[Ord. No. 02-15]
Except as provided below, the Borough shall, upon a request
of an employee of the Borough, provide for the defense of any action
brought against such Borough employee on account of an act or omission
in the scope of his or her employment or official Borough duties.
For purposes of this section, the Borough's duty to defend shall extend
to counterclaims or cross claims against an employee.
[Ord. No. 02-15]
The Borough may refuse to provide for the defense of an action
referred to in this section if it determines that:
a.
The act
or omission was not within the scope of employment; or
b.
The act
or the failure to act was because of actual fraud, willful misconduct
or actual malice; or
c.
The action
is brought by the Borough itself against the employee; or
d.
The employee
acted in violation of the Municipal Ethics Law, N.J.S.A. 40A:9:22.1
et seq.
[Ord. No. 02-15]
Nothing in this section requires the Borough to pay for punitive
or exemplary damage or damages resulting from the commission of a
crime. The Borough may indemnify a Borough employee for exemplary
or punitive damages resulting from the employee's civil violation
of State or Federal law if, in the opinion of the Governing Body,
the acts committed by the employee upon which the damages are based
did not constitute actual fraud, actual malice, willful misconduct
or an intentional wrong.
[Ord. No. 02-15]
It shall be the duty of the employee to immediately notify the
Borough Clerk in writing as to any action threatened against the employee.
[Ord. No. 02-15]
The Borough shall have exclusive control over the representation
of such person defended and such person shall cooperate fully with
the Borough, provided, however, that such person may at any time and
at such person's option take control over representation by waiving
all rights to indemnification and all rights to payment for costs
of defense.
[Ord. No. 02-15]
The Borough may provide for the defense pursuant to this section by authorizing the Borough Attorney to act on behalf of the person being defended, or by employing other counsel for this purpose, or, by asserting the Borough's right under any appropriate insurance policy which requires the insurance to provide the defense. Except as provided in subsection 2-60.7, the Borough shall not reimburse the employee for any legal costs incurred that were not authorized by the Borough in writing.
[Ord. No. 02-15]
If the Borough refuses to provide for the defense of an employee
as required above, the employee shall be entitled to indemnification
from the Borough if he or she establishes that the act or omission
upon which the claim or judgment was based occurred within the scope
of his or her duties as an employee of the Borough and if he or she
proves that the act or omission was not the result of fraud, malice
or willful misconduct.
[Ord. No. 02-15]
For purposes of this section: "Employee" shall mean an officer,
employee or servant of the Borough, whether or not compensated or
part-time, who is authorized to perform any act or service, provided,
however, that the term shall not include an independent contractor.
Other terms shall have the meanings set forth in the New Jersey Tort
Claims Act.
[1973 Code § 2-8.1]
The rate of compensation of each official and employee of the
Borough, whether the compensation is on an annual basis, monthly basis,
weekly basis or hourly basis, is not to be affected by the terms of
this section.
[1973 Code § 2-8.2]
The duties and terms of employment of the several officials
of the Borough, except as otherwise provided by Statute, shall be
as set forth in prior ordinances of the Governing Body, or by such
ordinances as may be passed hereafter. The hours of employment and
other pertinent information pertaining to the several officials and
employees shall be set forth, as heretofore provided, by resolutions
of the Governing Body, or as shall hereafter set forth in resolutions
of the Governing Body.
[1973 Code § 2-8.3]
The Treasurer shall present monthly to the Governing Body for
approval, warrants drawn to the order of the Lakehurst payroll account,
as follows:
a.
In advance
for all employees whose salaries are payable on the 1st and 15th of
each month or an annual basis, when such salaries are due and payable
prior to the next regular meeting of the Governing Body.
b.
In advance
for all employees whose compensation is on an hourly basis, when the
compensation has been approved by some responsible designated official
and the chairman of the appropriate committee and has been certified
to the Borough Treasurer.
c.
