[Adopted 5-24-2005 by Ord. No. 2005-20 (Secs. 3-1 through 3-11 of the 1974 Code); amended in its entirety 2-26-2019 by Ord. No. 2019-3]
Applicants for employment shall apply on forms provided by the
Clerk, which have been designed to obtain pertinent information concerning
the applicant's education, training, experience, character and
other factors necessary to determine his or her fitness and qualification
for service to the Borough. All applications shall be filed with the
department in which the applicant seeks employment. Where it appears
that an applicant is otherwise qualified for employment, the department
may require that the applicant furnish evidence that he or she is
physically fit for the position for which he or she seeks employment.
A.
Every
permanent employee must file a personnel record card, as provided
by the Borough Clerk. The personnel record card file shall be a confidential
record, in charge of the Borough Clerk.
B.
No
regular appointment nor employment shall be made unless the office
or position already exists, or shall be created by a resolution of
the Borough Council, stating the title, term and compensation thereof,
and unless there is an appropriation for such compensation.
C.
Unless
otherwise provided herein or by collective bargaining agreement currently
in effect in the Borough Clerk's office, any regular appointment
or employment shall be probationary for a period of one year, and
may be canceled within that time by written notice of the department
concerned, to the Borough Clerk and to the employee. The supervisor
of the department shall not be required to give any reason for such
action.
D.
Temporary
employees may be hired by the supervisor with the approval of the
Mayor and Council as needed.
E.
A
regular full-time employee shall be such employee who works on a regular
continuing basis for a full workday on a regular and continuing basis;
a regular part-time employee shall be an employee who works on a regular
and continuing basis but does not work full workdays but only works
portions of days of employment on a continuing basis. A full workday
shall be deemed a normal day of work from the beginning of the workday
to the end of the workday in any department or departments.
A.
Pay
periods for regular and part-time employees shall be the 15th and
30th of each month, except when the 15th or 30th falls on a Saturday,
Sunday or holiday, the pay day shall be the Friday before. Temporary
or special employees shall be paid by the hour.
B.
Regular
full-time employees shall work a forty-hour week, unless otherwise
provided in a collective bargaining agreement currently in effect
on file in the Borough Clerk's office. Hours of work may be determined
by each supervisor for the subdepartmental agencies under his or her
direction.
C.
Regular
full-time employees shall be entitled to overtime in accordance with
law and with the collective bargaining agreements currently in effect
on file in the Borough Clerk's office.
A.
Holidays
for members of the Police Department shall be in accordance with the
PBA collective bargaining agreements currently in effect on file in
the Borough Clerk's office.
B.
Permanent
full-time employees other than members of the Police Department shall
be entitled to paid holidays in accordance with the collective bargaining
agreement currently in effect on file in the Borough Clerk's
office.
C.
A
holiday falling on a Saturday will be observed on the preceding Friday,
and a holiday falling on a Sunday will be observed on the following
Monday.
Permanent full-time employees shall receive vacation credits
in accordance with the collective bargaining agreements currently
in effect on file in the Borough Clerk's office. Part-time and
temporary employees shall not receive vacation credits. Unless otherwise
provided herein or in a collective bargaining agreement, all vacations
shall be taken during the current year, and vacation time shall not
be accumulated. Vacation schedules shall be approved in advance by
the supervisor in charge. Vacation time that has accrued prior to
the effective date of this article is exempted from the requirement
that vacation time be taken during the current year, and said accrued
vacation time shall not be subject to forfeiture.
A.
Unless
otherwise provided herein or in a collective bargaining agreement
currently in effect on file in the Borough Clerk's office, "sick
leave" shall mean paid leave that may be granted to an employee who,
through sickness or injury, becomes incapacitated to a degree that
makes it impossible for him or her to perform the duties of his or
her position, or who is quarantined by a physician because he or she
has been exposed to a contagious disease.
B.
Part-time
and temporary employees shall be eligible for sick leave on a prorated
basis.
C.
