[Amended 12-15-1993 by Ord. No. 1993-28; 6-28-2012 by Ord. No. 2012-07]
Classified employees who have acquired permanent employment status, as provided in § 32-21, may be temporarily suspended from the Township's employ by layoff or suspension, or permanently separated by resignation or dismissal, as more particularly set forth in this article, subject at all times to the rules and regulations of the New Jersey Civil Service Commission.
Whenever there is a lack of work or a lack of
funds so as to require a reduction in the number of employees in a
department of the Township government, the required reductions shall
be made in such job classification or classifications as the Township
Manager may designate. Employees shall be laid off in the inverse
order of their length of service. Within each affected job class,
all temporary employees shall be laid off before any permanent employee.
Permanent, including probationary, employees so affected shall be
given a minimum of 45 days' notice in writing. Temporary employees
so affected shall be given a minimum of two weeks' notice, or two
weeks' pay in lieu thereof.
[Amended 12-15-1993 by Ord. No. 1993-28; 10-1-1997 by Ord. No. 1997-23; 5-19-1999 by Ord. No. 1999-2]
A.
Statutory retirement benefits for Township employees.
(1)
Employees enrolled in the Public Employee's Retirement
System (PERS) and the Police and Firemen's Retirement System (PFRS)
are subject to the requirements and provisions of their respective
plans.
(2)
Employees in PERS are eligible to retire with full benefits provided
by the retirement plat at age 60 and with reduced benefits at any
age after 25 years of service. This provision shall not apply to any
employee hired after April 1, 2017.
[Amended 3-9-2017 by Ord.
No. 2017-03]
(3)
Police officers in PFRS are eligible to retire with
full benefits provided by the retirement plan at age 50 and with reduced
benefits at any age after 25 years of service.[1]
[1]
Editor’s Note: Former Subsection A(4), regarding interpretation
of the term “full benefits,” was repealed 3-9-2017 by
Ord. No. 2017-03.
B.
Additional retirement benefits for noncontractual
Township employees.
(1)
Management/supervisory noncontractual personnel. For
employees with a retirement allowance granted and paid under the provisions
of a State of New Jersey Retirement System (e.g., PFRS, PERS):
(a)
Reimbursement not to exceed $9,000 annually
of the cost of health and medical coverage. This provision shall not
apply to any employee hired after April 1, 2017.
[Amended 10-19-2005 by Ord. No. 2005-14; 3-9-2017 by Ord. No. 2017-03]
(b)
A lump sum payment of 1/2 of accumulated sick
time, not to exceed $9,000.
(c)
Payment for unused accumulated vacation time
at current daily rate.
(2)
Non-management/-supervisory noncontractual personnel.
For employees with a retirement allowance granted and paid under the
provisions of a State of New Jersey Retirement System (e.g., PFRS,
PERS):
(a)
Reimbursement not to exceed $7,000 annually
of the cost of health and medical coverage. This provision shall not
apply to any employee hired after April 1, 2017.
[Amended 10-19-2005 by Ord. No. 2005-14; 3-9-2017 by Ord. No. 2017-03]
(b)
A lump sum payment of 1/2 of accumulated sick
time, not to exceed $4,500.
(c)
Payment for unused accumulated vacation time
at current daily rate.
[Amended 10-19-2005 by Ord. No. 2005-14]
An employee may resign from his or her position
by tendering a written resignation to his or her department head,
who shall review the request and in turn notify the Township Manager.
Unless there are disciplinary charges against the employee, the employee
shall be notified in writing of acceptance of his or her resignation
in good standing. An employee shall give a minimum of two weeks' notice
before the effective date of his or her resignation. Failure to do
so may result in loss of vacation credits.
[Amended 12-15-1993 by Ord. No. 1993-28; 10-19-2005 by Ord. No. 2005-14; 6-28-2012 by Ord. No. 2012-07]
Employee discipline shall be in accordance with
the Employee Discipline Policy contained within the Employee Handbook.
[Amended 12-15-1993 by Ord. No. 1993-28]
When, in the opinion of the Township Manager,
after consultation with the department head, an employee's performance
or conduct justifies disciplinary action short of dismissal, the Township
Manager may suspend or furlough the employee without pay or with reduced
pay.