At the
first meeting of the Governing Body in January of each year, there
shall be approved an account to be designated the Borough of Lakehurst
Payroll Account, and the Treasurer, upon receipt of a warrant for
the amount due such payroll account, shall deposit the same to the
credit of the payroll account, charging the appropriate budgetary
accounts therewith.
d.
The Treasurer
shall thereafter draw checks on the payroll account to the employees
entitled to payment therefrom, which checks shall only require the
signature of the Borough Treasurer.
e.
At each
regular meeting of the Governing Body, the Treasurer shall submit
for approval or ratification, as the case may be, the necessary payrolls
for the amount due the several officers and employees of the Borough
for compensation. The payroll shall be considered by the Governing
Body in due course, and approved, if found to be correct.
f.
In case
of error or adjustment in the payroll, the Treasurer shall see that
such error or adjustment is properly corrected and appropriate record
made thereof.
g.
Such officers as may be designated by the Governing Body are hereby authorized to sign warrants drawn in favor of the payroll account, upon due notice that the appropriate payrolls have been approved by the proper committee and by the proper certifying authorities, which certifying authorities, and committees shall be those designated in the resolutions mentioned in subsection 2-61.2.
[Ord. No. 03-07 § 1; Ord. No. 08-12]
The Borough of Lakehurst currently provides certain health benefits
to permanent full-time employees, in accordance with the Borough of
Lakehurst Personnel Policies and Procedures Manual. Since the cost
of health benefits has continued to rise at a greater rate than inflation,
the Borough of Lakehurst has incurred large expenses in attempting
to meet these costs. In addition, certain employees of the municipality
are eligible for coverage through their spouses, resulting in some
employees having double coverage, which is under-utilized based upon
the cost incurred. This section would permit certain employees to
participate in a buy-back program, which would allow those employees
to voluntarily select the health benefits that best suit his or her
individual needs. In addition, by voluntarily declining certain, or
all of the health benefits accorded that employee by the municipality,
he or she will be eligible for additional compensation due to the
cost savings, which the municipality and its taxpayers would incur.
[Ord. No. 03-07; Ord. No. 08-12; Ord. No.
10-06]
Employees receiving benefits in accordance with this section
shall be entitled to all health benefits set forth above at no cost.
Employees at their sole option, may participate in a Buy-Back System
as set forth herein.
b.
An employee
who is entitled to single coverage may amend their coverage as follows:
1.
Decline
medical benefits/prescription (employee must provide documentation
demonstrating coverage elsewhere);
2.
Any participant
who declines medical (hospitalization) coverage must provide written
documentation to the municipality establishing that he or she is covered
elsewhere. No employee will be allowed to decline this coverage without
proof of other coverage.
c.
Payment in Lieu of Benefits.
1.
For those
employees who wish to participate in the "Buy-Back Program," said
employees shall receive a payment for each month of the calendar year.
Such monthly payments will be made the second payday of the month
through the payroll system.
2.
Amount
of Payment.
(a)
Employees who have existing coverage from the NJ State Health Benefit
Program (SHBP) as an employee, dependent or retiree are not eligible
to receive benefits from more than one (1) employer nor receive a
waiver payment.
(b)
Any eligible employee who has, before May 21, 2010, declined any
coverage set forth above from the SHBP, resulting in a savings to
the municipality for the cost of such benefits shall be entitled to
receive fifty (50%) percent of the savings incurred by the municipality
based upon the appropriate SHBP plan.
(c)
Eligible employees who waive coverage of the SHBP, after May 21,
2010, shall receive twenty-five (25%) percent of the savings incurred
by the municipality or five thousand ($5,000.00) dollars whichever
is less.
(d)
Any waiver payment shall be paid monthly to the eligible employee
as set forth above.
3.
Enrollment
in the Program. Any employee who wishes to participate in the health
benefit buy-back program shall do so to be effective May lst and November
lst of each year. An employee must notify the Borough in writing no
later than the preceding April 1st or October 1st of his or her intention
to participate.
