[Adopted 3-27-1974 by Ord. No. 1974:250
(Art. I of Ch. 65 of the 1967 Code)]
As used in this article, the following terms
shall have the meanings indicated:
DEPARTMENT HEAD
Any person appointed to be the supervisor or administrative
official appointed to supervise the members of a department of the
Borough of Closter.
FULL-TIME EMPLOYEE
An employee appointed to a position within the Borough of
Closter who is required to work not less than 35 hours per week.
[Amended 7-24-2019 by Ord. No. 2019:1255]
PART-TIME EMPLOYEE, HOURLY
An employee appointed to a position within the Borough of
Closter whose normal duties require services on a flexible and/or
on-call schedule of less than 35 hours per week on behalf of the Borough
and is paid by the number of hours worked.
[Added 7-24-2019 by Ord. No. 2019:1255]
PART-TIME EMPLOYEE, SALARIED
An employee appointed to a position within the Borough of
Closter whose normal duties require less than 35 hours per week on
behalf of the Borough and is paid a salary based upon an agreed-upon
annual amount.
[Added 7-24-2019 by Ord. No. 2019:1255]
PROBATIONARY EMPLOYEE
An employee of the Borough of Closter who, for a period of
time, must serve a trial period of employment to determine if the
employee has the necessary qualifications for appointment to a regular
part-time or full-time employment position by the Mayor and Council
of the Borough of Closter.
[Added 8-10-1983 by Ord. No. 1983:456; amended 7-24-2019 by Ord. No. 2019:1255]
SCHOOL CROSSING GUARD
An employee of the Borough of Closter, appointed annually
by the Mayor and Council, responsible for aiding pedestrians, including
school children, across roadways and intersections who works certain
hours as directed by the Chief of Police of the Borough of Closter
and is compensated at hourly rates as established in the Salary Ordinance
adopted by the Mayor and Council.
[Added 8-10-1983 by Ord. No. 1983:456; amended 7-24-2019 by Ord. No. 2019:1255]
TEMPORARY EMPLOYEE
An employee appointed by the Mayor and Council of the Borough
of Closter or its properly designated officials whose employment is
for a limited time of less than one year.
[Amended 7-24-2019 by Ord. No. 2019:1255]
[Amended 10-12-1977 by Ord. No. 1977:317; 5-10-1978 by Ord. No. 1978:338; 8-10-1983 by Ord. No. 1983:456; 2-26-1986 by Ord. No. 1986:522; 1-3-1994 by Ord. No. 1993:663; 11-9-2009 by Ord. No. 2009:1058; 4-9-2014 by Ord. No. 2014:1160; 7-24-2019 by Ord. No. 2019:1255]
A. Effective upon adoption of this section, sick leave
shall be granted to all employees in accordance with the New Jersey
Earned Sick Leave Law, P.L. 2018, c. 10 (the "Law"), and subject to the other terms and conditions
set forth in the Law and the Borough's policy, except that covered
employees shall be entitled to accrue and carry over sick leave upon
the following terms which are more favorable than those set forth
in the Law.
B. Employees who commenced employment prior to the effective
date of this section shall, during the first year of employment, accrue
one hour of paid sick time for every twenty hours worked, up to a
maximum of 84 hours (12 days) of earned sick leave during the first
benefit year. After the first year of employment, said employees shall
accrue one hour of paid sick time for every 16 hours worked during
each benefit year, up to a maximum of 105 hours (15 days) of earned
sick leave per benefit year. Employees commencing employment on or
after the effective date of this section shall accrue one hour of
paid sick time for every 16 hours worked during each benefit year,
up to a maximum of 70 hours (10 days) of earned sick leave per benefit
year. In order to qualify for sick leave of three consecutive days
or more, the absence of an employee must be properly certified by
a medical professional, hospital or as set forth in the Borough's
Personnel Policy.