A.
When a department head believes that an employee is
not conforming to the letter or spirit of the Township policies and
rules or to specific instructions given him or her, or has acted improperly,
dishonestly, immorally, illegally or in violation of any of the rules
or regulations hereof, the department head shall first privately discuss
the matter with the employee concerned in order to obtain the employee's
view and side of the matter. The department head shall, if possible,
then obtain assurance that there will not be a repetition of the incident,
if one not sufficient to warrant the employee's dismissal from the
Township employment. A note or memorandum of the incident and its
disposition shall be placed in the employee's personal history file
by the department head.
B.
If the matter is not a serious one and the department
head is satisfied to thereby close the incident, the matter may then
be dropped.
C.
Should the department head consider the offense sufficiently
serious to warrant its consideration by the Township Manager, the
employee shall be so advised and a meeting of interested parties arranged
at the earliest possible date. All facts shall be presented at this
meeting. A written report of the meeting and of the action taken shall
be placed in the employee's personal history file. At the conclusion
of this fact-finding meeting, if it appears warranted by the facts,
the department head shall refer the matter to the Township Manager
for action.
D.
Disciplinary actions against employees shall be in
the following forms:
(1)
Informal, private, verbal reproof by the supervisor
or department head.
(2)
Written memorandum of censure from his or her superior.
(3)
Letter of admonition from the Township Manager.
(4)
Suspension from duty without pay.
(5)
Transfer or demotion of the employee.
(6)
Separation from the service of the Township.
E.
An immediate suspension without pay of an employee
may be ordered when such summary action is considered as being necessary
by the Township Manager or, for Police Department employees, by the
Chief of Police.
[Amended 6-28-2012 by Ord. No. 2012-07]
F.
When it is determined by the Township Manager, upon
review of any matter involving disciplinary proceedings, that action
by the Township Manager is warranted, written charges shall be served
upon the employee and a hearing shall be scheduled within 15 days
of the date of service of the charges upon the employee. Service of
the charges shall be made upon the employee. At the hearing, an employee
may appear and defend himself or herself and shall have the right
to be represented by counsel and to present witnesses and to cross-examine.
Upon conclusion of the hearing and upon rendition of a judgment by
the Township Manager, if a penalty is to be levied against the employee,
the Township Manager shall be governed by the rules and regulations
of the New Jersey Civil Service Commission as to the nature and extent
of said penalty. The decision of the Township Manager with reference
to disciplinary action taken shall be made no later than 10 days after
the conclusion of the hearing held before the Township Manager.
[Amended 12-15-1993 by Ord. No. 1993-28; 6-28-2012 by Ord. No. 2012-07]
G.
Any employee who is subject to disciplinary action
may appeal said action by means of the procedure set forth for the
handling of grievances and as provided by law.
H.
Nothing herein contained shall apply to the Police Department of the Township since disciplinary procedure for that Department is already provided for in an ordinance and in rules and regulations governing said Department adopted by the Township Council of the Township of Maple Shade, and in the agreement referred to in § 32-1J.
[Amended 7-7-1976 by Ord. No. 1976-10; 12-15-1993 by Ord. No.
1993-28]
A.
Separation from the service of the Township may result
from voluntary resignation of the employee or by the termination of
his or her services by the Township Manager.
B.
Termination of a full-time employee's services for
cause can only be accomplished after such recommendation in writing
has been referred to, reviewed and approved by the Township Manager,
and in the case of termination or disciplinary action beyond a suspension
for the time authorized under civil service rules and regulations,
the proper civil service forms shall be filed as prescribed in the
civil service rules and regulations, and the employee upon whom such
charges are brought is entitled to a hearing before the New Jersey
Civil Service Commission pursuant to the rules and regulations pertaining
thereto.
[Amended 12-15-1993 by Ord. No. 1993-28; 6-28-2012 by Ord. No. 2012-07]
C.
All employees shall, upon leaving the services of
the Township, complete and sign the "Termination Receipt" when receiving
their final compensation. This receipt will be filed in the employee's
personal history file as evidence of the satisfaction of all claims
against the Township.