[Adopted 1-26-1971 by Ord. No. 590 as
Ch. V of the 1971 Code]
A.
Civil service.[1] The New Jersey State Civil Service Law and Civil Service
Rules of the State of New Jersey applicable to municipalities provide
the basic framework for employment in the City.
[Amended 2-24-1981 by Ord. No. 1007]
(1)
This article and all its provisions shall at all times
be subject to the Civil Service Rules of the State of New Jersey,
which prescribe basic minimum standards. To the more stringent than
those embodied in the Civil Service Rules of the State of New Jersey,
the latter rules shall be deemed applicable; however, to the extent
that the provisions of this article contain benefits or provisions
which are more liberal than the minimum requirements of the Civil
Service Rules of the State of New Jersey, the provisions of this article
shall be deemed to be controlling.
(2)
In the event of a conflict between the provisions
of this article and the provisions in any collective bargaining agreement
negotiated by the City and a majority representative of City employees
in a unit appropriate for such purpose within the meaning of the New
Jersey Employees Relations Act, the provisions of such collective
bargaining agreement shall apply to all employees covered by such
agreement.
[1]
Editor's Note: In addition to the provisions
of N.J.S.A. 11A:1-1 et seq., Civil Service Act, personnel regulations
are authorized by the provisions of N.J.S.A. 40:69A-29.
B.
General policies. The following principles shall constitute
the personnel policies of the City of Long Branch:
(1)
Employment in the City government shall be based on
merit and fitness, free of personal and political considerations.
(2)
Just and equitable incentives and conditions shall
be established and maintained in order to promote efficiency and economy
in the operation of the City government.
(3)
Positions with similar duties and responsibilities
shall be classified and compensated on a uniform basis.
(4)
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 City's participation
in the New Jersey State Civil Service System.
(5)
Every effort shall be made to stimulate a high level
of morale by fair administration of this article and by consideration
of the rights and interests of employees, consistent with the best
interest of the public and the City.
(6)
Continuation of employment shall be subject to good
behavior and satisfactory performance of work, necessity for the performance
of work and availability of funds.
Except as otherwise required by law, the directors
of the various departments shall appoint, promote and remove officers
and employees within their departments.
A.
Unclassified service. The unclassified service shall
include the following:
(1)
All elected officials and members of citizen boards
and committees.
(2)
Business Administrator, City Clerk, department directors,
City Attorney and legal assistants.
(3)
Secretaries to the Mayor, Business Administrator and
department directors.
(4)
Volunteer personnel and personnel appointed to serve
without compensation.
(5)
Consultants and counsel rendering temporary professional
services.
(6)
All other offices or positions that are so designated
by N.J.S.A. 11A:3-5.
[Amended 10-27-1998 by Ord. No. 36-98]
B.
Classified service. The classified service shall include
all positions in the City government not specifically placed in the
unclassified service by the provisions of this article or excluded
from the classified service by N.J.S.A. 11A:3-5.
[Amended 10-27-1998 by Ord. No. 36-98]
A.
Basis for original appointments. Original appointments
to vacancies shall be based on merit, fitness and ability, which shall
be determined by competitive examinations, insofar as practicable,
and in accordance with the Civil Service Rules of the State of New
Jersey.
B.
Temporary appointments. In the absence of an appropriate
list or for the filling of temporary or seasonal positions, or temporarily
in the case of emergencies, vacancies may be filled by temporary appointment
by the appointing authority. Such temporary appointments shall have
a maximum duration of four months.
C.
Provisional appointments. Pending the establishment
of an appropriate eligible list, vacancies in permanent positions
may be filled by provisional appointments. Such appointments shall
continue only until an appropriate eligible list is established. Provisional
employees shall possess minimum qualifications established for the
vacant position.
D.
Physical examination. The department director shall
require any job applicant to submit to a physical examination by the
City Physician or a designated alternate. At his discretion, the director
may require psychological or psychiatric examinations by a psychologist
or psychiatrist designated by him.