C. Sick leave may only be used for the purposes set forth
in the Law. Employees may carry over accrued but unused earned sick
leave benefits, except that the Borough, in its sole discretion, may
choose in the final month of a benefit year whether to offer an employee
a payout of unused sick leave time at the employee's then-prevailing
hourly base rate of pay, or permit the employee to carry over the
unused time to the next benefit year. Existing employees who commenced
employment prior to the effective date of this section shall not be
permitted to accrue more than a total of 1,260 hours (180 days) in
earned sick leave during their employment with the Borough. Employees
commencing employment on or after the effective date of this section
shall not be permitted to accrue more than a total of 420 hours (60
days) in earned sick leave during their employment with the Borough.
The Borough's complete earned sick leave policy is set forth in the
Borough's Personnel Policies Manual.
D. All
absences due to illness or disability shall be reported to his or
her department head or the Borough Administrator as per the Borough's
Personnel Policy.
E. This
section shall apply prospectively and shall not reduce any sick leave
that has accrued prior to adoption of the section. For existing employees
who commenced employment prior to the effective date of this section,
unused sick leave that has accrued in the employee's sick bank shall
be compensated as follows:
(1) Except as limited by Subsection
E(2) below, upon an employee's normal retirement or upon a disability retirement, the employee shall be compensated for accumulated sick leave by receiving 50% of such accumulated sick leave days, not to exceed the total of 90 days, multiplied by an amount computed on a daily rate basis with reference to annual salary at the time of retirement.
(2) For employees hired on or after May 21, 2010, the total amount to be paid for accumulated unused sick leave upon retirement as set forth in Subsection
E(1) shall be capped at $15,000 in accordance with P.L. 2010, c. 3.
F. An
employee commencing employment on or after the effective date of this
section shall not be entitled to payment for unused earned sick leave
that accrues after the effective date of this section upon the employee's
separation from employment with the Borough, whether through termination,
resignation, retirement or other reason.
G. When
a full-time Borough employee is injured in the line of duty, the Borough
Council may, pursuant to N.J.S.A. 40A:9-7, pass a resolution giving
the employee up to one year's leave of absence with pay. The total
benefits received as salary or for loss therefor by such employee,
other than privately paid insurance plans, shall not exceed such employee's
regular salary.
[Added 10-26-1994 by Ord. No. 1994:688; amended 4-9-2014 by Ord. No. 2014:1160]
A. The Borough will endeavor to bring employees with
temporary disabilities back on the job as soon as possible and may
assign transitional and/or light duty to employees who temporarily
cannot perform the essential functions of their positions because
of injury or illness. Transitional duty and/or light duty is not guaranteed
and will not exceed 45 workdays unless extended by the Mayor and Council
upon the recommendation of the Borough Administrator.
B. An employee requesting transitional and/or light duty
or the Workers Compensation Physician shall notify the Borough Administrator
as soon as the temporarily disabled employee is able to return to
work with restrictions. Transitional and/or light duty will only be
assigned if the employee will probably be able to perform the essential
functions of the position after the transitional and/or light duty
period. The Borough Administrator will consult with the department
head to determine if there is any meaningful work that can be performed
consistent with the restrictions. Transitional and/or light duty assignments
may be in any department and not just the employee's normal department.
The Borough Administrator will decide if it is in the best interest
of the Borough to approve a transitional and/or light duty request
and will notify the employee of the decision. The Borough reserves
the right to terminate the transitional and/or light duty assignment
at any time without cause.
C. Employees may not refuse transitional and/or light
duty assignments that are recommended by the Workers Compensation
Physician. In such cases, failure to report to work as directed shall
constitute immediate grounds for dismissal. If the employee believes
that the transitional and/or light duty assignment is beyond the employee's
abilities, the employee may request a meeting with the Borough Administrator
who will render a written response within 24 hours.