Regular
full-time employees shall receive sick leave credits of 1.1667 working
days for each month of service for a total of 14 days per year of
service, which may be accumulated in accordance with the collective
bargaining agreements currently in effect on file in the Borough Clerk's
office.
D.
In
order to avoid interruption of necessary public services, any absence
for which sick leave is claimed shall be reported to the employee's
supervisor or to the Borough Clerk in advance of the employee's
tour of duty. Failure to do so without good cause may be recorded
as absence without leave with consequent loss of pay.
E.
Sick
leave claims shall be approved by the employee's supervisor,
who shall satisfy himself or herself they are justified before certifying
them to the Borough Clerk.
F.
After
three days of sick leave, the supervisor may require a report from
the attending physician or examination by the Borough physician to
determine justification of sick leave claims. Refusal of an employee
to comply with the instructions of his or her physician or to cooperate
with the Borough physician may cause rejection of sick leave claims.
A.
In
case of death in the immediate family of an employee, the employee
shall be granted up to three days' leave, with pay.
B.
The
"immediate family" shall include spouse, father, mother, brother,
sister, son, daughter, stepchild, father-in-law, mother-in-law, step-parent,
step-parent-in-law, grandmother, grandfather, domestic partner, or
relative living with the employee.
C.
The Borough may require reasonable verification of the event.
D.
Such bereavement leave may be taken in addition to any holiday, day
off, vacation leave or compensatory time off falling within the time
of bereavement.
E.
An employee may make a request to the Department Head or his or her
designated representative for time off without pay to attend a funeral
of persons not covered by this section, which shall be separate and
distinct from bereavement leave, which approval shall not be unreasonably
withheld.
No holiday, vacation, or personal day benefits shall be given
or granted to any employee of the municipality unless said employee
is a regular full-time employee.
A.
Personal days off for all regular full-time employees are in accordance
with the collective bargaining agreements currently in effect on file
in the Borough Clerk's office.
B.
Personal days that have accrued prior to the effective date of this
article are exempted from the requirement that personal days be taken
during the current year, and said accrued personal days shall not
be subject to forfeiture.
Employees who suffer job-related injuries and illnesses may
be entitled to medical expenses, lost income and other compensation
under the New Jersey Workers' Compensation Act. The Borough covers
workers' compensation benefits through its membership in a joint
insurance fund. Any occupational injury or illness must be immediately
reported to a supervisor or Department Head. All required medical
treatment must be performed by a workers' compensation physician
appointed by the joint insurance fund.
Employees shall not engage in outside employment that conflicts
with their responsibilities to the Borough. Employees may engage in
outside employment in accordance with the collective bargaining agreements
currently in effect on file in the Clerk's office.
It is hereby declared to be the policy of the Borough to recognize
and encourage meritorious actions on the part of its officers and
employees. To this end, letters of commendation concerning Borough
employees from their superiors and from members of the public with
whom they deal shall be directed to the attention of the Borough Council,
and then so recorded in the employee's personnel file. In addition,
the Borough Council may, on its own motion, commend the work of particular
officers and employees and cause such commendation to be inserted
in their personnel files. If any meritorious action or suggestion
results in substantial financial saving to the Borough, the Borough
Council may reward the employee by granting extra vacation leave.
A.
All employees enrolled in the Public Employee's Retirement System,
the Police and Fireman's Retirement System or the Consolidated
Police Pension Fund, and Federal Social Security Agency are subject
to payroll deductions, and Borough contributions to their credit are
made in accordance with the regulations of those agencies.
B.
Retirement applications may be made in accordance with the regulation
of those agencies.
C.
An employee retiring for length of service, which said length of
service shall be 25 years or more, shall have the option of accepting
a cash separation payment for accumulated sick leave or terminal leave
time equal to the employee's total accumulated sick leave, in
accordance with the collective bargaining agreements currently in
effect on file in the Borough Clerk's office.
D.
The maximum amount of a cash separation payment for accumulated sick
leave for an employee retiring for length of service with 25 years
or more years of service is $25,000, unless otherwise stipulated in
a collective bargaining agreement currently in effect on file in the
Borough Clerk's office.