E.
Probationary period.
(1)
All employees shall serve a probationary period of
90 days. At the expiration of the probationary period, the appointing
authority may discontinue the service of any such employee if in the
appointing authority's opinion the employee is unwilling or unable
to perform the duties of his position in a satisfactory manner or
if the employee is of such reputation and habits so as not to merit
continuance in the service of the City. In every case, the department
head shall notify the employee, in writing, of his discontinuance
and of the reasons therefor and shall forward a copy of the notice
to the Department of Civil Service of the State of New Jersey.
(2)
A ninety-day probationary period shall also apply
to an employee promoted to a higher classification. Such probationary
status will in no way affect the employee's rights and status in the
original or lower classification. The ninety-day probationary period
shall not commence for a police officer until he has completed the
required police training program.
F.
Permanent status. Classified employees who satisfactorily
complete their probationary period shall have permanent employment
status, conditioned upon good behavior and satisfactory job performance.
They shall be subject to removal by the appointing authority only
for cause or for reason of economy, after proper notice and an opportunity
to be heard, in accordance with the Civil Service Rules of the State
of New Jersey.
G.
Part-time employee. Any position where the regular
hours of service are less than the regular and normal workweek for
that class or department. A part-time employee shall be entitled to
all employee benefits on a pro rata basis.
[Amended 2-24-1981 by Ord. No. 1007]
H.
Seasonal employee. Any position where the duration
of service is of a seasonal or emergency basis, not to exceed five
months. A seasonal employee shall not be entitled to employee benefits.
[Amended 2-24-1981 by Ord. No. 1007]
B.
Effect of reclassification. When there is a major
change in the duties or responsibilities of a position resulting in
its reallocation to a higher classification, the position shall be
considered vacant and subject to filling under promotional procedures.
The incumbent in the reclassified position may be permitted to serve
pending promotional procedures.
C.
Permanent promotions.
(1)
Vacancies shall be filled by utilizing competitive
promotional examinations in accordance with the Civil Service Rules
of the State of New Jersey.
(2)
Where the appointing authority, after consultation
with the New Jersey Civil Service Department, finds that no employee
is qualified for promotion to the vacancy, he may order an open competitive
examination, open to candidates outside the City's employ. In post-examination
selection, the appointing authority shall give appropriate consideration
to the applicant's qualifications, record of past performance and
the length and quality of his service.
(3)
Selection shall be made from the top three interested
candidates, as determined by the examination process of the Civil
Service Department of the State of New Jersey.
D.
Provisional promotions. Pending the availability of
a suitable eligibility list, the appointing authority may fill vacancies
by a provisional promotion. Such provisional promotion shall have
a maximum duration of six months.
A.
Types of separation. Classified employees who have
acquired permanent employment status may be temporarily suspended
from the City's employ by layoff or suspension, or permanently separated
by resignation or dismissal, subject at all times to the rules and
regulations of the Civil Service Department of the State of New Jersey.
B.
Layoff. Whenever there is a lack of work or a lack
of funds requiring a reduction in the number of employees in a department,
the required reductions shall be made in such job classification as
the director may designate. As determined by the appointing authority,
employees shall be laid off in the inverse order of their length of
service within each affected job class in a particular department
or division. All provisional employees shall be laid off before probationary
employees, and all probationary employees shall be laid off before
any permanent employee. Permanent (including probationary) employees
so affected shall be given a minimum of 45 days' notice. Provisional
employees so affected shall be given a minimum of two weeks' notice
or two weeks' pay in lieu thereof.
C.
Retirement.
[Amended 2-24-1981 by Ord. No. 1007]
(1)
Employees shall be subject to the requirements and
provisions of the Public Employees Retirement System of the State
of New Jersey.
