The Council hereby declares the following principles
to constitute the personnel policy of the Township:
A. Employment in the Township government shall be based
on merit and fitness free of personal and political considerations.
B. Just and equitable incentives and conditions shall
be established and maintained in order to promote efficiency and economy
in the operation of the Township government.
C. Positions with similar duties and responsibilities
shall be classified and compensated on a uniform basis.
D. Appointments, promotions and other personnel actions
requiring the applications of the merit principal shall be based on
systematic tests and evaluations of knowledge and performance.
E. Every effort shall be made to stimulate high morale
by fair administration of this chapter and by consideration of the
rights and interests of employees, consistent with the best interest
of the public and the Township.
F. Continuity of employment shall be subject to good
behavior, satisfactory performance of work, necessity for the performance
of work and availability of funds.
[Amended 7-15-1991 by Ord. No. 11-91; 4-29-1993 by Ord. No.
19-93; 9-29-1994 by Ord. No. 56-94; 1-9-2006 by Ord. No. 38-2005; 4-6-2009 by Ord. No. 2009-08; 10-23-2017 by Ord. No. 2017-24; 10-25-2022 by Ord. No. 2022-34]
Employees who have acquired permanent employment
status 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 section.
A. Layoff. The power to lay off employees shall be exercised
by the Mayor. This power shall not extend to the Township Clerk, Deputy
Clerk or any other employee who is appointed directly by the Township
Council. The power to lay off the Township Clerk, Deputy Clerk or
any other employee appointed directly by the Township Council shall
be exercised solely by the Township Council. Whenever the Mayor deems
it necessary or appropriate to lay off any employee, he or she shall
inform the Township Council of the intended layoff action at least
10 days prior to such action taking effect.
B. Resignation; procedure. An employee may resign from
his position by tendering a written resignation to his department
head, who in turn shall forward it to the Township Administrator.
Unless there are disciplinary charges pending against the employee,
the Township Administrator shall notify the employee in writing of
the acceptance of his resignation in good standing. An employee shall
give a minimum of two weeks' notice before the effective date of his
resignation. Unless the Township Administrator waives such notice
in writing, failure to give the minimum notice will result in loss
of vacation and sick credits.
C. Payment
of sick and vacation pay as supplemental compensation upon retirement
in good standing only.
(1) Sick and vacation pay; supplemental compensation.
The following provisions shall govern sick and vacation pay for any
and all employees not represented by a majority representative for
purposes of collective bargaining:
(a)
Termination by retirement in good standing.
Only employees separated from Township employment by retirement in
good standing shall be entitled to receive a lump sum as supplemental
compensation for each day of accumulated unused sick time, subject
to the limitations of this chapter, which is credited on the effective
date of separation. Supplemental compensation of the amount due for
accumulated unused sick time shall be computed at the employee's daily
rate of pay as of the effective date of separation.
(b)
Termination by other means. Any employee separated
from Township employment by any other than retirement in good standing shall
not be entitled to receive a lump sum as supplemental compensation
for each day of accumulated unused sick time.
(c)
Limitation for supplemental compensation of
accumulated unused sick time.
[1]
Employees hired before July 1, 1982. Total supplemental
compensation for accumulated unused sick time shall not exceed the
lesser of the amount due for accumulated unused sick time up to a
maximum of 280 days less the days of accumulated unused sick time
repurchased by the Township or the absolute dollar limitation of $30,000.
[a]
Exception. Employees who have more than $30,000
of accrued unused sick time on July 1, 1993, shall be grandfathered,
and the amount in effect on that date shall become the employee's
absolute dollar limitation.
[2]
Employees hired on or after July 1, 1982, but
before July 1, 1993. Total supplemental compensation for accumulated
unused sick time shall not exceed the lesser of the amount due for
accumulated unused sick time up to a maximum of 100 days less the
days of accumulated unused sick time repurchased by the Township or
the absolute dollar limitation of $15,000.
[a]
Exception. Employees who have more than $15,000
of accrued unused sick time on July 1, 1993, shall be grandfathered,
and the amount in effect on that date shall become the employee's
absolute dollar limitation.
[3]
Employees hired on or after July 1, 1993. Total
supplemental compensation for accumulated unused sick time shall not
exceed the lesser of the amount due for accumulated unused sick time
up to a maximum of 50 days less the days of accumulated unused sick
time repurchased by the Township or the absolute dollar limitation
of $7,500.
[4]
Any employee hired on or after January 1, 2018, shall not be
entitled to receive supplemental compensation of accumulated unused
sick time.
