate in writing
to act for him or her in his or her absence from duty and shall be
filed with the Borough Clerk.
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(17)
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Holidays - Holidays for all permanent employees covered by Schedules
A, B, C, D and E shall be governed by the provisions of their respective
negotiated contracts.
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(18)
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Overtime for Hourly Workers Only - Overtime for hourly workers
shall be paid for all permanent employees covered by Schedules A,
B, C, D and E and shall be governed by the provisions of their respective
negotiated contracts.
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(19)
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Clothing Allowance for Employees - Clothing allowance for all
permanent employees covered by Schedules A, B, C, D and E shall be
governed by the provisions of their respective negotiated contracts.
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(20)
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Dental Insurance Program - Dental insurance for all permanent
employees covered by Schedules A, B, C, D and E shall be governed
by the provisions of their respective negotiated contracts.
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(21)
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Prescription Insurance Program - Prescription insurance for
all permanent employees covered by Schedules A, B, C, D and E shall
be governed by the provisions of their respective negotiated contracts.
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(22)
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Post-Retirement Health Insurance - The Borough shall pay the
cost of post-retirement health insurance benefits available through
the New Jersey State Health Benefits Plan for those permanent employees
covered by Schedules A, B, C, D and E who satisfy the eligibility
requirements set by law.
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(23)
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Eyeglass Prescription and Eye Examination Insurance Program
- Eyeglass prescription and eye examination insurance for all permanent
employees covered by Schedules A, B, C, D and E shall be governed
by the provisions of their respective negotiated contracts.
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(24)
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New Jersey State Plan for Temporary Disability Benefits Program
- The Borough shall enroll in the New Jersey State Plan for Temporary
Disability Benefits and shall be subject to the requirements and conditions
imposed by law with respect to the plan.
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(25)
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Hearing Test - The Borough shall pay for a complete hearing
test annually for the Belmar Communications Operators.
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(26)
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Personal Days - Personal days for all permanent employees covered
by Schedules A, B, C, D and E shall be governed by the provisions
of their respective negotiated contracts.
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(27)
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Educational Increment - Covered by Schedules A, B, C, D and
E; the provisions of their respective negotiated contracts shall govern.
[Amended 2-19-2019 by Ord. No. 2019-05] |
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(28)
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Incentive Pay - Incentive pay for all permanent employees covered
by Schedule C shall be governed by the provisions of their respective
negotiated contracts.
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[1966 Code § 2-12.8; Ord. No. 1991-1 § 11; Ord. No. 1997-16 § 2; Ord. No. 2002-04; Ord. No. 2015-04 § 2;
amended 2-19-2019 by Ord. No. 2019-05]
Longevity pay of a percentage of the current annual base salary
shall be paid to each permanent full-time classified and unclassified
employee of the Borough as listed in Schedules A, B, C, D and E[1] as governed by the provisions of their respective negotiated
contracts.
[1]
Editor's Note: Schedules A through E are included as attachments to this chapter.
[1966 Code § 2-12.9; Ord. No. 1991-1 § 11]
a.
Every officer or employee of the Borough who by virtue of his/her
office or position is entrusted with the receipt, custody or expenditure
of public monies or funds, and any other officer or employee who may
be required so to do by the Borough Council shall execute and deliver
a surety bond in such amount as may be fixed by the Borough Council,
binding upon him to the Borough in its corporate name and conditioned
upon the true and faithful performance of his or her duty. Each officer
or employee required by law to give bond shall execute such a bond
with sufficient surety and deliver the same to the Borough Clerk.
b.
If any officer or employee shall neglect to execute and deliver his
or her bond as herein required, within 30 days after due notification
of his or her election or appointment, his or her office or position
may be declared vacant.
c.
In every case in which any person is required by the laws of the
State or by any ordinance of the Borough to give a bond for the faithful
performance of his duties, such bond shall be secured by a corporate
surety authorized to do business in this State and the premium therefor
shall be paid by the Borough. Each bond shall be approved by the Borough
Attorney as to form and sufficiency, and nothing in this section shall
be construed to prevent the use of one or more blanket bond or bonds
when so approved.
[1966 Code § 2-12.10; Ord. No.