(2)
Retirement shall be mandatory for all employees at
the age of 70, unless the City requests a one-year extension. Such
extension may be made on a year-to-year basis and must be approved
by the Chief Administrator and by the Public Employees Retirement
System.
D.
Resignation. An employee may resign from his position
by tendering a written resignation to his department head, who shall
in turn forward it to the department director. Unless there are disciplinary
charges pending against the employee, the director or his agent shall
notify the employee, in writing, of acceptance of his resignation
in good standing. An employee shall give a minimum of two weeks' notice
before the effective date of his resignation. Failure to do so may
result in loss of vacation and sick credits. Oral resignation will
be deemed binding but shall not constitute a resignation in good standing.
E.
Involuntary separation of full-time unclassified employees.
In the event of the involuntary separation of a full-time unclassified
employee, the employee shall receive 60 days' notice (including accumulated
vacation leave) or be compensated at the rate of one day's wages for
each day less than 60 for which notice is required to be given, except
in cases of disciplinary dismissal for cause.
[Amended 2-24-1981 by Ord. No. 1007]
A.
Computation of daily and hourly rates. Each payroll
period normally shall consist of 10 working days, so that the daily
rate of pay of each employee shall be 1/260th of his annual salary.
The hourly rate shall be computed by dividing the weekly rate by the
number of hours in the employee's prescribed workweek.
B.
Deductions for leave without pay. Deductions in salary
for leave without pay shall be computed on the basis of hourly rate.
C.
Compensation for overtime.
(1)
Work in excess of the established regular workweek
or workday shall be compensated by either compensatory leave or payment
in cash. The convenience of the City and the requirements of the Fair
Labor Standards Act, 29 USC Sec. 201 shall be the sole criteria in
determination of such compensation. All overtime shall be computed
on the basis of 1 1/2 times the employee's normal rate of pay
for all hours in excess of 40 hours per workweek.
[Amended 5-12-1987 by Ord. No. 1338]
(2)
Compensatory leave when granted must be scheduled
and used within six months of the time earned unless otherwise approved
by the Chief Administrative Officer, but in no case shall such extension
exceed one year.
(3)
Payment in cash, when authorized, shall be made within
one month of the time earned. All such overtime work, except in emergencies,
must be approved by the Chief Administrative Officer in advance of
its actual performance to qualify for payment.
(4)
Time spent by employees in the discharge of duties
which are a regular function of the employees' position or classification,
such as time spent at the tax or service desk in the evening, attendance
at Council meetings, meetings of public boards or agencies or as a
witness for the City in judicial, quasi-judicial or administrative
proceedings, shall not be considered overtime unless in excess of
the normal workweek. Notwithstanding the foregoing, employees in the
City Clerk's office, other than its City Clerk, shall receive compensation
at 1 1/2 times their normal rate of pay for all hours worked
on a municipal, state or federal election day and for all hours worked
up to six voter registration nights per year.
[Amended 8-14-1984 by Ord. No. 1182]
(5)
All noncovered employees and exempt employees as defined
in the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.,
shall not be entitled to the compensation for overtime established
in this subsection.
[Amended 5-12-1987 by Ord. No. 1338]
(6)
Salary increases. When the City Council enacts a salary
increase for specific titles, classes and compensation ranges, it
is understood that such increases shall not apply to employees with
less than six months employment with the City unless individually
approved by the Mayor and City Council.
[Amended 2-24-1981 by Ord. No. 1007]
A.
Work schedule.
(1)
A regular workday shall consist of any weekday, Monday
through Friday, for eight hours, commencing at 9:00 a.m. until 5:00
p.m., with one hour off for lunch. A regular workweek shall consist
of five regular workdays totaling 40 hours. Employees whose duties
are clerical in nature shall work as herein set forth, except that
the regular workday shall consist of seven hours, and the regular
workweek shall consist of 35 hours.
(2)
In specialized working assignments, such as shift
workload, etc., employees may be required to work in other than the
typical work schedule; provided, however, that the effect shall substantially
result in the equivalent amount of hours per day and days per week.
