[Amended by Ord. No. 1994-10]
The Council hereby declares the following principles
to constitute the personnel policy of the Township of Delran:
A.
The New Jersey State Civil Service Law and the Civil
Service Rules of the State of New Jersey, which are applicable to
municipalities, provide the basic framework for employment in the
Township government.
B.
Employment in the Township government shall be based
on merit and fitness, free of personal and political considerations.
C.
Just and equitable incentives and conditions shall
be established and maintained in order to promote efficiency and economy
in the operation of the Township government.
D.
Positions with senior duties and responsibilities
shall be classified and compensated on a uniform basis.
E.
Appointments, promotions and other personnel actions
requiring the application of the merit principle shall be based on
systematic tests and evaluations of knowledge and performance, and,
where appropriate, these shall be carried out through the Township's
participation in the New Jersey State Civil Service System.
F.
Every effort shall be made to stimulate high morale
by fair administration of this section, and by consideration of the
rights and interests of employees, consistent with the best interest
of the public and the Township.
G.
Continuity of employment shall be subject to good
behavior, satisfactory performance of work, necessity for the performance
of work and availability of funds.
H.
Qualified Township residents shall be given first
consideration for vacancies and new positions, where permitted by
law.
I.
All applicants for appointment to or for promotion
within the Police Department shall be qualified for appointment or
promotion as required by law, ordinance and Civil Service rules and
regulations.[1]
The Council may, by ordinance, abolish, increase,
decrease or modify the terms and compensation of any office of the
Township, except that the Council may not abolish or alter the terms
of an office that has been, or is, created by general law. Except
where an office is abolished, no decrease or modification of its terms
and compensation shall affect any incumbent holding such office for
the duration of the term for which he or she was appointed.
A.
General allocation. All offices and positions of the
Township shall be and are hereby allocated to the classified service
and unclassified service.
B.
Unclassified service. The unclassified service shall
include the following:
(1)
All elected officials and members of citizen boards
and committees.
(2)
Administrator, Clerk, Assessor, Collector, Chief Financial
Officer, Director of Welfare, department directors, together with
any legal assistants, including the Prosecutor.
(3)
One secretary each to the Mayor, Administrator and
department directors.
(4)
Volunteer personnel and personnel appointed to serve
without compensation.
(5)
Consultants and counsel rendering temporary professional
service.
C.
D.
Scope. The provisions of this section shall apply
only to the classified service unless otherwise specifically provided
therein.
A.
Establishment. The Administrator shall make or cause
to have made an analysis of the duties and responsibilities of all
full-time positions in the Township, except his or her own position.
The Administrator shall recommend to the Mayor for transmission to
the Council a position-classification plan. Within 30 days after adoption
of a position-classification plan by resolution of the Council, the
Administrator shall assign each employee to an appropriate class in
accordance with the position-classification plan and with the approval
of the Civil Service Department of the State of New Jersey.
B.
Basis of position classification. Each position shall
be assigned or allocated to an appropriate job classification on the
basis of the kind and level of its duties and responsibilities to
the end that all positions in the same classification shall be sufficiently
alike to permit the use of a single descriptive title, the same tests
of competence and the same salary range, thus carrying out the basic
principle of classification which is equal pay for equal work. A job
classification may contain one position or a number of positions.
The Administrator, from time to time, shall review the job classification
and submit a report thereof to the Mayor and Council.
C.
Change in classification plan.
(1)
The classification plan may be amended from time to
time by resolution of the Council. Such changes may result from the
need for creating new positions, changes in organization or changes
in assigned duties and responsibilities and will be effected in cooperation
with the Civil Service Commission of the State of New Jersey.
(2)
The Administrator shall review all requests for creation
of new positions, the abolition or consolidation of present positions,
reclassification of positions to different job classes or the reallocation
of positions to new salary ranges. In such review, he or she shall
study the current duties and responsibilities of the position concerned
and take appropriate action necessary to ensure the correct classification
and allocation of the position.
(3)
Each department head shall report to the Administrator
any changes in his or her organization or assignment of duties and
responsibilities to a given employee which would result in changes
in the position-classification plan or in the classification of any
of the positions in his department.
