Chapter 115 Personnel Policies

All employees appointed permanently to the classified service shall serve a probationary period of 90 days. At the expiration of the probationary period, the Township Committee may discontinue the service of any employee if, in the Township Committee'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 as not to merit continuance in the service of the Township. In every case, the Township Committee shall notify the employee in writing of the discontinuance and the reasons for the same, 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. Probationary status shall in no way affect the rights and status in the original or lower classification.

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 only for cause or for reason of economy, after proper notice and the opportunity to be heard, as set forth under the Civil Service Rules of the State of New Jersey.

§ 115-4 Promotions.

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

PROMOTION

An advancement in classification having:

New duties of greater difficulty or responsibility.

A salary range having 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 Township Committee, after consultation with the New Jersey Civil Service Department, finds that no employee is qualified for promotion to the vacancy, it may order an open competitive examination, open to candidates outside the Township's employ. In post-examination selection, the Township Committee 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 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, vacancies may be filled by a provisional promotion. A provisional promotion shall have a maximum duration of six months.

§ 115-5 Separation from service.

Types of separation. Classified 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, 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 of the Township government, the required reductions shall be made in such job classification or classifications as the Township may designate.

As determined by the Township Committee, employees shall be laid off in the reverse 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 employees.

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.

Employees enrolled in the Public Employees Retirement System of the State of New Jersey shall be subject to the requirements and provisions of that plan and shall be eligible to retire and receive benefits as provided therein.

Retired employees shall be entitled to health benefits in accordance with Resolution R87-22, adopted February 25, 1987, which adopted the provisions of Chapter 88, Public Laws of 1974, as amended, and the rules and regulations promulgated by the State Health Benefits Commission thereunder. A copy of said resolution is on file in the Township Clerk's office. Employees who commence employment on or after January 1, 2012, shall be required to be employed by and serve at least 25 years with the Township of Andover in order to be eligible for retiree health benefits in accordance with Resolution R87-22.

[Amended 5-14-2012 by Ord. No. 2012-06]

Resignation. An employee may resign from his position by tendering a written resignation to his department director who in turn shall forward it to the Township Committee.

Unless there are disciplinary charges pending against the employee, the Township Committee shall notify the employee in writing of acceptance of his resignation in good standing.

An employee shall give a minimum of 14 days' notice before the effective date of his resignation. Failure to do so may result in loss of vacation, sick and personal day credits. Oral resignation shall be considered to be binding, but not as a resignation in good standing.

Involuntary separation of full-time classified employees. In the event of the involuntary separation of a full-time classified 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 the 60 days for which notice is required to be given, except in cases of disciplinary dismissal for cause.

§ 115-6 Compensation.

Pay periods. The Township normally shall pay its employees on a biweekly payroll schedule, or a total of 26 times annually.

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 normally 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 for less than a full day or 1/260th of annual salary for a full day.

Compensation for overtime.

All employees entitled to receive overtime pay under the provisions of the Fair Labor Standards Act as amended shall be paid for such authorized overtime at the rate of 1 1/2 times their hourly rate for all overtime hours worked in excess of their regular forty-hour week.

Overtime pay shall be computed in accordance with the Fair Labor Standards Act as amended, the rules and regulations promulgated thereunder and the Civil Service and union contract.

No overtime shall be permitted unless prior approval is granted by the Township Committee or the persons delegated by the Township Committee to approve overtime.

The Township Committee in consultation with the Road Foreman or the Chief of Police may grant compensatory time off in lieu of overtime pay to employees under their supervision in accordance with the Fair Labor Standards Act as amended and the rules and regulations promulgated thereunder.

The Township Committee may, upon recommendation of the Administrator, grant compensatory time off in lieu of overtime pay to Township employees in accordance with the Fair Labor Standards Act as amended and the rules and regulations promulgated thereunder.