B.
Emergency. A department head may require any officer
or employee to be in attendance for work on any day or days whenever
he determines that a public exigency or emergency so requires.
A.
Paid holidays. The following official holidays with
full pay shall be observed by the City, though no work is performed
on such days:
[Amended 2-24-1981 by Ord. No. 1007; 6-9-2021 by Ord. No. 12-21]
|
New Year's Day
|
Labor Day
|
|
Martin Luther King's Birthday
|
Columbus Day
|
|
Lincoln's Birthday
|
General Election Day
|
|
Washington's Birthday
|
Veterans Day
|
|
Good Friday
|
Thanksgiving Day
|
|
Memorial Day
|
Day after Thanksgiving Day
|
|
Juneteenth Day (third Friday in June)
|
1/2 Day Christmas Eve (If a regular working
day)
|
|
Independence Day
|
Christmas Day
|
B.
Compensation for working on holidays. Employees called
into work on a holiday which is not their regular workday schedule
or who are called on an emergency basis shall be compensated for such
at 1 1/2 times the employees' regular rate plus the holiday pay.
[Amended 2-24-1981 by Ord. No. 1007]
C.
Observance of weekend holidays. If a holiday falls
on a Saturday or Sunday, it may be celebrated and compensated accordingly
on the day preceding or the day following such holiday at the discretion
of the Chief Administrative Officer. Employees who are compelled to
work on shifts or on individual assignments shall observe the actual
date of the holiday under this section.
[Amended 2-24-1981 by Ord. No. 1007]
D.
Not charged against vacation or sick leave. If a holiday
falls within the vacation or sick leave of an employee, the employee
shall receive an additional day of vacation.
[Amended 2-24-1981 by Ord. No. 1007]
E.
Requirement for holiday pay. To be eligible to receive
holiday pay, an employee must work the regularly scheduled workday
before the holiday and the regularly scheduled workday after the holiday,
unless he has been excused by his supervisor or unless his supervisor
is satisfied that his absence was justified.
A.
Amount of annual leave. All employees of the City,
whether in the classified or unclassified service, shall be granted
annual vacation leave if earned each calendar year of employment without
loss of pay in accordance with the following schedule:
|
Number of Years Employed
|
Number of Working Days Vacation
|
|---|---|
|
1 to 3
|
12
|
|
4 to 12
|
15
|
|
13 to 18
|
20
|
|
19 or more
|
25
|
B.
Part-time, temporary or probationary employees. Permanent
part-time employees are eligible for vacation leave on a prorated
basis. Temporary or seasonal employees shall not be eligible for vacation
leave. New probationary and provisional employees shall be entitled
to one working day of vacation leave for each month of service completed
as of July 1.
C.
General provisions.
[Amended 2-24-1981 by Ord. No. 1007]
(1)
Requests for vacation leave must be submitted in writing
to the department head by May 1 of each year. An employee desiring
an earlier vacation must submit such request at least one month in
advance. All vacation leave shall be scheduled in such manner as to
ensure adequate operation within respective departments on a seniority
basis.
(2)
Vacation leave must be taken during the current calendar
year unless extended by the Chief Administrative Officer. Any unused
vacation leave may be carried forward into the next succeeding calendar
year only. This provision shall apply, unless altered by written contract
entered into between the City and an employee or employees, in the
sole discretion of the Council of the City of Long Branch.
[Amended 10-24-2000 by Ord. No. 42-00]
(3)
In specific incidences where an employee cannot take
accrued vacation leave within two calendar years due to emergent or
critical work situations as determined by the Administrator and approved
by the Mayor, eligibility may be extended for six additional months.
(4)
When requested, vacation pay may be granted the last
working day before the employee's first vacation day.