(4)
An employee may submit a request, in writing, to the
Administrator at any time for a review of the duties and responsibilities
of his or her position. Such a request shall be submitted through
his or her division head and shall include the employee's own description
of his or her current duties and responsibilities. The Administrator
shall then make an investigation of the position to determine its
correct allocation, and shall report his or her findings, in writing,
to the Mayor and shall furnish a copy to the employee requesting the
review and to his or her department head.
A.
Appointment procedures. All employees, officers and
department heads of the Township shall be appointed as provided in
this chapter, except as may be otherwise provided by the Faulkner
Act or general law. The Mayor, Council and Administrator are to be
governed by the provisions of this personnel policy code in their
appointments and hiring practices.
B.
Power of appointment. The Administrator and all department
directors of the Township shall be appointed by the Mayor, as authorized
by statute and this chapter. Appointments for which no other provision
is made by or pursuant to the Charter shall be by the Mayor, with
the advice and consent of the Council. Each department director shall
appoint, promote and remove subordinate officers within his or her
department, subject to the approval of the Administrator and the Civil
Service Department of the State of New Jersey.
Original appointments to fill vacancies or for
new positions shall be limited to qualified persons who have been
interviewed or tested concerning such factors as education, experience,
aptitude, knowledge, character and physical and mental fitness.
Provided 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 Township
and secondly to persons who are residents of the Township at the time
of their appointment, where permitted by law.
Applicants for employment shall apply on terms
provided by the Township and which have been designed to obtain pertinent
information concerning the applicant's education, training, experience,
character and other factors necessary to determine his or her fitness
and qualifications for service to the Township. All applications shall
be filed with the Administrator.
A.
Department heads. The department head shall be charged
with processing all applications for appointment to vacancies and
new positions, and shall report thereon to the official having the
power of appointment.
B.
Physical examination. Employment as a full-time employee
in any capacity requires, prior to employment, successful passing
of a physical examination to assure that the work required to be performed
will not cause injury to the employee and that the person is physically
fit to meet the requirements of the job. Prospective employees in
all casual or temporary part-time Township jobs may be required to
produce a certificate of health from a licensed physician of the State
of New Jersey as a prerequisite for such employment. Periodic physical
examinations may be required thereafter for all employees of the Township.
All required examinations, except for certification of health for
casual to temporary part-time employees, shall be at the Township
expense and shall be made by a physician designated or approved by
the Township.
An applicant for employment may be rejected
where he or she:
A.
Is not qualified for appointment to the position for
which he or she has applied.
B.
Is physically unfit to perform the duties of the position
for which he or she has applied.
C.
Is addicted to the habitual or excessive use of drugs
or intoxicants.
D.
Has been convicted of any crime or offense, including
disorderly person offenses involving moral turpitude.
E.
Has been dismissed from previous employment for delinquency,
insubordination or misconduct.
F.
Has practiced or attempted to practice any deception
or fraud in his or her application or in furnishing other evidence
of eligibility for appointment.
G.
Is not within the age limits that have been established
for the position for which he or she seeks appointment.
Except when provided by law, every person appointed
to a new position shall be deemed to be on probation in the position
to which he or she shall have been appointed for a period of three
months, but such probation shall not affect permanent status of any
other Township employment that such person may have achieved. Prior
to his or her completion of the probationary period, the employee
or officer shall be evaluated by the department head to determine
whether he or she shall be granted permanent status or dismissed.
The appointing authority may require reports and recommendations from
the immediate superiors and department heads for this purpose. In
accordance with N.J.S.A. 52:17B-69, a probationary or temporary appointment
as a police officer may be made for a total period not exceeding one
year for the purpose of enabling a person seeking permanent appointment
to take a police training course as required by law.
The Administrator shall initiate a personnel
file for each new employee, and all records of such employee concerning
qualification, permanent status, work history, accumulated vacation
and sick leave, leave time and the like shall be maintained for such
employee in such file. The Administrator shall make such files available
for inspection by the employee on a reasonable basis. Each department
head shall maintain personnel records on employees in his or her department.
[Amended 7-9-2019 by Ord. No. 2019-11]
A.