Salary increments. Salary increments may be granted to each employee effective January 1 of each year until the employee's salary has reached the maximum salary provided for his position title. No employee, however, shall be granted an annual salary increment until his department head has certified in writing to the Township Committee that during the past year the employee's performance and service were such as to be deserving of an increase, setting forth the basis for such conclusion. In the case of employees who will have served less than one full year as of January 1, the salary increase, if any, to be effective at that time shall be specified by the Township Committee at the time of employment.[1]

[1]

Editor's Note: Former Subsection F, Longevity, which followed this subsection, was repealed 9-26-2006 by Ord. No. 2006-22, which also provided: "All current employees who are not members of a collective bargaining unit and who had previously received longevity pay under § 115-6F shall receive a one-time increase in annual salary, effective January 1, 2007, equal to the amount of annual longevity pay most recently received by that employee plus an additional $250. Any employee who is not a member of a collective bargaining unit and who has not previously received a longevity payment (i.e., employees working five or less years for the Township) shall receive a one-time increase in annual salary in the amount of $250, effective January 1, 2007."

§ 115-7 Hours of work.

Regular workweek.

The normal workweek of the Township shall be a five-day week as follows:

Public works employees and police dispatchers: 40 hours per week.

All other employees not governed by collective bargaining agreements: 35 hours per week.

Employees governed by collective bargaining agreements: as per agreements.

It is recognized that the duties of certain employees require attendance at meetings scheduled outside regular work hours. The time spent at such meetings as part of the regular duties of the employee shall receive overtime pay under the provisions of the Fair Labor Standards Act as amended for all overtime hours worked in excess of their regular workweek. This provision does not govern full-time employees who are parties to collective bargaining agreement.

Emergency. A department head or committee liaison may require any officer or employee to be in attendance for work on any day that he determines that a public emergency so requires.

§ 115-8 Holidays and personal days.

Holidays.

Not applicable to Police Department and union contracts. Due to the emergency nature of work of the Police Department, the provisions of this section shall not be applicable to the members of that Department. Members of the Department of Public Works and public safety communication operators will be governed by their respective union contracts.

Paid holidays.

The following official holidays with pay shall be observed by the Township for permanent full-time employees:

[1]

New Year's Day.

[2]

Martin Luther King's Birthday Observance.

[3]

Presidents' Day Observance.

[4]

Good Friday.

[5]

Memorial Day Observance.

[6]

Independence Day.

[7]

Labor Day.

[8]

Columbus Day Observance.

[9]

General Election Day. (Office personnel may take another day in lieu of Election Day with the understanding that the time be taken within that calendar year.)

[10]

Veterans' Day.

[11]

Thanksgiving Day.

[12]

Friday after Thanksgiving.

[13]

Christmas Day.

[14]

Lincoln's Birthday.

[Added 11-28-2006 by Ord. No. 2006-25]

Permanent part-time employees shall be governed by Subsection E of this section. If a holiday falls on a Sunday, it shall be observed on the following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday.

Compensation for working on holidays. When it is necessary to require an employee to work on an official holiday, the Township Committee, in consultation with the department head, may approve the compensation of the employee at twice his hourly rate or may permit the employee to take two hours off as compensatory time with pay on a regular working day at a time approved by the department head for each hour worked on the holiday.

Not charged against vacation or sick leave. If an official holiday is observed during an employee's vacation, he shall be entitled to an additional vacation day, and if an official holiday occurs while an employee is on sick leave, he shall not have the holiday charged against his sick leave.

Holiday pay for part-time employees. All provisional and permanent part-time employees, who regularly work a consistent percentage of the regular and normal workweek, shall receive pay credit for the holiday on a proportionate basis, provided their work schedule would have included work time on that holiday. The following chart shall be used to compute pay credit for holidays:

	Holiday Leave Credits Prorated
	Percentage of Full- Time Position	Seven-Hours-Per-Day Position (Hours/Month)
	20	1.40
	25	1.75
	30	2.10
	40	2.80
	50	3.50
	60	4.20
	70	4.90
	75	5.25
	80	5.60
	90	6.30
	To calculate holiday leave credit for the year, multiply the appropriate (hours/month) figure times the number of holiday days in the year.