(5)
At a time of separation from employment with the City,
an employee shall be entitled in pay to any full day's vacation leave
accumulated but not taken. In the event of a death of an employee,
such settlement shall be made to the employee's estate.
A.
Sick leave.
(1)
Each employee shall receive one working day sick leave
with pay for each month of service from the date of the employee's
date of appointment up to and including the first anniversary date
of such appointment and 15 days of sick leave per year thereafter.
After 10 years of continuous service, each employee shall receive
20 days of sick leave for each year thereafter.
[Amended 2-24-1981 by Ord. No. 1007]
(2)
When an employee retires for reasons of physical disability,
age or length of service, such employee shall be entitled to be reimbursed
for 50% of his/her accumulative sick days' pay not exceeding $15,000
in total. The $15,000 cap is consistent with state statute, and this
provision shall be interpreted so as to be in compliance with said
statute. However, this provision may be altered by written contract
entered into between the City and an employee or employees in the
sole discretion of the Mayor and Council. The retiring employee shall,
if possible, advise the Chief Administrative Officer of the intention
to retire by November 1 of the year prior to the year of retirement
so that budget requirements may be met and so provided. In the event
of an employee's death, such payment shall be made to the beneficiary
as indicated on the employee's P.E.R.S. retirement form.
[Amended 2-24-1981 by Ord. No. 1007; 10-24-2000 by Ord. No.
43-00; 8-24-2010 by Ord. No. 11-10]
(3)
Employees are eligible for a family leave of absence
in accordance with the Family Medical Leave Act (FMLA). Such leave
shall be taken at a time determined by the employee and confirmed,
in writing, by a physician for a period not to exceed 12 weeks in
a twelve-month period if the employee has worked at least 12 months
for the City and at least 1,250 hours prior to the leave being taken.
An employee may be eligible for another twelve-week leave, but not
until the employee has worked 1,250 hours in a twelve-month period.
The employee may use paid sick and/or vacation leave during the leave
period to convert the leave from unpaid to paid leave. During this
leave, the employee shall not accrue additional paid sick or vacation
leave, but shall be entitled to health benefits. An employee applying
for family leave shall endeavor to submit an application, in writing,
for such leave at least 60 calendar days prior to the leave, except
under exigent circumstances, and shall include the probable date of
return to work. No employee who has exercised family leave shall be
permitted to return to work until the City receives a letter from
the attending physician attesting to the employee's fitness to resume
normal duties. Where applicable, the provisions of the Family Medical
Leave Act not set forth herein will apply.
[Amended 2-24-1981 by Ord. No. 1007; 3-23-1999 by Ord. No.
19-99]
(4)
An employee who has been absent on sick leave for
periods totaling 10 days in any calendar year, consisting of periods
of less than five days, shall submit acceptable medical evidence for
any additional sick leave in that year unless the illness is of a
chronic or recurring nature requiring absences of one day or less,
in which case only one certificate shall be necessary for each period
of six months.
(5)
The appointing authority may require proof of illness
whenever such requirement appears reasonable. Abuse of sick leave
privileges shall be cause for disciplinary action.
B.
Disability leave. Any employee disabled because of
occupational injury or disease may, on recommendation of the appointing
authority and approval of the Civil Service Department, be granted
a leave of absence with full pay, reduced pay or with full pay for
a certain period and reduced pay thereafter, contingent upon availability
of departmental funds legally usable for this purpose. Salary or wages
paid for disability shall be reduced by the amount of workmen's compensation
awarded. Such leave shall not be granted beyond one year from the
date of injury. The appointing authority shall furnish the Department
of Civil Service with proof of the injury or illness and the continued
disability of the employee.
[Amended 10-27-1998 by Ord. No. 36-98]
C.
Military leave. Any permanent employee, part-time
or full-time, who is a member of the National Guard, Naval Militia,
Air National Guard or a reserve component of any of the Armed Forces
of the United States and is required to engage in field training shall
be granted a military leave of absence for the period of such training
as is authorized by law. During such leave he shall receive the difference
between his military pay and his pay from regular municipal employment.