4.
Emergency
Enrollment. If an employee chooses to decline a certain benefit based
upon spouse coverage and the spouse coverage is later eliminated,
or in the case of plan change from single to family due to marriage
or divorce, the employee may do so at anytime during the year with
a 30-day notice to the municipality. A fifteen (15) day emergency
enrollment, or enrollment to the first day of the following month,
may be allowed under extreme hardship. The Governing Body shall determine,
in a case-by-case basis, whether there exists an extreme hardship.
If an employee changes their benefits plan, their quarterly payment
shall be amended accordingly on a pro-rata basis.
d.
Pre-Existing Conditions. Pre-existing conditions shall be
covered in accordance with the benefit plan at the time of enrollment.
e.
Carriage of Deductible. Any employee who reduces their coverage
and subsequently thereafter during an enrollment period, adds back
to the coverage, he or she will not be able to receive credit for,
and carry the deductibles, if any, that were met earlier in the year.
[Ord. No. 08-12]
Pension Enrollment of Eligible Employees. 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 municipal officials. N.J.S.A.
43:15C-2 requires the governing body of each municipality, and other
local entity to adopt, as appropriate, an ordinance 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, after July 1, 2007, shall
be eligible for and shall participate in the Defined Contribution
Retirement Program, subject to the provisions of law. All other eligible
municipal employees shall be enrolled in the Public Employees' Retirement
System or the Police and Fire Retirement System as appropriate.
a.
Covered Positions. 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:
b.
Exempt Positions. Individuals serving in the following positions
are exempt from Defined Contribution Retirement Program membership,
pursuant to N.J.S.A. 43:15C-2:
[Ord. No. 05-24; Ord. No. 2011-08]
a.
Purpose. This section establishes preferences in the hiring
of qualified classified employees as defined in N.J.S.A. 11A et seq.
to the municipal work force of the Borough of Lakehurst based upon
their place of residence, in accordance with existing law.
b.
Classification. Prior to the appointment of any duly qualified
applicant for a classified position all such applicants shall be classified
as follows:
c.
Classification of Veterans. Within each classification duly
qualified applicants who are veterans, within the meaning of N.J.S.A.
11A:5-1 et seq shall be accorded all such veterans’ preferences
as are provided by law.
1.
The classes
of qualified applicants defined in 2-64.1b shall be considered as
separate and successive lists of eligibles and the Department of Personnel
shall, when requested by the Borough to certify eligibles for positions
specified in this section, make such certifications from the classes
separately and successively, and shall certify no persons from any
such class until all persons in the preceding class or classes have
been appointed or have declined offers of employment.
2.
This
section shall apply only to initial appointments and not to promotional
appointments of persons already employed by the Borough.
[1]
Editor’s Note: Consistent with N.J.S.A. 52:14-7, the
New Jersey First Act, every employee hired after September 1, 2011
must be a resident of the State of New Jersey.
[Ord. No. 05-24]
Unless otherwise provided by law and New Jersey Department of
Personnel rule, immediate relatives shall not be hired, promoted or
transferred to a regular full-time or regular part-time position where:
a.
One relative
would have the authority to appoint, remove, discipline or evaluate
the performance of the other.
b.
One relative
would be responsible for auditing the work of the other.
c.
Other
circumstances exist that place the relatives in a situation of actual
or reasonably foreseeable conflict of interest.
[Ord. No. 05-24; New]
For purposes of this section, immediate relative includes spouse,
partner or significant other, child, parent, stepchild, sibling, grandparents,
daughter-in-law, son-in-law. grandchildren, niece, nephew, uncle,
aunt, or any person related by blood or marriage residing in an employee's
household.