D. Employees on transitional and/or light duty will receive
their regular salaries and are prohibited from engaging in any outside
employment of any kind unless they receive prior written approval
from the Borough Administrator. If transitional and/or light duty
is approved, the employee or Workers Compensation Physician must keep
the Borough Administrator informed of the medical progress. (Employees
assigned to transitional and/or light duty will be allotted time off
to attend medical or physical therapy appointments but must request
leave time for any other reason.) If at the end of the transitional
and/or light duty period the employee is not able to return to work
without restrictions, the Borough reserves the right, at its sole
discretion, to extend the transitional and/or light duty or place
the employee back on workers' compensation or disability. This policy
does not affect an employee's rights under the Americans with Disabilities
Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the contagious or life-threatening illnesses policy or
other federal or state law.
[Amended 7-24-2019 by Ord. No. 2019:1255]
A. It is the policy of the Borough of Closter 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 or her associates and department head and to the public.
B. Whenever a Borough employee has a grievance, he or
she shall follow the multistep grievance procedure described more
fully in the Borough's Personnel Policies Manual.
The following procedure shall be followed with
respect to necessary expenses for conventions, seminars and business
or travel of employees of the Borough while on Borough business or
attending job improvement training:
A. No employee shall incur any expense on behalf of the
Borough for conventions, seminars and business or travel expenses
without first receiving the prior written approval of the Borough
Administrator.
[Amended 2-25-2009 by Ord. No. 2009:1026]
B. Upon returning from any convention, seminar or business
trip, the employee shall make a full oral report and, if required
by the department head, a written report thereof to the appropriate
board or department or the Mayor and Council.
C. All employees shall submit an itemized voucher for
all expenses incurred on any duly authorized trip to a convention,
seminar or on any other valid Borough business and shall thereupon
be reimbursed.
D. In the event that an employee's personal vehicle
is used for the conduct of Borough business, the employee may be eligible
for mileage reimbursement through the regular expense voucher process
at the New Jersey state rate in effect at that time.
[Added 8-10-1983 by Ord. No. 1983:456; amended 2-25-2009 by Ord. No. 2009:1026; 4-9-2014 by Ord. No. 2014:1160; 7-24-2019 by Ord. No. 2019:1255]
Day-to-day inquiries with respect to the provisions
of this article shall be directed to the Borough Administrator for
response.
[Adopted 9-13-1978 by Ord. No. 1978:338
(Art. II of Ch. 65 of the 1967 Code)]
[Amended 8-14-1996 by Ord. No. 1996:723]
A. Equal opportunity employment. It shall be the policy
of this Borough that equal opportunity of employment and advancement
in employment shall be based on merit and ability to perform without
regard to race, color, national origin, nationality, ancestry, creed/religion,
disability, sex, gender identity or expression, affectional or sexual
orientation, age, marital/domestic partnership/civil union status,
military service, genetic information, or any other trait or characteristic
protected by law. No arbitrary, unreasonable or artificial barrier
shall impede the employment or promotion of any person for any position.
[Amended 7-24-2019 by Ord. No. 2019:1255]
B. The Borough, in compliance with the Americans with
Disabilities Act and New Jersey Law Against Discrimination, does not discriminate against a person with a disability
in hiring or promotion if the person is otherwise qualified for the
job.
[Amended 7-24-2019 by Ord. No. 2019:1255]
C. Antisexual Harassment Policy. The Borough will not
tolerate any form of harassment and has adopted an Antisexual Harassment
Policy, Ordinance No. 1996:721.
D. Drug-free work environment; smoking.
(1) It is the policy of the Borough to maintain a drug-free
workplace in accordance with the Omnibus Transportation Employee Testing
Act of 1991. The Borough will not tolerate the use of alcohol, intoxicants
or illegal drugs at work. An employee found in possession of illegal
drugs, using illegal drugs and/or alcohol at work or under the influence
of illegal drugs and/or alcohol at work may be subject to immediate
termination, The Borough may require an employee to submit to a drug
test if it has reason to suspect alcohol or drug use on the job. The
Borough may require an employee who is addicted to alcohol or illegal
drugs to attend a drug or alcohol rehabilitation program as a condition
of continued employment. Failure to stay in such a program shall serve
as immediate grounds for termination of employment.
