Article I General Provisions

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.

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.

General policies. The following principles shall constitute the personnel policies of the City of Long Branch:

Employment in the City government shall be based on merit and fitness, free of personal and political considerations.

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.

Positions with similar duties and responsibilities shall be classified and compensated on a uniform basis.

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.

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.

§ 75-3 Classified and unclassified service.

Continuation of employment shall be subject to good behavior and satisfactory performance of work, necessity for the performance of work and availability of funds.

§ 75-2 Power of appointment.

Except as otherwise required by law, the directors of the various departments shall appoint, promote and remove officers and employees within their departments.

Unclassified service. The unclassified service shall include the following:

All elected officials and members of citizen boards and committees.

Business Administrator, City Clerk, department directors, City Attorney and legal assistants.

Secretaries to the Mayor, Business Administrator and department directors.

Volunteer personnel and personnel appointed to serve without compensation.

Consultants and counsel rendering temporary professional services.

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]

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]

§ 75-4 Appointment.

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.

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.

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.

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.

Probationary period.

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.

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.

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.

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]

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]

§ 75-5 Promotions.

Definition. As used in this article, "promotion" shall mean an advancement in classification having:

New duties of greater difficulty or responsibility.

A salary range having a greater maximum.

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.

Permanent promotions.

Vacancies shall be filled by utilizing competitive promotional examinations in accordance with the Civil Service Rules of the State of New Jersey.

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.

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.

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.

§ 75-6 Separation from service.

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.

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.

Retirement.

[Amended 2-24-1981 by Ord. No. 1007]

Employees shall be subject to the requirements and provisions of the Public Employees Retirement System of the State of New Jersey.

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.

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.

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.

§ 75-7 Compensation.

[Amended 2-24-1981 by Ord. No. 1007]

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.

Deductions for leave without pay. Deductions in salary for leave without pay shall be computed on the basis of hourly rate.

Compensation for overtime.

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]

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.

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.

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]

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]

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.

§ 75-8 Hours of work.

[Amended 2-24-1981 by Ord. No. 1007]

Work schedule.

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.

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.

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.

§ 75-9 Holidays.

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

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]

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]

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]

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.

§ 75-10 Vacations.

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

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.

General provisions.

[Amended 2-24-1981 by Ord. No. 1007]

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.

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]

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.

When requested, vacation pay may be granted the last working day before the employee's first vacation day.

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.

§ 75-11 Leaves of absence.

Sick leave.

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]

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]

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]

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.

The appointing authority may require proof of illness whenever such requirement appears reasonable. Abuse of sick leave privileges shall be cause for disciplinary action.

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]

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.

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]

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]

§ 75-12 Residency requirement.

[Amended 2-24-1981 by Ord. No. 1007]

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.

Action to ensure compliance.

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.

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.

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.

Recruitment of nonresident.

[Amended 2-24-1981 by Ord. No. 1007]

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.

The Chief Administrative Officer shall classify all qualified nonCity applicants for such specific positions so determined as follows:

(a)

Residents of Monmouth County.

(b)

Residents of Ocean, Mercer and Middlesex Counties.

(c)

Residents of the State of New Jersey.

(d)

All other applicants.

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.

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.

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.

Exemptions for special skills or talents.

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.

The formal criteria pursuant to which such positions shall be so determined are as follows:

(a)

Such positions require the exercise of professional expertise; or

(b)

Such positions require rare and highly specialized skills.

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]

§ 75-13 Political activity.

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.

Certain political activities prohibited.

City employees shall not engage in any political activities during working hours or on City property.

No person shall demand payment or contribution from City employees for campaign purposes.

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.

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.

§ 75-14 Conflicts of interest.

Conflicts of interest prohibited.

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]

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.

Disclosure.

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.

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.

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.

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.

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.

§ 75-15 Disciplinary actions.

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:

Neglect of duty.

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]

Incompetence, inefficiency or incapacity due to mental or physical disability.

Insubordination or serious breach of discipline.

Intoxication while on duty.

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.

Suspension.

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.

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.

§ 75-16 Statement of policy.

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.

§ 75-17 Personnel records.

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.

§ 75-18 Medical examinations.

The City Personnel Officer may schedule medical examinations for all City employees annually or more frequently if required.

§ 75-19 Training programs.

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.

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.

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.

§ 75-20 Surety bonds.

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.

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.

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.

§ 75-21 Delivery of funds and records.

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.

§ 75-22 (Reserved) [1]

[1]

Editor's Note: Former § 75-22, Insurance and pension coverage, was repealed 3-23-2004 by Ord. No. 5-04.

§ 75-23 (Reserved) [1]

[1]

Editor's Note: Former § 75-23, Longevity pay, was repealed 3-23-2004 by Ord. No. 5-04.

§ 75-24 Use of vehicles.

[Amended 2-24-1981 by Ord. No. 1007]

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.

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:

Use of a personal vehicle is considered necessary and is authorized in advance by the department head.