[Ord. No. 2013-08; New]
The Borough of Lakehurst, New Jersey, shall henceforth require
all volunteers, employees, and all individuals performing safety-sensitive
functions, to undergo mandatory and random alcohol and drug testing
administered by a professionally trained, reputable contractor/firm
or police department hired by the Borough of Lakehurst in order to
demonstrate the ability to perform their duties without any dependence
on illegal substances.
[Ord. No. 2013-08]
shall mean any substance with an alcohol concentration of
0.04% or more as defined in N.J. Stat. § 39:3-10.13.
shall mean any test administered for the purpose of determining
the presence or absence of alcohol in a person's body.
shall mean any agency designated by the Borough of Lakehurst
to conduct drug screening tests for the purpose of detecting controlled
dangerous substances.
shall mean any substance listed in Schedules I through V
in Sections 5 through 8 of P.L. 1970, C.226 (N.J.S.A. 24:21-5 through
24:21-8) and in Section 4 of P. L. 1971, C.3 (N.J.S.A. 24:21-8.1).
The term shall not include tobacco, tobacco products, distilled spirits,
wine, or malt beverages as they are defined or used in N.J.S. 33:1-1
et seq. Controlled dangerous substances are classified as any material,
compound, mixture, or preparation which contains any quantity of substances
having a potential for abuse associated with a depressant effect on
the central nervous system.
shall mean any test administered for the purpose of determining
the presence or absence of a controlled dangerous substance in a person's
body.
shall mean all individuals, both appointed and non-appointed,
who are hired or who are seeking to be hired by the Borough of Lakehurst.
shall mean and refer to the Borough of Lakehurst’s
program which is designed to help employees resolve personal problems
which have an adverse effect on their job performance.
shall mean a laboratory wherein drug tests are conducted
on samples.
shall mean a drug prescribed for use by a duly licensed physician,
dentist or other medical practitioner licensed to issue prescriptions,
or drug that is authorized for general distribution and use in the
treatment of human diseases, ailments, or injuries, pursuant to the
"Federal Food, Drug and Cosmetic Act," 52 Stat. 1040 (21 U.S.C. 301
et seq.).
shall mean and only refer to the dates and times selected
by the Borough of Lakehurst and shall not refer to the method or selection
process of selecting the individuals chosen for the drug and alcohol
testing.
shall mean circumstances that would induce a reasonably intelligent
individual to believe that a specific condition, in this case the
use of drugs, exists.
shall mean all individuals who voluntarily offer themselves
or their services and are hired or seek to be hired by the Borough
of Lakehurst and are either appointed or non-appointed, on an unpaid
or uncompensated basis, who utilize Borough of Lakehurst equipment
or vehicles or who work with or have any contact with children.
[Ord. No. 2013-08]
It shall be a violation of this section to release information
obtained through an alcohol or drug test except to the Borough Clerk
or Borough Administrator, and the individual submitting to the test.
The result of an alcohol or drug test may not be used in any civil
or criminal proceeding against the individuals who have submitted
to the test.
[Ord. No. 2013-08; New]
The Contractor/Firm or the police department shall be responsible
for performing the urinalysis testing of volunteers, employees, and
all individuals performing safety-sensitive functions, and submitting
findings of the same to the Borough of Lakehurst's Clerk or Borough
Administrator.
[Ord. No. 2013-08; New]
All volunteers, employees, and all individuals performing safety-sensitive
functions, shall be required to submit to a mandatory and random alcohol
and drug test for the purpose of determining the presence or absence
in the body of the above-mentioned person.
[Ord. No. 2013-08; New]
All volunteers, employees, and all individuals performing safety-sensitive
functions, who refuse to submit to an alcohol and/or drug test, shall
be denied employment. In the case of a new employee, the test shall
be administered immediately prior to the last application procedure
before employment is offered to the applicant.
[Ord. No. 2013-08]
It is hereby mandatory for all new employees to undergo random
alcohol and drug testing.
[Ord. No. 2013-08]
The test required under this legislation shall be provided by
the Borough of Lakehurst which shall enter into contract with approved
medical facility to administer the tests.