(2) Smoking is not permitted anywhere in the Municipal
Building or in any Borough-owned vehicle or equipment, and is permitted
outside of municipal and Borough-owned buildings on municipal property
only in such locations designated by the Borough.
[Amended 4-9-2014 by Ord.
No. 2014:1160; 7-24-2019 by Ord. No. 2019:1255]
E. Whistle-Blower Policy. No employee shall be subject
to discipline or retaliation for having complained or reported, in
good faith, about any activity, policy or practice that the employee
reasonably believes is in violation of a law, rule or regulation promulgated
pursuant to law. This policy shall adhere to and be administered in
accordance with the New Jersey "Whistle-Blower's Law," i.e., the New
Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1 et
seq.
[Amended 7-24-2019 by Ord. No. 2019:1255]
F. Catastrophic Illness Policy.
[Amended 2-25-2009 by Ord. No. 2009:1026]
(1) The Borough is committed to providing and maintaining
a healthy and safe work environment which allows all employees to
perform their jobs in a safe and productive manner. The Borough respects
the dignity and worth of every employee through its Equal Opportunity
Employment statement, which explains its policy and practice with
respect to prohibiting discrimination in every phase of employment.
(2) The Borough provides support for individual employees
who may be facing the trauma of a life-threatening or catastrophic
illness. The purpose of this policy is to support the physical and
emotional health of all employees and demonstrate the Borough's continued
commitment to its affirmative action goals related to physically and
mentally disabled employees.
[Amended 7-24-2019 by Ord. No. 2019:1255]
(3) Employees with such conditions who are otherwise qualified
and able to safely perform the essential functions of the job, with
or without reasonable accommodations, are assured equal employment
opportunities and reasonable accommodation in their employment, provided
that the condition is known to the Borough and the accommodation does
not impose an undue hardship upon the Borough. This has been and continues
to be the policy of the Borough.
[Amended 7-24-2019 by Ord. No. 2019:1255]
(4) If an employee is able to work, he or she is expected
to be productive. If the individual cannot work, then he or she may
be eligible for health and disability benefits.
(5) Consistent with the concern for employees with life-threatening
illnesses, the Borough offers the following range of resources available
through the Personnel Manager:
(a)
Employee education and information on terminal
illnesses and specific life-threatening illnesses.
(b)
Referral, to agencies and organizations which
offer supportive services for life-threatening illnesses.
(c)
Provide consultation in assisting employees
in efficiently managing health, leave and other benefits.
G. Workforce Reduction/Layoff Policy. Employment may
be terminated as a result of reduction in force. Terminations through
reductions in force will be determined on recommendation of the Council
Committee in charge of each department affected and final approval
of the governing body.
H. Notification of job openings. Every effort is made
to hire the best qualified people for municipal employment. Job openings
for full-time and part-time employees shall be posted on the bulletin
board of the Municipal Building and are advertised in local newspapers.
Preference is given to hiring and promoting employees from within
the Borough workforce. All applicants for positions of municipal employment
are required to fill out a job application form.
[Amended 7-24-2019 by Ord. No. 2019:1255]
I. Job description. As far as possible every job shall
have a job description. Such descriptions should include the following:
the name or title of the job or position; a description of the duties
to be performed; hours and work schedule; date on which appointment
is effective; name or title of the person to whom the appointee reports;
starting wage and salary; and requirements for the position in terms
of education, training and experience.
J. Disclaimer. Nothing contained in this section shall
be interpreted to mean that employees will only be terminated for
just cause or that a particular job shall remain available. This section
is a guide not a bargain for contract, and any employee should be
aware that it can be changed at any time without notice.
[Amended 7-24-2019 by Ord. No. 2019:1255]
Criteria for employment and promotion may be established requiring
a minimum educational or job experience attainment for certain jobs
or positions.
[Added 7-24-2019 by Ord. No. 2019:1255]
This Chapter
48 shall not apply to employees who are covered by a separate contractual agreement and/or rules and regulations, where and to the extent that same are inconsistent with this chapter.