§ 115-9 Personal days.

Amount of personal leave.

All permanent, full-time employees of the Township whether in the classified or unclassified service, shall be granted three personal days during each calendar year.

During the employee's first year of employment with the Township, the employee shall earn one personal day for each four months of employment for a total of three days after 12 months of employment.

After the first year of employment, the employee will be granted three personal days each year.

Part-time employees. Permanent, part-time employees shall be eligible for personal leave on a prorated basis.

Accumulation. Accumulation of personal leave beyond that earned in any year shall not be permitted.

Personal leave upon separation. An employee who is retiring or who has otherwise separated in good standing shall be entitled to the personal leave allowance for the current year prorated upon the number of months working in the calendar year in which the separation or retirement becomes effective.

Compensation for working on holidays. Where it is necessary to maintain regular service which requires an employee to work on an official holiday, he shall be compensated by receiving twice his hourly rate or by being permitted to take two hours off as compensatory time with pay on a regular working day at a time approved by the appointing authority for each hour worked on the holiday.

Requirement for holiday pay. To be eligible to receive holiday pay an employee must work the regularly scheduled work day before the holiday and the regularly scheduled work day after the holiday, unless he has been excused by his supervisor or unless his supervisor is satisfied that his absence was justified.

§ 115-10 Vacations.

Amount of vacation leave. All permanent, full-time employees of the Township other than policemen working under a collective bargaining agreement, whether in the classified or unclassified service, shall be granted annual leave with pay for vacation purposes during each calendar year in accordance with the following schedule based on length of employment as of the 31st day of December of the preceding calendar year. If not defined by a collective bargaining agreement, the length of employment for policemen shall be calculated as of the preceding anniversary date of their original appointment.

	Length of Employment	Vacation Leave
	Up to one year of service	One working day for each month of employment.
	After one year and up to completion of five years of service	12 working days
	After five years and up to completion of 10 years of service	15 working days
	After 10 years and up to completion of 15 years of service	18 working days
	After 15 years and up to completion of 20 years of service	20 working days
	After completion of 20 years of service	Add one working day per year

Amount of vacation leave for part-time, temporary or provisional employees.

Permanent part-time employees shall be eligible for vacation leave on a prorated basis based upon the following chart:

Vacation Leave Credits
Prorated
Percentage of Full-Time	7 Hours/Day Position	12 Days/Year (1-5 Years)	15 Days/Year (5-15 Years)	20 Days/Year (15 Years*)
Hours	(Hours/Month)	(Hours/Year)	(Hours/Year)	(Hours/Year)
20	1.40	17	21	28
25	1.75	21	26	35
30	2.10	25	31.5	42
40	2.80	33.5	42	56
50	3.50	42	52.5	70
60	4.20	50.5	63	84
70	4.90	59	73.5	98
75	5.25	63	79	105
80	5.60	67	84	112
90	6.30	75.5	94.5	126
EXAMPLE: If a part-time employee works 40% of the normal seven-hour per day position (35 hours per week), that person shall be credited with vacation credit at a rate of 2.8 hours per month. For the first five this would be a total of 33.5 hours vacation credit per year.

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 January 1.

Accumulation. Accumulation of vacation leave beyond that earned in any year shall be permitted only wherein by reason of pressure of Township business, such vacation periods or parts thereof not granted shall accumulate and shall be granted during the next succeeding calendar year only.

Choice of time. Vacations shall be scheduled by the Township Committee so as to cause the least interference with the efficient conduct of the Township business. So far as possible, the preference of employees shall be accepted, with the preferences of those employees having seniority given first recognition. Where seniority is equal, determination shall be by lot. Subject to the approval of the Township Committee, vacation leave may be taken from time to time in units of full days.