(d)
Any permanent employee separated from Township employment by layoff, retirement, death or resignation in good standing shall be entitled to receive a lump sum payment as supplemental compensation equal to the accumulated unused vacation time for the year of separation, plus a maximum carry-over of five days of unused vacation from the preceding year, subject to the limitations of §
351-5C, which is credited on the effective date of separation. Supplemental compensation for unused vacation shall be computed at the employee's daily rate of pay as of the effective date of separation.
[1] In the event of death of an employee, payment of supplemental compensation in the form of accumulated unused vacation time as permitted in Subsection
C(1)(d) above shall be paid to the estate of the employee.
(e)
In the event an employee is dismissed for cause,
no payment for supplemental compensation for accumulated sick or vacation
time shall occur.
D. Dismissal or demotion. A permanent employee may be
dismissed from the service or demoted for cause. The causes for removal
from the service shall include, but not be limited to, the following:
(2) Absence without leave or failure to report after authorized
leave has expired or after such leave has been disapproved or revoked,
provided that any regular member or officer of the Police Department
who shall be absent from duty without 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 as
provided in N.J.S.A. 40A:14-122.
(3) Incompetency or inefficiency or incapacity due to
mental or physical disability.
(4) Insubordination or serious breach of discipline.
(5) Intoxication while on duty.
(6) Commission of a criminal act.
(7) Disobedience of the department rules and regulations established pursuant to §
351-4.
(8) Conduct unbecoming a public employee.
(9) Falsification
of public records, including attendance and other personnel records.
E. Suspension. An employee of the Township may be suspended:
(1) Up to five days as a disciplinary measure without
bringing formal charges.
(2) Not less than five days nor more than 15 days when
formal charges are to be brought, with the employee receiving a minimum
of five days' notice unless he waives such notice in writing.
[Amended 8-21-1978 by Ord. No. D-247]
Each full-time employee of the Township shall
be entitled to vacation time each year as set forth in the following
schedules:
A. Employees other than police officers.
(1) The Township Administrator and Township Clerk shall
be entitled to four weeks, plus an additional three days after five
years, plus an additional two days after 10 years for a total entitlement
of 25 days.
(2) All department heads shall be entitled to three weeks
the first year, four weeks after five years and five weeks after 10
years.
[Amended 1-9-2006 by Ord. No. 38-2005]
(3) All other full-time employees shall be entitled to
two weeks after first year, three weeks after five years and four
weeks after 10 years.
(4) Regular part-time employees hired prior to December
1, 2005, who work a minimum of 20 hours per week, and all Before and
After/Family Day Care Program employees who work a minimum of 20 hours
per week shall receive pro rata vacation. Regular part-time employees
hired after December 1, 2005, shall not be eligible for vacation.
[Amended 6-28-1999 by Ord. No. 21-99; 12-12-2005 by Ord. No.
41-2005]
(5) Temporary part-time employees shall not be eligible
for vacation.
B. Applicability. The foregoing schedules shall apply
to all personnel covered under this section employed as of January
1 of the current year. Personnel employed after January I of the current
year shall be entitled to a pro rata share of the applicable benefits
based on their date of hire.
[Amended 12-12-2005 by Ord. No. 41-2005]
C. Carrying over of vacation. Upon written request from
an employee covered by this section an amount equal to one year's
vacation may be carried over into the following year with the approval
of the Township Administrator. Accumulated vacation carried over into
the next year shall not be eligible for cash payment upon separation
or retirement from employment with the Township and must be utilized
by June 1 of the following year.
[Amended 12-12-2005 by Ord. No. 41-2005]
[Added 3-22-2004 by Ord. No. 06-04]
The following rules shall apply to carry-over
of accumulated sick time only and to no other type of accumulated
time:
A. Any member of a collective bargaining unit who is
promoted or otherwise transferred into a management position or a
nonunion position shall be permitted to carry and maintain all accumulated
sick time to which he or she is entitled at the time of such change
in status.
B. In order to implement the employee's right to carry
over such accumulated sick time from a collective bargaining unit
to nonunion status, such employee must elect to receive such carry-over
within one year of the date of transfer. This section shall be applicable
to any persons transferring from a collective bargaining unit to a
nonunion position retroactive to July 1, 2003.
C. If an employee makes an election to transfer accumulated
sick time when he or she changes to a nonunion status, the amount
of sick time maximum and the manner by which sick time is charged
and accumulated shall be governed by the contractual rules of the
collective bargaining unit in place at the time the employee makes
his or her election to carry over accumulated sick time as provided
in this section.
D. Should any employee decline to carry over and maintain
accumulated sick time from a collective bargaining unit when he or
she is transferred into a nonunion position by failing to make such
election, such employee's right to sick time maximums and the rules
concerning use and accumulation of sick leave shall be governed by
the applicable provisions of Township ordinance. The employee's date
of hire for the purposes of the Township ordinance shall be the date
of his or her initial employment with the Township of Old Bridge.