Hours. The official office hours of the Township are
from 9:00 a.m. to 5:00 p.m., prevailing time, Monday through Friday.
The hours of work for employees, including lunch hour, shall be specified
by the department head. Full-time department heads shall be available
in their offices from 9:00 a.m. to 5:00 p.m., daily, and in the event
that Township business requires them to leave their office they shall
provide the Township with their itinerary and information as to where
they may be reached in the event of an emergency.
B.
Holidays.
(1)
Due to the emergency nature of the work of the Police
Department, the provisions of this subsection shall not be applicable
to members of the Police Department.
(2)
The official holidays with pay shall be observed by
the Township, in accordance with the Salary Ordinance.
(3)
If a holiday falls on a Sunday, it shall be observed
on the following Monday.
C.
Sick leave.
(1)
As used in this subsection, the term "sick leave"
shall mean paid leave that may be granted to any employee who, through
sickness or injury, becomes incapacitated to a degree that makes it
impossible for him or her to perform the duties of his or her position,
or who is quarantined by a physician because he or she has been exposed
to a contagious disease. Part-time and temporary employees are not
eligible for sick leave.
(2)
Sick leave with pay will be allowed, provided that
the employee provides satisfactory proof of his or her illness or
disability with a licensed physician's certificate as herein provided
and notifies his or her supervisor promptly of his or her illness,
and provided further that the employee's illness or disability is,
in the opinion of a physician of the Township's choice, the result
of events or acts beyond the employee's control.
(3)
Sick leave shall be computed on the basis of the applicable
rules and regulations of civil service. Those employees who are not
filling civil service positions, nevertheless, for the purpose of
sick leave only, shall have sick leave computed pursuant to the Civil
Service Rules and Regulations.
D.
Outside employment. Employees shall not accept outside
employment or engage in outside business activities without the prior
approval of the department head. 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 or her position with the
Township through a conflict of interest. In the case of a full-time
employee of the Township, such outside employment shall not exceed
20 hours per week.
E.
Donated leave program. Eligible employees of the Township of Delran
shall be qualified to receive donated sick leave if the employee:
(1)
Has completed at least one year of continuous service with the Township
of Delran; and
(2)
Has exhausted all accrued sick, vacation and personal leave, all
sick leave injury benefits, and compensatory time; and
(3)
Has not, in the two-year period immediately preceding the employee's
need for donated leave, been disciplined for chronic or excessive
absenteeism, chronic or excessive lateness or abuse of leave; and
(4)
Either:
(a)
Suffers from a "catastrophic health condition or injury" requiring
absence from work for 60 days or longer; or
(b)
Is needed to provide care to a member of the employee's
immediate family (as defined under the FMLA) who is suffering from
a "catastrophic health condition or injury;" or
(c)
Requires absence from work due to the donation of an organ (which
shall include, for example, the donation of bone marrow).
(5)
For the purposes of the Township of Delran Donated Leave Program,
a "catastrophic health condition or injury" shall be defined as:
(a)
With respect to an employee, a "catastrophic health condition
or injury" is defined as a life-threatening condition or combination
of conditions, or a period of disability required by his or her mental
or physical health or the health of an 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
workdays.
(b)
With respect to an employee's immediate family member,
a "catastrophic health condition or injury" is defined as a life-
threatening condition or combination of conditions, or 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 immediate family member's care by the employee
for 60 or more workdays.
(6)
Required approval:
(a)
The employee may request his/her department head approve his
or her participation in the program as a leave recipient or as a leave
donor. The department head shall submit the application to the Township
Administrator for final approval. Department heads shall make application
directly to the Township Administrator. If the Township Administrator
wishes to participate in the program, he shall submit the application
to the HR Director, who shall submit the application to, and confer
with, the Township Council.
(b)
Leave recipient:
[1]
The leave recipient, upon application to the program, shall
submit medical verification from a physician or licensed health care
provider, indicating the nature and anticipated duration of the catastrophic
health condition or injury, or the donation of an organ, as the case
may be. A certification shall also be provided that the recipient
has neither threatened nor coerced, nor solicited nor offered anything
of value, for the purpose of obtaining a donation of leave.