Vacations leave due upon separation. An employee who is retiring or who has otherwise separated in good standing shall be entitled to the vacation allowance for the current year prorated upon the number of months working in the calendar year in which the separation or retirement becomes effective and any vacation leave which may have been carried over from the preceding calendar year.

§ 115-11 Leave of absence.

Sick leave.

As used in this subsection, "sick leave" shall mean paid leave that may be granted to each permanent classified or unclassified employee who through sickness or injury becomes incapacitated to a degree that makes it impossible or highly impractical for him to perform the duties of his position or who is quarantined by a physician because he has been exposed to a contiguous disease. Temporary employees shall not be eligible for sick leave.

Full-time employees shall accumulate sick leave on the basis of 15 days of sick leave per year. In the first year of employment, employees shall be entitled to one day of sick leave for each month of employment. After the first year of employment, employees shall be entitled to 1.25 days of sick leave for each month of employment.

Part-time permanent employees shall be eligible for sick leave on a prorated basis based on the following chart:

Sick Leave Credits Prorated
Percentage of Full-Time	7 Hours/Day Position	12 Days/Year (first year)	15 Days/Year
Position	(Hours/Month)	(Hours/Year)	(Hours/Year)
20	1.40	17	21
25	1.75	21	26
30	2.10	25	32.5
40	2.80	33.5	42
50	3.50	42	52.5
60	4.20	50.5	63
70	4.90	59	73.5
75	5.25	63	79
80	5.60	67	84
90	6.30	75.5	94.5
EXAMPLE: If a part-time employee works 40% of the normal seven-hour-per-day position (35 hours per week), that person shall be credited with sick leave at the rate of 2.8 hours per month. For every month of the first calendar year of employment this would be a total of 33.5 hours sick leave credit. For every year thereafter, a total of 42 hours per year should be credited.

Sick leave may be accumulated during each employee's length of service.

[Amended 7-23-2003 by Ord. No. 2003-13]

At the time of retirement or separation, the employee shall be entitled to a maximum payment of $15,000 computed at the rate of 1/2 day per full day of verifiable sick leave accumulated and not previously used. Any employee who, at the time of the adoption of this section, has accumulated sick leave that would entitle him/her to pay of above $15,000 if he/she were to retire or separate from employment with the Township as of the date of the adoption of this section shall be entitled to such amount in excess of $15,000 if he/she does not use the time before the date of actual retirement or separation. However, the amount to which such employee shall be entitled in excess of $15,000 shall not increase and can be no greater than said amount at the time of adoption of this section.

Annual buyback. Any employee who is not subject to a collectively negotiated agreement (“noncontractual employee”) shall be entitled to sell accumulated sick time back to the Township as provided herein. Any noncontractual employee may annually sell back to the Township any accrued unused sick time in his/her bank in excess of 75 days, in an amount not to exceed $5,000. A noncontractual employee(s) must maintain at least 75 days in his/her sick bank. Sick days sold back shall be compensated at a rate of 75% of the employee’s then-current per diem rate. Requests for sick time buyback must be submitted to the Administrator no later than September 1 of each year. If the request is accepted by the Township Committee, then payment shall be made on the first regular payday of November.

[Added 9-26-2006 by Ord. No. 2006-23]

Sick leave buyback upon retirement. An employee who is retiring and has filed his/her application with the State of New Jersey Division of Pensions and Benefits, who has submitted his/her intent to retire in writing to the governing body and intent has been confirmed by adoption of a resolution, may request a waiver of the seventy-five-day minimum requirement. Requests must be in writing to the Township Administrator upon adoption of the resolution accepting the application to retire with the amount not to exceed $5,000.

[Added 11-26-2012 by Ord. No. 2012-11]

Sick leave due upon separation. An employee who is retiring or who has otherwise separated in good standing shall be entitled to the sick allowance for the current year prorated upon the number of months working in the calendar year in which the separation or retirement becomes effective and any sick leave accumulated as per Subsection A(4).