Upon the dismissal or resignation of any employee, any and all
accumulated sick leave, to the date of such dismissal or resignation,
shall be deemed voided, vacated and forfeited, and any such employee
shall not be entitled to any accumulated sick leave credits upon such
dismissal or resignation.
Salaries and compensation for employees and officers of the
Borough shall be as follows:
A.
The salaries for the various positions throughout the Borough are
set by ordinance by the Mayor and Council. Current salary information
is on file in the Borough Clerk's office.
B.
Regular full-time employees shall be entitled to salary increases,
adjustments and longevity benefits in accordance with the collective
bargaining agreements currently in effect on file in the Borough Clerk's
office.
C.
The computation of longevity benefits shall be based upon the commencement
date of employment of the employee on a calendar year basis, i.e.,
if the commencement of employment was a time in the year 1970, then
longevity benefits shall begin as of January 1, 1974. Commencement
of employment in any year shall, for longevity computations, be deemed
to have commenced as of January 1 of such year.
D.
Employees hereby have the option and right to decline a salary increase
if they so desire; such declination, as exercised, shall be in writing
and effective upon presentation and may not be waived thereafter.
A.
No part-time employee shall receive health benefits and/or insurance
benefits paid for by the Borough; provided, however, that where permitted
by the existing plan, all part-time employees may arrange for their
own payment of health benefits and/or insurance benefits and receive
same at any available group rate to be paid by the part-time employee.
A.
When a full-time employee who is a member of the reserve component
of any United States armed force or the National Guard of any state,
including the Naval Militia and Air National Guard, is required to
engage in field training or is called for active duty, the employee
will be granted a military leave of absence for the duration of the
service. The first 30 workdays of the leave shall be with full pay,
except that a member of the New Jersey National Guard shall receive
full pay for the first 90 days. Thereafter, the Borough requires the
employee to utilize all of his or her accumulated time, and then the
Borough pays the difference between military pay and the employee's
regular salary. The paid leave will not be counted against any available
time off, including but not limited to vacation, sick or personal
time. A full-time temporary employee who has served less than one
year shall not be entitled to paid leave, but shall be granted nonpaid
military leave without loss of time.
B.
Employees on military service will continue to receive paid health
insurance coverage during the period of the paid leave, plus an additional
30 calendar days after the paid leave is exhausted. After this period
has expired, employees may continue coverage for themselves or their
dependents under the Borough's group plan by taking advantage
of the COBRA provision. Members of the state-administered retirement
systems (PERS and PFRS) will continue accruing service and salary
credit in the system during the period of paid leave.
A.
Employees may be granted a personal leave of absence for up to six
months at the discretion of the governing body if the leave does not
cause undue operational disruption. The leave must include the use
of accrued vacation, sick and personal time, regardless of the length
of leave requested. The portion of the leave that runs beyond the
exhaustion of vacation and sick leave will be without pay or longevity
credit. In exceptional circumstances, the governing body may extend
a leave of absence for an additional six months, if such extension
is considered to be in the best interests of the Borough.
B.
Personal leaves are not granted for the purpose of seeking or accepting
employment with another employer, or for extended vacation time. Employees
on personal leave of absence for more than two weeks in any month
will not receive holiday pay, and will not accrue personal leave,
sick leave or vacation time for that month. Health benefits may also
be impacted. A personal leave is granted with the understanding that
the employee intends to return to work for the Borough. If the employee
fails to return within five business days after the expiration of
the leave, the employee shall be considered to have resigned.
An employee who is required to render jury service will be paid
the difference between any payment received for jury service and the
employee's regular salary.
To the extent not inconsistent with law, Borough ordinance or
collective bargaining agreements currently in effect on file in the
Borough Clerk's office, the Borough of Bradley Beach Personnel
Policies and Procedures Manual and the Borough of Bradley Beach Employee
Handbook shall govern the terms and conditions of employment with
the Borough of Bradley Beach.