The paid leave of absence shall be in addition to his vacation. Permanent
part-time employees shall receive pay for such leave on a prorated
basis.
D.
Bereavement leave. Bereavement leave shall be granted
to each employee up to three days with pay per year in the event of
a death in the employee's immediate family, provided that prior notice
is tendered to the Chief Administrative Officer. Immediate family
shall include: mother, father, mother-in-law, father-in-law, husband,
wife, son, daughter, brother and sister.
[Amended 2-24-1981 by Ord. No. 1007]
E.
Jury duty. Jury duty leave shall be granted to any
employee summoned to jury duty or as a witness in behalf of the City.
Eligible employees shall receive full pay at the regular rate less
any court compensation received during such period while absent from
the City's employ. Prior notice and evidence must be presented to
the Chief Administrative Officer before any payment shall be made.
[Amended 2-24-1981 by Ord. No. 1007]
[Amended 2-24-1981 by Ord. No. 1007]
A.
Establishment of residency requirement. All full-time
employees of the City must be bona fide residents of the City and
retain such residency as a condition of continued employment. All
nonresidents employed by the City shall become residents of the City
within one year of initial employment. This subsection shall not apply
to employees in the City's employ prior to September 25, 1979.
B.
Action to ensure compliance.
(1)
The Chief Administrative Officer shall ensure that
employees comply with the residency requirement hereby established.
Failure of any employee to maintain required residency in the City
shall be cause for termination of employment.
(2)
The Chief Administrative Officer is authorized to
investigate into the residency of any employee to determine whether
he is in compliance with the residency requirement. If, after preliminary
investigation, the Chief Administrative Officer determines that cause
for taking action exists, the Chief Administrative Officer shall cause
a ten-day notice to be served personally or by certified mail upon
the employee, setting forth the charge that the employee is not a
bona fide resident of the City. The notice shall also set forth the
time and place of a hearing to be held by the Chief Administrative
Officer, and the City hearing. Such hearing shall be closed to the
public unless the officer or employee requests an open hearing.
(3)
If, after hearing, the Chief Administrative Officer
determines that the employee is not in compliance with the residency
requirement, the Chief Administrative Officer shall notify the employee
by certified mail that failure to take up bona fide residence within
the City in compliance with said notice and to provide proof thereof
satisfactory to the Chief Administrative Officer such termination
shall take effect on the date specified.
C.
Recruitment of nonresident.
[Amended 2-24-1981 by Ord. No. 1007]
(1)
When it is determined that there cannot be recruited
a sufficient number of prospective employees who are bona fide City
residents to specific positions, the Chief Administrative Officer
shall recruit nonCity residents.
(3)
The Chief Administrative Officer shall first appoint
those in Class 1 and then those in each succeeding class in the order
above-listed and shall appoint a person or persons in any such class
only to a position or positions of employment or employments remaining
after all qualified applicants in the preceding class or classes shall
have been appointed or have declined an offer of appointment.
(4)
Employees hired under the provisions of this subsection
shall be notified by the Chief Administrative Officer whether they
must become bona fide residents of the City of Long Branch within
18 months of such appointment and, if so, that they must maintain
residency in the City thereafter as a condition of continued employment.
(5)
Upon making a determination that such preference schedule
shall be applicable to any specific position, the hiring authority
shall promptly notify the Civil Service Commission of such determination.
D.
Exemptions for special skills or talents.
(1)
The Chief Administrative Officer shall determine if
there are certain specific positions requiring special talents or
skills which are necessary to the operations of the City and which
are not likely to be found among the residents of the City. Such positions
so determined shall be filled without reference to residency.
E.
Officers and employees exemptions. The following officers
and employees are exempt from the provision of this section: Chief
Administrative Officer, City Clerk, City Attorney, City Prosecutor,
City Magistrate, Tax Assessor, City Engineer and all sworn police
and fire personnel.