(6)

Accumulated sick leave may be used by an employee for personal illness, illness in his immediate family (not to exceed five working days in one calendar year without the approval of the Township Committee), quarantine restrictions, or pregnancy or disabling injuries. The term "immediate family" is defined as father, mother, wife or husband and the employee's children, or any member of the immediate household.

(7)

When an employee is absent from work because of illness for more than one day, his supervisor may require an employee to submit a certificate from the employee's physician or the Township Physician relating to his illness. In the case of illness of a chronic or recurring nature causing an employee's repeated absence for periods of one day or less, his department director may require one medical certificate for every six-month period.

Death in immediate family. Each employee of the Township shall receive a leave of absence with pay for five consecutive days if there is a death in the employee's immediate family. "Immediate family" is defined as father, mother, wife or husband, the employee's children, brother, sister, grandparents, mother-in-law, father-in-law, brother-in-law and sister-in-law. "Five consecutive days off" is defined as five working days and shall not include nonworking days which fall within the five-day period immediately following the death. The working days which the employee takes off in the event of such death shall not be charged against the employee's accrued sick leave.

Special leave.

If an employee is unable to report to work due to a weather emergency or civil emergency, he may charge the time off to accrued vacation leave, personal leave or sick leave, provided that he properly notifies his supervisor of his inability to report to work

If an employee wishes to observe a religious or national holiday for which no regular holiday has been declared, he may charge the time off to accrued vacation, personal or sick leave, provided that he gives proper notification to his supervisor.

Leave of absence as result of injury in line of duty.

If a full-time employee is injured in the line of duty, the Township Committee 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. When such an action is taken, the employee shall not be charged any sick leave time for time lost due to such injury.

Prior to the passage of the resolution referred to in Subsection D(1), the employee shall agree in writing to reimburse the Township to the extent of any temporary disability benefits under workers' compensation he may receive as a result of the injury.

Prior to and as a condition of the Township Committee's grant of extended leave under this subsection, a Township-appointed physician must examine the employee and certify the injury or disability to the Township Committee.

Court leave and jury duty.

Court leave. Court leave is the authorized absence, without charge to leave and without loss of compensation, of an employee from official duty for attending court in a nonofficial capacity as a witness on behalf of the government. The court may be a state, federal, county or municipal court.

Appearance in court in connection with official Township business is considered normal duty time.

Appearance in court at the call of government when not job-connected is chargeable to court leave.

Appearance in court under other circumstances is a private matter chargeable to personal leave only.

Jury duty. An employee who is under proper summons from a court to serve on a jury shall be granted leave of absence with pay for the entire period regardless of the number of hours per day or days per week actually served on the jury during the period as per N.J.S.A. 2A:69-5.[1]

[1]

Editor's Note: Repealed by L. 1995, c. 44. See N.J.S.A. 2B:20-1 et seq.

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 who is required to engage in field training, shall be granted a military leave of absence with regular pay for the period of such training as is authorized by law. 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.

When a full-time or part-time permanent employee is called to active duty or inducted into the military or naval forces of the United States, he shall be granted an indefinite leave of absence without pay for the duration of such active military service, provided that he does not voluntarily extend such service. Each employee shall be reinstated without loss of privileges or seniority provided he reports for duty with the Township within 60 days following his honorable discharge from military service. He shall notify the Township of his intent to report for duty 30 days prior to his discharge from military service.

Leave without pay. Leave without pay may be granted to full-time or part-time permanent employees and to full-time unclassified employees. Normally, it shall be granted only when the employee has used his accumulated sick and vacation leave in the case of illness, or his vacation leave if leave without pay is requested for reasons other than illness. Written request for leave without pay shall be initiated by the employee and approved by the Township Committee, upon favorable recommendation of his department director. Such leave, except for military leave without pay, shall not be approved for a period of longer than six months at one time. The Township Committee may extend such leave for an additional six months or any portion thereof.

Requests for leave. A request for any type of leave shall be made on a form prescribed by the Township Committee. Such request, whenever possible, shall be made far enough in advance to permit approval, and at the same time to permit coverage for the particular employment so that municipal service shall not suffer. In the case of sick leave, the employee shall notify his supervisor immediately if he is unable to report for work.