1991-1 § 11; amended 1-21-2020 by Ord. No. 2020-05]
All offices of the Borough shall be open between the hours of
9:00 a.m. and 4:30 p.m., five days a week, except on Saturdays, Sundays
and legal holidays. "Legal holidays" shall be defined to include the
day after Thanksgiving and any holiday set forth in N.J.S.A. 36:1-1
et seq. On Christmas Eve, offices shall close at 12:00 noon as set
forth in adopted union contracts. General Election Day, Veteran's
Day, and Lincoln's Birthday shall not be considered a holiday, and
all offices shall be open during regular office hours. N.J.S.A. 36:1-1.2
shall be applicable to the Borough.
[1966 Code § 2-12.11; Ord. No.
1991-1 § 11]
The aforementioned Department of Personnel report and schedules
shall be filed with the Borough Clerk. The salary and wage provisions
of this section shall be effective upon final passage and publication
as required for adoption of a salary ordinance.
[1966 Code § 2-12.2; Ord. No. 1991-1 § 11]
a.
Pursuant to the authority provided in N.J.S.A. 59:10-4, the Borough
of Belmar shall provide for the defense of an employee or former employee
and shall indemnify an employee or former employee consistent with
the protection provided for, and under the same terms and conditions
as provided for State employees or former State employees, under the
New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. "Employee" for
purposes of this subsection shall include anyone elected to the office
of the Mayor or the Borough Council of the Borough of Belmar or appointed
to public office or employment with the Borough of Belmar, or any
of its boards, commissions, authorities, utilities, or subdivisions,
whose members are appointed by the Mayor and Borough Council with
or without compensation, or whether or not such office or employment
is subject to Title XI, New Jersey Civil Service Act.
b.
All rights, duties, and responsibilities provided for the Attorney
General in the Tort Claims Act, or any amendments or supplements thereto,
are provided to all parties affected under this subsection; such rights,
duties and responsibilities being vested in the Mayor and Borough
Council. The protection afforded pursuant to this subsection shall
be deemed additional protection to that which otherwise may be provided
by statute or State or Federal regulation; and any inconsistency or
conflict between any such statute or State, or Federal regulation
shall be construed liberally in favor of the employees or former employee.
[Ord. No. 1991-1 § 11; Ord. No. 1991-37 § 1; Ord. No. 1992-13 § 3; Ord. No. 1995-10 § 3; Ord. No. 1996-03 §§ 2, 3]
a.
All permanent full-time classified and unclassified employees working
more than 1,690 hours per annum for the Borough and listed in Schedules
A, B, C, D, E and F shall qualify for all fringe benefits as governed
by the provisions of their respective negotiated contracts. All permanent
full-time employees not covered by negotiated contracts shall qualify
as a minimum for those benefits covered by the negotiated contract
between the Borough and clerical employees.
No part-time employee is eligible for any fringe benefits, except
enrollment in the Public Employees Retirement System.
Part-time officers and employees not eligible for fringe benefits
may elect to enroll at their expense in the Health Benefits Plan provided
monthly payments in full are received by the Chief Financial Officer
on or before the fifth of each month, except the Tax Assessor at his
option may enroll at the expense of the Borough.
b.
The Borough of Belmar enacts this Subsection b to comply with its obligations pursuant to its Collective Bargaining Agreements with the Borough of Belmar Police Benevolent Association of Local No. 50; the Communications Workers of America; the International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers Local 417; and the Borough of Belmar Supervisors Association of the Borough of Belmar, and the eligibility requirements set forth in N.J.S.A. 40A:10-23;
Effective April 1, 1996, the Borough elects to provide eligible
retired employees and his or her spouse with health insurance benefits.
Employees qualify for retiree health coverage if they retire:
1.
With 25 years or more of service credit in the Police and Firemen's
Retirement System or the Public Employees Retirement System and after
19 years of service with the Borough of Belmar; or
2.
Within the meaning of the Police and Firemen's Retirement System
or the Public Employees Retirement System and after at least 15 years
of service with the Borough and after they have reached the age of
62 years or older; or
3.
On a disability pension regardless of the number of years of service.