[2]
Upon approval of the Township Administrator, the Administrator
shall, with the leave recipient's consent, post or circulate
the employee's name along with those of other eligible employees
in a conspicuous manner for 30 days to encourage the donation of leave
time, and shall provide notice to all negotiations representatives
in the Township. If the employee is unable to consent, based on the
underlying condition, to the posting or circulation, the employee's
family may consent on his or her behalf.
[3]
A leave recipient must receive at least five sick days from
one or more leave donors to participate in the Donated Leave Program.
[4]
A leave recipient shall neither receive nor use more than 100
days and shall not receive any such days on a retroactive basis. After
a leave recipient has used the initial allotment of 100 days, the
leave recipient may submit a written request with the Township Administrator
for permission to receive additional days. Upon consulting with the
leave recipient's department head, the Township Administrator
shall grant or deny the recipient's request based on the Township's
staffing needs. If the leave recipient is a department head, the Township
Administrator shall make his decision independent of any consultation
with the department head and grant or deny the request based on the
Township's staffing needs. Notwithstanding the foregoing, a leave
recipient shall receive no more than a total of 260 sick or vacation
days, and shall not receive any such days on a retroactive basis.
[5]
The leave recipient shall not be compensated or be granted supplemental
compensation for any donated leave time, whether upon retirement or
"buyback" leave time at the end of the calendar year.
[6]
An employee receiving donated leave shall not receive temporary
disability benefits for the same time period he/she is paid wages
from donated sick leave.
[7]
Sick and vacation time will continue to accrue for the recipient
participating in the Donated Leave Program.
(c)
Leave donor:
[1]
A leave donor shall donate only whole sick days and may not
donate more than 15 days to any one recipient.
[2]
A leave donor shall have remaining at least 20 days of accrued
sick leave after the donation is calculated.
[3]
A leave donor shall not revoke the leave donation. If there
is, however, any unused donated time for the recipient, the leave
time shall be returned to the donors on a prorated basis in whole
days. The return of donated time is triggered upon the recipient employee's
return to work at his or her previous schedule or separation from
the Township. Any portion that would amount to less than one day shall
not be returned and shall be forfeited.
[4]
Except as otherwise provided in this section, the donor's
leave time will be reduced permanently by the number of days that
are to be donated.
[5]
May not solicit nor accept any money, gift, credit, and gratuity,
a promise of future compensation, thing of value or compensation of
any kind in exchange for the donation.
(7)
Voluntary donations. Township employees shall be prohibited from
intimidating, 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 sick time. Such prohibited
acts shall include, but are not limited to, promising or conferring
a benefit, such as an appointment or promotion, or making a threat
to engage in, or engaging in, an act of retaliation against an employee.
(8)
Administration:
(a)
Donated days are paid to the recipient at the recipient's
rate of pay.
(b)
The use of donated time shall not affect the running of any
applicable FMLA leave.
(c)
No issue or dispute arising out of the administration of this
program will be either grievable or arbitrable.
(d)
The Township's Human Resources Department shall retain
all records concerning the Donated Leave Program.
(e)
The Township Administrator may suspend or terminate the Donated
Leave Program at any time upon 30 days' written notice to collective
bargaining unit representatives and all employees.
(f)
The Donated Leave Program shall be in accordance with N.J.A.C.
4A:6-1.22(g), as may be amended.
(9)
Effective date. The effective date of the Donated Leave Program shall
be August 5, 2019.
A.
Full-time classified and full-time unclassified employees
shall earn vacation during each year of service on the basis of the
following schedule:
|
Years of Service
|
Working Days Vacation
|
|---|---|
|
1 to 5
|
12
|
|
5 to 10
|
14
|
|
10 to 15
|
16
|
|
15 to 20
|
18
|
|
20 and over
|
22
|
B.
For purposes of earning vacation leave, anyone whose
employment is from January 1 to October 1 is entitled to count that
period as a year of service, so that any employee who shall have served
that period of time shall be eligible for a full year's vacation leave.
Employees who shall have served less time than this shall receive
vacation time on the basis of one day per month of actual service.
C.
Department directors and division heads shall be entitled
to an additional three working days of vacation during each year of
service over and above that which their length of service would normally
entitle them.