§ 115-12 Benefits.

Hospitalization; medical surgical; major medical benefits insurance.

The Township shall provide medical and surgical benefits under the New Jersey State Health Benefits Plan for all employees whose normal workweek is 30 hours or more; provided, however, that all employees who are working 20 hours per week or more and are receiving benefits pursuant to the ordinance as it existed on November 21, 1995, shall continue to receive said benefits regardless of the hours they may be required to work.

The insurance coverage provided for herein shall extend to the spouse of an eligible employee and to an eligible employee's dependent, unmarried children as may be provided for in the policy in effect.

Retired employees are entitled to health benefits in accordance with § 115-5C(2).

All employees upon retirement or separation shall be covered by all benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended.

Dental plan; prescription; eye glasses/exam; deferred compensation plan; disability insurance. The Township shall provide a dental plan, prescription, eye glasses/exam, deferred compensation plan and disability insurance for all employees whose normal workweek is 30 hours or more; provided, however, that all employees who are working 20 hours per week or more and are receiving benefits pursuant to the ordinance as it existed on November 21, 1995, shall continue to receive said benefits regardless of the hours they may be required to work. If available, the deferred compensation plan and disability insurance plan are voluntary.

Educational incentive pay for employees. The Township will pay incentive pay to all employees for courses taken in accordance with the following policy:

The employee must have been employed by Andover Township for a minimum of 18 months, and there must be no letter of resignation on file.

Only courses which are job-related and which will further develop the employee's career with the Township will be eligible for reimbursement.

The courses must be approved by the Township Committee prior to attendance.

The yearly maximum amount allowable under this provision shall be $250 payable on or before December 15 and shall not be added to base pay.

In order to be eligible for reimbursement, proof must be produced that the course was completed and successfully passed.

(6)

Courses eligible to be included under these provisions shall be defined as a court consisting of 20 hours or more. Seminars and conferences shall be deemed to be ineligible under these provisions.

§ 115-13 Political activity.

Policy. It shall be the policy of the Township to appoint all employees, either classified or unclassified, without regard to political considerations. For the purposes of this section, Township employees are defined to include full-time, temporary probationary, seasonal or part-time personnel receiving an annual or hourly reimbursement for their services from the Township.

Prohibited political activities.

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

Township employees shall not make financial contributions for the purpose of supporting the nomination or the election of any person to public office or party position within the Township. No person holding a position of authority over an employee shall directly or indirectly invite, demand or accept payment or contribution from Township employees for campaign purposes.

Township 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. The Hatch Act restrictions shall apply only to political activity which is partisan.

Rights preserved. Nothing in this section shall be construed to prevent Township employees from becoming or continuing to be members of any political party, club or organization, provided that they do not serve as officers of such party, club or organization; attending political meetings; expressing their views on political matters outside of working hours and off Township property; circulating petitions on public questions; or voting with complete freedom in any election.

§ 115-14 Conflicts of interest.

Conflicts of interest prohibited. No officer of employee elected or appointed in the Township shall be interested, directly or indirectly, in any contract with the Township, or in the compensation for work done or for materials or supplies furnished to the Township or to any contractor or other person furnishing the same to the Township, 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.

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 therefor. Any officer or employee who knowingly permits 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 therefor.

§ 115-15 Outside employment.

Full-time employees in either the classified or unclassified service shall not accept outside employment or engage in outside business activities without the prior approval of the department head and the Township Committee. Applications for permission to accept outside employment shall be made in writing to the department director who shall forward the same to the Township Committee with his recommendation. The application shall set forth pertinent information concerning the type of activity to be engaged in, the name and address of the prospective employer, and the hours of such employment.

No application for permission to accept outside employment shall be approved by the Township Committee if in its judgment, there is any reasonable probability that such outside employment will interfere with the employee's performance or compromise the employees position with the Township through a conflict of interest or if such employment shall exceed 20 hours per week.