[Ord. No. 1993-33 § 1; 11-4-2020 by Ord. No. 2020-38]
Residents of the Borough of Belmar shall be given preference
upon initial hiring to all competitive positions, except as otherwise
provided by law. Any bona fide resident for the purpose of this section
is a person having a permanent domicile within the Borough.
In the event that there are no qualified residents to initially
fill positions of employment within the Borough, then preference shall
be given in the following order:
[Ord. No. 2005-16 § I]
The operation of this section shall not conflict with the laws,
rules and regulations for filling positions covered by the provisions
of the Civil Service Act of the State of New Jersey or with any provisions
of any collective bargaining agreement with the Borough of Belmar.
Should any conflicts arise, the requirements of the Civil Service
Act or the collective bargaining agreement shall govern.
a.
All positions within the Borough of Belmar for any full-time position
shall be posted in a conspicuous place within any Borough building
which contains Borough offices. The position shall also be published
in an official newspaper of the Borough of Belmar. The notice of the
opening for a position shall include a brief description of the position
and qualifications for the same and any other information deemed pertinent.
Copies of the foregoing shall be placed in the Mayor's and each Councilperson's
mailbox at the Municipal Building.
b.
The positions covered under this section include any position for
which a salary, wage or other remuneration is offered.
c.
The Mayor shall cause each member of the Borough Council to be provided
with copies of the resumes or employment applications submitted by
interested candidates for a posted full-time opening. Each member
of the Borough Council shall have an opportunity to identify up to
three applicants for the position that he or she believes should be
interviewed. Each applicant who is designated for an interview by
at least two members of the Borough Council shall be interviewed by
the Mayor and/or such department heads or other municipal personnel
that the Mayor shall designate to serve as the interviewing committee.
Any member of the Borough Council, who shall desire to participate
in all of the interviews for a position, shall be entitled to do so.
Those participating in the interviews shall submit their individual
and/or joint recommendations to the Mayor in writing, with copies
to the members of the Borough Council.
d.
Notwithstanding anything contained herein to the contrary, the Mayor
may, with the unanimous consent of the Borough Council, dispense with
the requirement to post and advertise a full-time job opening, where
the position is to be filled by an existing full-time employee of
the Borough.
e.
The decision to hire any applicant shall be in accordance with applicable
laws and ordinances.
[1]
Editor's Note: Former Section 11-16, Director of Special Operations,
added 2-19-2019 by Ord. No. 2019-06, was repealed 2-28-2023 by Ord. No. 2023-01.
[Added 4-6-2021 by Ord.
No. 2021-06]
a.
An employee shall be eligible to receive donated sick or vacation
leave if the employee:
1.
Qualifying Medical Criteria for Recipient Participation.
(a)
Employee must be suffering from a catastrophic health condition
or injury;
(b)
The employee is needed to provide care to a member of the employee's
immediate family who is suffering from a catastrophic health condition
or injury;
(c)
The employee requires absence from work due to the donation
of an organ, including, but not limited to, the donation of bone marrow;
or
(d)
The employee requires absence from work during a period of disability
due to the pregnancy of the employee which requires the care of a
physician who provides a medical verification of the need of the employee's
absence from work for 30 or more work days, regardless of whether
the absence from work commences before the expected delivery date
or after the actual delivery date.
2.
Additional Qualifications Necessary for Recipient Participation.
(a)
The employee must have completed at least one year of continuous
service with the Borough;
(b)
The employee must have exhausted all accrued paid leave including
compensatory, sick leave, vacation time and administrative leave;
(c)
The employee must produce acceptable medical verification from
a physician or other appropriate licensed health care professional.
The medical verification must indicate the nature, severity and anticipated
duration of the disability resulting from the catastrophic health
condition or injury, or appropriate medical verification for reason
of disability due to pregnancy of the employee;
(d)
The employee shall not have been disciplined, in the two-year
period immediately preceding the employee's need for donated leave,
for chronic or excessive absenteeism, chronic or excessive lateness,
or abuse of leave;
(e)
A leave recipient shall receive at least five sick days or vacations
or a combination thereof from one or more leave donors to participate
in the donated leave program; and
(f)
A leave recipient shall receive no more than 260 sick or vacation
days, and shall not receive any days on a retroactive basis.
b.