[Amended 2-24-1981 by Ord. No. 1007]
A.
Policy. It shall be the policy of the City to appoint
all employees, either classified or unclassified, without regard to
political considerations. For the purposes of this section, "City
employees" are defined to include full-time, temporary, probationary,
seasonal or part-time personnel appointed by the City receiving an
annual or hourly reimbursement for their services from the City.
B.
Certain political activities prohibited.
(1)
City employees shall not engage in any political activities
during working hours or on City property.
(2)
No person shall demand payment or contribution from
City employees for campaign purposes.
(3)
City employees whose principal employment is in connection
with any activity financed in whole or in part by loans or grants
made by the United States or by any federal agency may also be subject
to the restrictions of the Federal Hatch Act applying to political
activity which is partisan.
C.
Rights reserved. Nothing in this section shall be
construed to prevent City employees from becoming or continuing to
be members of any political party, club or organization or attending
political meetings; expressing their views on political matters outside
of working hours and off City property; circulating petitions on public
questions or voting with complete freedom in any election; nor to
prevent an elective officer from campaigning.
A.
Conflicts of interest prohibited.
(1)
No officer or employee elected or appointed in the City shall be interested, as defined in § 38-3A(1), directly or indirectly, in any contract with the City or in the compensation for work done or for materials or supplies furnished to the City or to any contractor or other person furnishing the same to the City, nor shall he participate in any profits of such contractor or other person or receive any compensation, commission, gift or other reward for his services except the fee or compensation prescribed pursuant to law.
[Amended 1-14-2003 by Ord. No. 69-02]
(2)
No officer or employee elected or appointed in the
City shall accept or solicit anything of value as consideration for
or in connection with the discharge of his official duties other than
the fee or compensation prescribed pursuant to law.
B.
Disclosure.
(1)
No official or employee, whether paid or unpaid, shall
engage in any business or transaction or accept any private employment
or commitment or shall have any financial or other personal interest,
direct or indirect, which is incompatible with the proper discharge
of his official duties in the public interest or would tend to impair
his independence of judgment or action in the performance of his official
duties.
(2)
No official or employee shall accept any gift or gratuity,
whether in the form of service, loan or promise, or in any other form,
from any person which to his knowledge is directly or indirectly interested
in any manner whatsoever in business dealings with the City; nor shall
any official or employee accept from any person any gift or gratuity
which may tend to influence him in the discharge of his duties.
(3)
No official or employee shall represent private interests
before the City Council or before any board, commission or agency
of the City. He shall not represent private interests in any action
or proceeding against the interest of the City in any litigation to
which the City is a party.
(4)
No municipal official or employee shall, without proper
legal authorization, disclose confidential information concerning
the property, government or affairs of the City; nor shall he use
such information to advance the financial or other private interest
of himself or others. The Council may, from time to time, determine
by resolution what information shall be deemed confidential for the
purposes of this section.
C.
Violations. Any officer or employee who violates any
provision of this section or of any statute or ordinance relating
to conflict of interest shall be deemed guilty of misconduct in office
and liable to removal from office. Any officer or employee who shall
knowingly permit any provision of this section to be violated by any
of his subordinates shall also be guilty of misconduct in office and
liable to removal.
A.
Dismissal or demotion. A permanent employee may be
dismissed from the service or demoted for cause. The causes sufficient
for removal from the service shall include 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;
provided, however, that any regular member or officer of the Police
Department or Fire Department who shall be absent from duty without
a just cause for a term of five days continuously and without leave
of absence shall, at the expiration of such five days, cease to be
a member of the Police Department or Fire Department.
[Amended 10-27-1998 by Ord. No. 36-98]
(3)
Incompetence, 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)
Participating in any political activity prohibited
by this article.
(8)
Disobedience of the departmental rules and regulations
established pursuant to this revision.