§ 115-16 Disciplinary actions.

Causes for disciplinary action. An employee who has acquired permanent status may be disciplined in accordance with civil service regulations, general law and this chapter. The causes for which disciplinary action may be invoked include, but are not limited to the following:

Neglect of duty.

Incompetency.

Inefficiency.

Incapacity due to mental or physical disability.

§ 115-20 Driver's license record check.

Insubordination.

(6)

Serious breach of discipline.

(7)

Intoxication while on duty.

(8)

Chronic or excessive absenteeism.

(9)

Disorderly conduct.

(10)

Immoral conduct.

(11)

Willful violation of any of the provisions of the civil service statutes, rules or regulations or other statutes relating to the employment of public employees.

(12)

Criminal conviction for any act or offense.

(13)

Negligent or willful damage to public property.

(14)

Negligent or willful waste of public supplies.

(15)

Conduct unbecoming an employee in the public service.

(16)

The use or attempted use of one's authority or official influence to control or modify the actions of a Township employee who is acting in accordance with his assigned duties.

(17)

Participation in any form of political activity during working hours.

Suspension. When in the opinion of the Township Committee an employee's performance or conduct justifies disciplinary action short of dismissal, the Township Committee may suspend or furlough the employee without pay or with reduced pay.

Right of appeal. An employee who is suspended, fined or demoted more than three times in any one year or who is suspended for more than five days at one time or for a period exceeding 15 days in aggregate in 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 Township Committee.

Unionized employees. Employees who are covered by the police labor contract shall be guided by the procedures outlined in their contract pertaining to disciplinary action.

§ 115-17 Personnel records.

The Township Clerk shall provide that adequate personnel records are maintained for each employee of the Township. Such records shall include dates of appointment and promotions, job titles, salaries, commendations, disciplinary actions, leave of any type taken and accumulated, merit ratings and any appropriate information. Upon written request to the Township Clerk, an employee may review his personnel file.

§ 115-18 Medical examinations.

The Township Committee may schedule medical examinations for all Township employees annually or more frequently if required.

§ 115-19 Surety bonds.

Required. Every officer or employee of the Township 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 to do so by the Township Committee 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 the Township Committee, binding him to the Township 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 such bond with sufficient surety and deliver the same to the Clerk, except that the Clerk shall deliver his bond to the Treasurer, before he enters upon the discharge of his duties of the office or employment.

Failure to obtain. If any officer or employee neglects to execute and deliver his bond as herein required within 30 days after due notification of his election or appointment, his office or position may be declared vacant by the Committee.

Form and requisites. In every case where any person is required by the laws of the state or by any ordinance of the Township 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 shall be paid by the Township. Each bond shall be approved by the Township 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.

Statement of policy. It is the policy of the Township of Andover that a driver's license record check shall be required for:

All full-time employees hired after the effective date of this chapter.

All employees who are required to operate Township-owned vehicles.

All members of the Township Fire Department.

Confidentiality. All information secured as a result of the driver's license record checks shall be confidential and shall be released only to appropriate officials of the Township of Andover involved in reviewing and acting on applications.

Procedure.

All applicants for employment within the Township of Andover shall complete the authorization for permitting the Township to obtain the motor vehicle record as well as any other information relevant to the employment of such applicant.

CRIMINAL HISTORY RECORD BACKGROUND CHECK

All information obtained herewith shall be provided to the members of the Andover Township Committee to be considered in connection with the application process.

§ 115-21 Criminal background checks.

[Added 11-30-2005 by Ord. No. 2005-25; amended 12-11-2006 by Ord. No. 2006-26; 2-26-2007 by Ord. No. 2007-1]

Definitions. As used in this section, the following terms shall have the meanings indicated:

A determination whether a person has a criminal record by cross-referencing that person's name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division, and the State Bureau of Identification of the Division of State Police.

DEPARTMENT

The Township of Andover Police Department.