[Amended 8-21-1978 by Ord. No. D-247]
A. All full-time employees except police officers shall
be entitled to the following holidays with pay:
[Amended 3-9-1998 by Ord. No. 19-98]
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New Year's Day
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Martin Luther King Birthday
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Lincoln's Birthday
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President's Day
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Good Friday
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Memorial Day
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Independence Day
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Labor Day
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Veterans Day
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Thanksgiving Day
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Day after Thanksgiving
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Christmas Day
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Two additional holidays (floating holidays)
which will be taken at the discretion of the employee, but subject
to the approval of management. Floating holidays must be used in the
year they are provided or such holidays will be considered lost and
unavailable for use.
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(1) Holidays may not be carried or banked.
B. If a holiday falls on a Saturday, it shall be observed
on the preceding Friday; if a holiday falls on a Sunday, it shall
be observed on the following Monday.
[Added 5-19-1980 by Ord. No. D-307]
A. The Township Administrator shall grant upon request
to each employee a maximum of five days' bereavement leave in the
event of a death of a member of the employee's immediate family, such
leave to be used at the time of the death and funeral for the purpose
of attending and aiding the aggrieved family. The "immediate family"
is defined as mother, father, mother-in-law, father-in-law, grandparents,
husband, wife, son, daughter, brother, sister, brother-in-law, sister-in-law
or any blood relative residing in the employee's household.
B. The Township Administrator shall grant upon request
to each employee a maximum of three days' bereavement leave in the
event of a death of a relative outside of the immediate family, as
defined above. Sick leave may be used if additional time is required.
[Added 8-26-1996 by Ord. No. 31-96;
amended 3-9-1998 by Ord. No. 19-98; 4-10-2006 by Ord. No. 9-2006]
A. Policy for payment of health benefits to eligible
retirees. Employees who retire on or after June 1, 2004, and who were
hired on or before July 1, 2012, excepting those employees covered
by a collective bargaining agreement that states otherwise, will be
eligible for the benefits hereunder if they satisfy one of the following
requirements:
[Amended 12-11-2006 by Ord. No. 55-2006; 5-16-2011 by Ord. No. 2011-09; 2-6-2012 by Ord. No. 2012-03; 6-25-2012 by Ord. No.
2012-15]
(1) Retire on a disability pension;
(2) Retire after 25 years or more of service credit in
a state or locally administered retirement system and have been continuously
employed by the Township of Old Bridge for a period of 25 years or
longer at the time of retirement;
(3) Retire and reach the age of 62 years or older with
at least the last 15 years or more of continuous service with the
Township of Old Bridge at the time of retirement.
B. All retired employees, not covered by a collective
bargaining agreement which states otherwise, who were originally hired
after July 1, 2009, and who are eligible to receive retiree health
benefits as stated above, shall be required to contribute to their
cost of their health, dental and prescription benefits based on the
following formulas:
[Added 4-6-2009 by Ord. No. 2009-08; 6-25-2012 by Ord. No.
2012-15]
(1) Employees
whose pension income is less than $60,000 in a calendar year shall
pay to the Township on a monthly basis 5% of the premium costs for
health, dental and prescription drug benefits.
(2) Employees
whose pension income is more than $60,000 in a calendar year shall
pay to the Township on a monthly basis 10% of the premium costs for
health, dental and prescription drug benefits.
C. Type of coverage to be provided.
(1) Retirees of the Township of Old Bridge shall receive
health insurance benefits which are equal to those being provided
to the current employees in the same job classification and status
previously held by the retiree. Modifications to such coverage in
accordance with policy changes implemented for existing employees
shall be allowed.
(2) All coverage granted under this section shall be coverage
for the individual employee and family coverage as defined by the
health insurance carrier.
(3) Upon reaching age 65, any employee who remains a beneficiary
of a policy of insurance and who otherwise qualifies for Medicare
shall be entitled to receive Medicare as primary coverage and Township
health insurance as secondary coverage.
(4) Upon retirement and each year thereafter, all retirees
shall sign a coordination of health benefits agreement. In the event
that the retiree becomes reemployed in any capacity where such employer
provides health benefits for which the retiree is eligible, and the
reemployed retiree is not required to contribute to the cost of those
benefits, said reemployed retiree shall be required to obtain such
coverage as their primary insurance. The Township shall maintain the
coverage as outlined herein as a secondary insured.
(5) In the event that a retiree’s spouse is employed,
or becomes employed, and where such employer provides health benefits
for which the spouse is or becomes eligible, and the spouse is not
required to contribute to the cost of those benefits, said spouse
shall be required to obtain such coverage as their primary health
insurance. Dependents shall be primary on the plan of the employee
or spouse whose birth date comes first in the calendar year. The Township
shall maintain coverage outlined herein as secondary insured.