D.
No person presently in the employ of the Township
shall suffer a reduction in the number of vacation days as a result
of the application of this section, but shall continue to receive
the same number of vacation days as he or she received prior to the
adoption of this section if they are greater in number than herein
provided.
A.
Disciplinary actions enumerated. An employee who has acquired permanent status may be disciplined in accordance with this section by any of the following actions, which are stated in order of severity, for causes stated by the department head in this section or in the case of a violation by a department head then by the appointing authority, and no employee shall be suspended or dismissed without the approval of the department head, except in the case where the department head is the person subject to the disciplinary action. These provisions are not intended to supersede other provisions of this chapter relating to the Department of Public Safety, specifically § 20-52C(2).
B.
Causes for disciplinary action. The causes for which
disciplinary action may be invoked are the following:
(1)
Neglect of duty.
(2)
Absence without leave or failure to report after authorized
leave has expired, or after such leave has been disapproved or revoked,
who shall be absent from duty without just cause for a period of five
days continuously and without leave of absence, shall at the expiration
of the five days cease to be an employee of the Township.
(3)
Incompetency, inefficiency or incapacity due to mental
or physical disability.
(4)
Insubordination or serious breach of discipline.
(5)
Intoxication while on duty.
(6)
Commission of a criminal act.
(7)
Disobedience of a rule or regulation of the Township.
(8)
Conduct unbecoming a public employee.
(9)
Leaving post without notice.
(10)
Negligence in the use of or unauthorized use
of Township equipment.
(11)
Falsifying important records.
(12)
Absence without leave.
C.
Hearing. Any employee disciplined under the provisions
of this section, upon request, shall be granted a hearing before the
Township Council. A reasonable opportunity for such hearing shall
be granted before the imposition of disciplinary action, except that
an employee may be summarily suspended if it is deemed that the circumstances
so warrant. In such case, if after hearing it appears that the suspension
was not proper, the Council may order reinstatement with pay.
A.
General policy. It is the policy of the Township that
every employee at all times be treated fairly, courteously and with
respect. Conversely, each employee is expected to accord the same
treatment to his or her associates, supervisors and to the public.
B.
Verbal grievance.
(1)
Whenever an employee has a grievance, he or she should
first present it verbally, or in writing if the employee chooses,
to his or her immediate supervisor. It is the responsibility of the
supervisor to attempt to arrange a mutually satisfactory settlement
of the grievance within three working days of the time when it was
first presented to him or her, or failing that, must within that time
advise the employee of his or her inability to do so.
(2)
When an employee is informed by his or her supervisor that he or she is unable, within the discretion permitted him or her, to arrange a mutually satisfactory solution to the grievance, the employee must, if he or she wishes to present the grievance to higher authority, do so in writing in the manner set forth in Subsection C, below.
C.
Formal written grievance.
(1)
The employee shall prepare the grievance in writing
in duplicate. The grievance should be stated as completely and as
clearly as possible in order to permit prompt handling. One copy of
the grievance shall be immediately placed in the hands of the department
head.
(2)
A copy of the grievance shall be presented by the
employee to his or her immediate supervisor, to whom the grievance
was made verbally. The supervisor shall report the facts and events
which led up to its presentation, in writing, including in his or
her written report any verbal answer he or she may have previously
given to the employee concerning this grievance. Within two working
days after receipt of the written grievance, the supervisor must present
it, with the information required, to the department head or Administrator.
(3)
The Administrator shall attempt to find a mutually
satisfactory solution to the grievance within five working days. Failing
a solution, the complaint accompanied by a written report on the matter
by the Administrator must be forwarded to the Mayor. The Mayor shall
then consider and formally act on the complaint within five days.
(4)
Since it is intended that most, if not all, grievances
can and should be settled without the necessity of reference to the
Mayor, no grievance shall be heard or considered by the Mayor which
has not first passed through the above described steps.
(5)
All papers and documents relating to a grievance and
its disposition shall be placed in the employee's personal history
file. Notification of all actions taken concerning the grievance shall
be transmitted in writing to the employee.
A.