VOLUNTEER

A person who has direct, nonsupervised and ongoing interaction in the course of his/her service with minors. This includes but is not limited to a coach, assistant coach and manager of a team.

YOUTH-SERVING ORGANIZATION

Any corporation, association or other organization which provides recreational, cultural, charitable and social activities for persons younger than 18 years of age.

Request for criminal background check; costs.

The Township requires that all employees and volunteers of a youth-serving organization, as a condition of utilizing Township facilities, request through the Department that the State Bureau of Identification in the Division of State Police conduct a criminal history record background check on each prospective and current employee or volunteer of the organization.

The Division of State Police shall inform the Department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense as specified in Subsection C of this section.

The Township shall conduct a criminal history record background check only upon receipt of the written consent to the check from the prospective or current employee or volunteer.

The organization shall bear the costs associated with conducting criminal history background checks in accordance with the fees established by the State Bureau of Investigation in the Division of State Police.

Conditions under which person is disqualified from service. A person may be disqualified from serving as an employee or volunteer of a nonprofit youth-serving organization if that person's criminal history record background check reveals a record of conviction of any of the following crimes and offenses:

In New Jersey, any crime or disorderly persons offense:

Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq. or N.J.S.A. 2C:15-1 et seq.

Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:1.4-1 et seq.

Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes.

(d)

Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes, except Paragraph (A) of Subsection A of N.J.S.A. 2C:35-10.

In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in Subsection C(1) of this section.

Submissions; exchange of background check information.

Prospective or current employees and volunteers of youth-serving organizations shall submit their name, address, fingerprints and written consent to the organization for the criminal history record background check to be performed. The organization shall submit this documentation to the Andover Township Chief of Police, who shall coordinate the background check.

The Department shall act as a clearinghouse for the collection and dissemination of information obtained as a result of conducting criminal history record background checks pursuant to this section.

Nothing in this chapter shall restrict a prospective or current employee or volunteer of a youth-serving organization from participating in such organization once the background check information has been submitted to the State Police and prior to the Township receiving the results of said background check.

The Chief of Police or his designee shall coordinate a criminal history record background check every three years after the initial check is performed.

Limitations on access and use of criminal history record information.

Access to criminal history record information for noncriminal justice purposes, including licensing and employment, is restricted to authorized personnel of the youth serving organization, on a need-to-know basis, as authorized by federal or state statute, rule or regulation, executive order, administrative code, local ordinance or resolution regarding obtaining and dissemination of criminal history record information obtained under this section.

Such persons or organizations shall limit their use of criminal history record information solely to the authorized purpose for which it was obtained, and criminal history record information furnished shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. Use of this record shall be limited solely to the authorized purpose for which it was given, and it shall not be disseminated to any unauthorized person. This record shall be destroyed immediately after it has served its intended and authorized purpose. Any person violating the federal or state regulations governing access to criminal history record information may be subject to criminal and/or civil penalties.

Employee or volunteer may challenge accuracy of report. If this criminal history record may disqualify an applicant for any purpose, the person making the determination shall provide the applicant with an opportunity to complete and challenge the accuracy of the information contained in the criminal history record. The applicant shall be afforded a reasonable period of time, not to exceed 30 days, in which to correct and complete this record. A person is not presumed guilty of any charges or arrests for which there are no final dispositions indicated on the record.

Evidence of affirmative rehabilitation. Notwithstanding anything herein to the contrary, if such prospective employee's or volunteer's criminal history record background check reveals a disqualifying offense, but such person has affirmatively demonstrated rehabilitation, such rehabilitation may be considered as a factor in the determination of whether or not to disqualify such individual from service.

Exemptions. The Township shall only permit the following exemptions under this chapter:

Any person who, by virtue of his or her occupation, is required by statute to undergo a federal and state criminal history record background check similar in nature to the requirements contained herein, and who can provide proof of the results of such background check, is exempt from the requirement hereunder until three years have elapsed since the most current background check.