[Ord. No. 2013-08; New]
Prior to or at the time of the drug test, the volunteers, employees,
and all individuals performing safety-sensitive functions, will be
given the opportunity to submit medical documentation to verify the
person's use of a prescription or non-prescription medication.
[Ord. No. 2013-08; New]
Supervisors who suspect volunteers, employees, and all individuals
performing safety-sensitive functions, of using alcohol or drugs shall
report the name(s) of those person(s) to the Borough of Lakehurst's
Clerk or Borough Administrator who in turn shall monitor the case.
Supervisors will immediately report any suspensions to the Administrator
or Clerk. Supervisors that observe behavior constituting reasonable
suspicion are required to institute testing.
[Ord. No. 2013-08; New]
All volunteers, employees, and all individuals performing safety-sensitive
functions, will be required to submit to alcohol or drug testing when
their work performance causes a reasonable suspicion that they are
impaired due to current intoxication, drug or controlled substance
abuse, or in cases where employment has been conditioned upon remaining
alcohol, drug, or controlled substance free following treatment.
[Ord. No. 2013-08]
The following characteristic and/or factors may be used to form
or establish reasonable individualized suspicion as cited above:
[Ord. No. 2013-08; New]
All volunteers, employees, and all individuals performing safety-sensitive
functions, shall be required to submit to alcohol or drug testing
within two (2) hours of any accident or incident involving Borough
of Lakehurst equipment or vehicles.
[Ord. No. 2013-08; New]
The refusal by volunteers, employees, and all individuals performing
safety-sensitive functions, to submit to a urinalysis test when so
ordered, based on reasonable suspicion, shall be the basis for disciplinary
action, up to and including termination, imposed by the Borough of
Lakehurst’s Clerk or Borough Administrator.
[Ord. No. 2013-08; New]
All volunteers, employees, and all individuals performing safety-sensitive
functions, must notify their supervisor within five (5) days of conviction
for a drug or alcohol related violation, whether or not the violation
occurred in the workplace.
[Ord. No. 2013-08; New]
Borough personnel who hold a Commercial Driver’s License
(CDL) are subject to the provisions of the Commercial Driver’s
Licenses Drug and Alcohol Testing Policy and federal law. All volunteers,
employees, and all individuals performing safety-sensitive functions,
using prescription drugs that may affect job performance or safety
must notify their Supervisor or Department Head who is required to
maintain the confidentiality of any information regarding an individual’s
medical condition in accordance with the Health Insurance Portability
and Protection Act. A program to assist employees, who may have a
drug/alcohol problem, if appropriate, is provided through the Borough’s
medical benefit program.
[Ord. No. 2013-07]
a.
At the
onset of a compensatable disability as provided for by N.J.S.A. 34:15-12 et. seq., the employee is responsible for filing the proper
documents as soon as it becomes apparent that the compensatable disability
will make the employee eligible for state temporary disability benefits
under N.J.S.A. 34:15-12 et. seq.
b.
Subject
only to a Collective Bargaining Agreement existing at the effective
date of this Ordinance No. 2013-07 (1-1-14), compensation of a municipal
employee from the Borough who is disabled and qualified to receive
temporary disability benefits shall be limited as provided by N.J.S.A.
34:15-12 et. seq. as may be amended.
c.
Upon application
of an injured employee, and on good cause and extraordinary circumstances
shown, at the sole discretion of the Governing Body, by two-thirds
(2/3) majority vote of the Governing Body eligible to vote, an employee
may seek up to an additional thirty percent (30%) of his or her salary
from the municipality for a period of not more than six (6) months.
d.
It is
the intent of the Borough that its policies and procedures adhere
to the policies and procedures established by the State of New Jersey
concerning the benefits to be provided under the state disability
program. In the event that the current policy conflicts with the State's,
then the State's will prevail.