Definition of Catastrophic Condition or Injury.
1.
For purposes of this section, a "catastrophic condition or injury"
shall be defined as follows:
(a)
With respect to an employee:
(1)
A life-threatening condition or combination of conditions; or
(2)
A period of disability required by his or her mental or physical
health or the health of the employee's fetus which requires the care
of a physician who provides a medical verification of the need for
the employee's absence from work for 60 or more work days; and
(b)
With respect to an employee's immediate family member:
(1)
A life-threatening condition or combination of conditions; or
(2)
A period of disability required by his or her mental or physical
health which requires the care of a physician who provides a medical
verification of the need for the family member's care by the employee
for more than 60 or more work days.
c.
Eligibility for Leave Donor Participation.
1.
To be eligible as a donor an employee must meet the follow criteria:
(a)
A leave donor shall donate only whole sick days or vacation
days.
(b)
A leave donor may not donate more than 30 whole sick days or
vacation days to any one recipient.
(c)
Upon completion of donating time pursuant to the Donation Leave
Program, a leave donor shall have remaining at least 20 days of accrued
sick leave if donating sick leave and at least 12 days of accrued
vacation leave if donating vacation leave.
(d)
A leave donor shall not revoke any leave donation.
d.
Procedures and Operation of Donated Leave Program.
1.
Employee Requests to Participate.
(a)
An employee may request to participate in the Donated Leave
Program. The employee requesting to participate should contact the
Borough's Business Administrator or his/her designee, in writing,
regarding his or her intent to request participation. A supervisor
or department head may also initiate the process on behalf of the
employee. Participation in the program is on a strictly voluntary
basis.
(b)
Decisions regarding eligibility will be made on a case-by-case
basis by the Business Administrator or his/her designee.
(c)
An employee shall be prohibited from threatening or coercing,
or attempting to threaten or coerce, another employee for the purpose
of interfering with the rights involving donating, receiving, or using
donated leave time. The acts prohibited shall include, but not be
limited to, promising to confer a benefit such as an appointment or
a promotion, or making a threat to engage in an act of retaliation
against an employee.
2.
Approval.
(a)
Requests are subject to receipt and approval of Recipient Affidavit
and Donor Transfer Certification Transfer Forms. In the event a prospective
recipient is unable to complete the Recipient Affidavit Form, the
employee's family member or other legally appropriate designee may
complete the form on behalf of the employee. The donor shall also
complete the Donor Transfer Certification.
(b)
The donor forms shall reflect that no one has directly or indirectly
intimidated, threatened or coerced, or attempted to intimidate or
coerce any other employee for the purpose of interfering with rights
involving donating, receiving or using donated leave time.
(c)
Once a recipient has been approved for participation in the
Donated Leave Program, the Borough Administrator or his/her designee
will post or otherwise advise all employees of the ability to donate
leave time to the recipient. Such posting or advisements shall only
be undertaken with the consent of the recipient, or if the recipient
is unable to consent, the recipient's family or other appropriate
legal representative.
(d)
The recipient's leave account will be credited with the donated
time upon approval of the Recipient Affidavit Form.
3.
Any unused, donated leave time shall be credited to the leave donor(s)
on a prorated basis upon the leave recipient's return to work. However,
any portion that would amount to less than one day per donor will
not be returned.
4.
Recipients cannot collect Temporary Disability Insurance (TDI) while
participating in the Donated Leave Program. Once an employee has exhausted
all benefits from the Donated Leave Program, the employee may make
application for TDI.
5.
As required in accordance with N.J.S.A. 11A:6-5.1 and N.J.A.C. 4A:6-1.22,
while using donated leave time the leave recipient shall accrue sick
and vacation leave and be entitled to retain such leave upon his or
her return to work.
6.
Upon retirement, the leave recipient shall not be granted supplemental
compensation for any unused leave days which the leave recipient received
through the Donated Leave Program.
7.
Upon 30 days written notice to the Chairperson of the Civil Service
Commission or designee, all affected employees and labor negotiations
representatives representing the employees of the Borough, the Borough
may suspend or terminate the Donated Leave Program.