(6) The provisions of this Subsection
C shall not apply to any Township employee hired on or after July 1, 2012, excepting those Township employees covered by a collective bargaining agreement that states otherwise.
[Added 6-25-2012 by Ord. No. 2012-15]
[Added 12-12-2005 by Ord. No. 41-2005]
A. Any full-time employee shall have the option of surrendering
health insurance coverage. Any employee who surrenders said coverage
for 12 consecutive months shall receive a cash payment equal to half
of the Township's cost for the benefit during that same period. In
order to qualify for this payment, the employee will be required to
provide proof of other health insurance coverage. Payments will be
made during normal pay periods.
B. Nonunion employees may select any of the health insurance,
dental, prescription and vision plans offered by the Township. (Note:
Certain combinations of health and dental are limited by the plans
themselves.)
C. All employees,
not covered by a collective bargaining agreement which states otherwise,
who are originally hired after July 1, 2009, shall be required to
contribute to their cost of their health, dental and prescription
benefits based on the following formulas:
[Added 4-6-2009 by Ord. No. 2009-08]
(1) Employees
whose gross income (pension-based income) is less than $60,000 in
a calendar year shall have 5% of the actual premium costs for health,
dental and prescription drug benefits deducted from normal payroll
check.
(2) Employees
whose gross income is more than $60,000 in a calendar year shall have
10% of the actual premium costs for health, dental and prescription
drug benefits deducted from normal payroll check.
[Added 4-13-2021 by Ord. No. 2021-11]
A. Establishment
of plan and fund.
(1) There
is hereby established a partially self-funded workers' compensation
benefit fund plan for the Township employees to be known as the "Workers'
Compensation Plan" (the "plan"). There is further established in accordance
with the provisions of N.J.S.A. 40A:10-13 an insurance to be known
as the "Old Bridge Workers' Compensation Self-Insurance Fund" (the
"fund"). The plan and the fund shall be operated and maintained in
accordance with the terms of this section, N.J.S.A. 40A:10-6 and the
rules and regulations promulgated thereunder by the Department of
Community Affairs.
(2) There
is hereby established in accordance with the requirements of N.J.S.A.
40A:10-8 a fund commission (the "commission") consisting of three
officials of the Township: the Business Administrator, Human Resources
Director, and Director of Finance, together with a confidential secretary,
appointed by the Business Administrator. The secretary shall serve
at the pleasure of the commission. The commissioners shall serve without
compensation. The compensation, if any, shall be established and authorized
by the governing body.
(3) In
order to maintain the efficient, professional and actuarially sound
operation of the fund, the Township will contract with a qualified
third-party administrator ("TPA") to assist the Township and the commission
in the proper design and administration of the plan. Subject to consultation
and review by the governing body, the commissioners shall have the
power and duty to oversee the TPA, adopt rules and regulations for
the control and investment of the fund, assure that the fund has sufficient
funds for the payment of losses and claims, invest assets of the fund
in accordance with the Township's established investment policy, and
assure the proper operation of the plan and the fund consistent with
their purpose.
(4) The
purpose of the fund is to hold, manage and distribute in accordance
with the plan documents and sound fiscal management money necessary
to pay the valid claims of Township employees as required to fulfill
the obligations of the Township pursuant to the plan and its health
insurance obligations to its employees. The fund exists to pay health-care
claims and related expenses covered by the plan, and the fund shall
not be used for any other purpose.
(5) The
commissioners and the TPA shall cause the fund to achieve a reasonable
reserve of up to six months of claims payments to assure that sufficient
assets are available to continue to pay all claims and expenses in
a high claim year.
(6) Claims
shall be administered and paid, after review, by the TPA in accordance
with the TPA administration contract. The TPA shall assure that all
Township employees covered by the plan are fully informed as to the
proper procedure for submitting claims and that all notices required
by law with respect to the plan are promptly provided to plan participants.
(7) Appeals
from denial of claims shall, in the first instance, be reviewed by
the TPA. In considering appeals, any relevant supplemental information
provided by the plan participant or the service provider shall be
considered. Second-level appeals shall be handled by a third party
retained to review appeals on an independent basis according the plan
documents. In order to assure that the plan is consistently, fairly
and equitably administered, no member of the governing body shall
be involved in the approval or denial of claims in which in all cases
shall be determined by the terms of the plan.
(8) The
fund shall continue from year to year without lapse until the self-fund
insurance plan is terminated by action of the governing body. In the
event of such termination, after payment of all claims and expenses
of the plan, any fund balance remaining shall revert to the Township's
general fund.