Subject to the approval of the Administrator, a department
head, from time to time, may establish, amend and supplement rules
and regulations for governing the internal operations of his or her
department and the conduct and decorum of its personnel. Such department
rules and regulations shall not be inconsistent or in conflict with
the provisions of any statute of the state, this section or any ordinance
of this Township.
B.
The rules and regulations shall be in writing, signed
by the head of the department and approved by the Administrator and
shall be filed in the office of the Township Clerk. They shall be
binding on all persons subject to the jurisdiction of the department.
A written copy of such rules and regulations shall be distributed
to the personnel of the department affected thereby and shall be posted
in the headquarters of the department.
It is hereby declared to be the policy of the
Township to recognize and encourage meritorious actions on the part
of its officers and employees. To this end, letters of commendation
concerning Township employees from their superiors and from members
of the public with whom they deal shall be directed to the attention
of the department head and then recorded in the employee's personnel
file. In addition, the department head or the Council, on its own
motion, may commend the work of particular officers and employees
and cause such commendation to be inserted in their personnel files.
A.
Township employees shall not engage in any political
activities during working hours or on Township property, nor seek
or accept nomination or election to any Township or Board of Education
office, without first obtaining a leave of absence.
B.
Violation of any provisions of Subsection A, above, shall be deemed sufficient cause for suspension or dismissal from the Township service.
C.
Nothing in this section shall be construed to prevent
Township employees from becoming or continuing to be members of any
political party, club or organization; attending political meetings;
expressing their views in private on political matters outside of
working hours and off Township premises; or voting with complete freedom
in any election.
Employees may be compensated for overtime work
when such compensation has been authorized by the department director.
At the discretion of the department director, compensatory leave may
be given in lieu of overtime. In all instances, however, overtime
compensation shall commence only after the employee has worked the
normal number of hours in any one work day or of his or her normally
prescribed work week. Holidays, vacation days and authorized sick
days shall be counted toward the normal work week and as consecutive
work days.
[Added by Ord. No. 1991-9]
A.
It is the policy of the Township to maintain a drug-free
workplace.
B.
The Township shall establish an on-going drug-free
awareness program to inform employees about:
(1)
The dangers of drug abuse in the workplace.
(2)
The Township's policy of maintaining a drug-free workplace.
(3)
Available drug counseling, rehabilitation and employee
assistance program.
(4)
The penalties which may be imposed upon employees
for drug abuse violations which occur in the workplace.
C.
The Township Clerk shall notify by means of a written
statement to all employees of the Township:
(1)
That the unlawful manufacture, distribution, dispensing,
possession or use of a controlled dangerous substance is prohibited
in every workplace maintained by the Township.
(2)
That the employee shall abide by the terms of the
statement as a condition of employment.
(3)
That the employee, as a condition of employment, shall
notify the Township Clerk of his or her conviction of any offense
involving controlled dangerous substances occurring in the workplace
no later than five calendar days following such conviction.
(4)
That failure to abide by the terms of the statement
shall result in personnel action, up to and including termination
of employment, consistent with the Federal Rehabilitation Act of 1973,
as amended, or a requirement that the employee participate satisfactorily
in a drug abuse assistance and/or rehabilitation program approved
by the Delran Township Board of Health or the Burlington County Health
Department as a condition of continued employment.
D.
Upon receipt by the Township Clerk of notice of an
employee's conviction of an offense involving controlled dangerous
substances occurring in the workplace:
(1)
The Township Clerk, within 10 calendar days, shall
notify in writing any federal agency providing grant money for a project
in which the convicted employee was working. The notice shall include
the employee's position, title and the identification number of each
affected grant. The notice shall be provided to every grant officer
or the designee on whose grant activity the convicted employee was
working, unless the federal agency has designated a central point
for the receipt of such notices.
(2)
The Township, within 30 calendar days, shall either
take appropriate personnel action, up to and including termination
of employment, consistent with the requirements of the Federal Rehabilitation
Act of 1973, as amended, against the convicted employee, or require
as a condition of continued employment that the convicted employee
participate satisfactorily in a drug abuse assistance or rehabilitation
program approved by the Delran Township Board of Health or the Burlington
County Health Department.