(9)
Conduct unbecoming a public employee.
B.
Suspension.
(1)
When in the opinion of the appointing authority an
employee's performance or conduct justifies disciplinary action short
of dismissal, the department director or department head may suspend
or furlough the employee without pay or with reduced pay.
(2)
An employee who shall be suspended, fined or demoted
more than three times in any one year or more than five days at one
time or for a period of more than 15 days in the aggregate of any
calendar year shall have the right of appeal to the Civil Service
Department, and the Civil Service Department shall have the power
to revoke or modify the action of the appointing authority. In unusual
circumstances, wherein the safety or welfare of the employee or others
is threatened, the department director or department head may temporarily
suspend the employee pending formal action by the Mayor.
It is the policy of the City of Long Branch
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 associates, supervisors and to the public.
The City Personnel Officer shall provide that
adequate personnel records are maintained for each employee of the
City. Such records shall include dates of appointments and promotions,
job titles, salaries, commendations, disciplinary actions, leave of
any type taken and accumulated, merit ratings and any appropriate
additional information.
The City Personnel Officer may schedule medical
examinations for all City employees annually or more frequently if
required.
A.
Development of programs. Department directors shall
have responsibility for the development of training programs, including
lectures, demonstrations, assignment of reading matter or other methods
deemed desirable.
B.
Approved courses. The City may assume tuition costs
of training courses taken by employees of the City which the City
Council shall deem to be of benefit to employees and the City. Such
training programs shall be taken on the employees' own time unless
otherwise specifically provided.
C.
Record. Successful completion of special training
courses shall be filed with the employee's personnel record and may
be considered toward his advancement or promotions in the future.
A.
Every officer or employee of the City who by virtue
of his office or position is entrusted with the receipt, custody or
expenditure of public moneys or funds and any other officer or employee
who may be required so to do by the Council shall, before entering
upon the duties of his office or position, execute and deliver a surety
bond in such amount as may be fixed by resolution of the Council,
binding him to the City in its corporate name and conditioned upon
the true and faithful performance of his duty. Each officer or employee
required by law to give bond shall execute it with sufficient surety
and deliver it to the Clerk, except that the Clerk shall deliver his
bond to the Comptroller before he enters upon the discharge of the
duties of his office or employment.
B.
If any officer or employee shall neglect to execute
and deliver his bond as herein required within 30 days after due notification
of election or appointment, his office may be declared vacant by the
Council.
C.
In every case in which any person is required by laws
of the state or by any ordinance 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 City. Each such bond shall be approved by the City Attorney
as to form and sufficiency, and nothing in this section shall be construed
to prevent the use of one or more blanket bonds when so approved.
Upon the termination of the office or the employment
of any officer or employee, he shall forthwith deliver to his successor
or, if there is no successor, to the Clerk or other person who may
be designated by the Council to receive the same all money, papers,
books, memoranda, accounts and data of any nature whatsoever pertaining
to his office.
[1]
Editor's Note: Former § 75-22, Insurance
and pension coverage, was repealed 3-23-2004 by Ord. No. 5-04.
[1]
Editor's Note: Former § 75-23, Longevity
pay, was repealed 3-23-2004 by Ord. No. 5-04.
[Amended 2-24-1981 by Ord. No. 1007]
A.
City vehicles. All City-owned or City-leased cars
assigned to employees shall be kept clean and in good operating order.
Assigned employees shall be responsible for proper servicing and maintenance.
No such vehicle shall be used for any purpose other than City business,
nor shall any vehicle be taken home at any time without specific permission
from the Chief Administrative Officer.
B.
Personal vehicles. Employees shall be reimbursed $0.18
for use of their personal vehicle on City business per mile. The City
assumes no obligation for necessary liability insurance, and it is
understood that the reimbursement covers all operating expenses including
insurance coverage. Eligibility for reimbursement shall be based on
the following:
