Township of Hillside, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Hillside 12-21-1971 as Ch. V of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
Attorney — See Ch. 8.
Clerk — See Ch. 16.
Engineer — See Ch. 29.
Physician — See Ch. 75.
Police Department — See Ch. 78.
Department of Public Works — See Ch. 82.
Recreation Department — See Ch. 89.
Personnel — See Ch. 355.
LABOR CONTRACT PROVISIONS
Current labor agreements are on file in the Township offices. Where inconsistencies exist between this chapter and the agreements, the terms of the labor agreements prevail.
The New Jersey State Civil Service Law[1] and the Civil Service Rules of the State of New Jersey applicable to municipalities provide the basic framework for employment in the Township government. This chapter and all its provisions shall at all times be subject to the Civil Service Rules of the State of New Jersey, which prescribe basic minimum standards. To the extent that this chapter should at any time and in every particular provide standards lower than those embodied in the Civil Service Rules of the State of New Jersey, the latter rules shall be deemed applicable. To the extent that the provisions of this chapter contain benefits or provisions more liberal than the minimum requirements of the Civil Service Rules of the State of New Jersey, the provisions of this chapter shall control.
[1]
Editor's Note: See Title 11A of the New Jersey Statutes.
A. 
Basis for original appointment. Original appointments to vacancies in Township service shall be based on merit, fitness and ability, which shall be determined by competitive examinations insofar as practicable and shall be in accordance with the Civil Service Rules of the State of New Jersey. Except as otherwise provided by law, preference in appointments among duly qualified applicants shall be given to bona fide residents of the Township.
[Amended 12-3-1974 by Ord. No. G-55-74; 10-21-1980 by Ord. No. G-188-80]
B. 
Temporary appointments. In the absence of an appropriate list or for the filling of temporary or seasonal positions, or temporarily in the case of emergencies, vacancies may be filled by temporary appointments by the appointing authority. Such temporary appointments shall have a maximum duration of four months.
C. 
Provisional appointments. Pending the establishment of an appropriate eligible list, vacancies in permanent positions may be filled by provisional appointments. Such appointments shall continue only until an appropriate eligible list is established. Such provisional employees shall possess minimum qualifications established for the vacant position.
A. 
Any job applicant may be required to submit to a physical examination by the Township Physician or a designated alternate. Psychological or psychiatric examinations by a psychologist or psychiatrist designated by the Township may also be required.
B. 
It shall be a condition precedent to employment by the Township of Hillside that all persons hired by the Township of Hillside shall be fingerprinted by the Police Department.
[Added 6-15-1976 by Ord. No. G-99-76]
C. 
This section shall be applicable to all persons to be employed, regardless of the source of payment for said person's salary or the source of the recommendation for said person's employment.
[Added 6-15-1976 by Ord. No. G-99-76]
A. 
All employees appointed permanently to the classified service shall serve a probationary period of 90 days. At the expiration of the probationary period, the appointing authority may discontinue the service of any such employee if, in the appointing authority'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 appointing authority shall notify the employee, in writing, of the discontinuance and of 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.
B. 
A ninety-day probationary period shall also apply to an employee promoted to a higher classification. Such probationary status shall in no way affect the rights and status in the original or lower classification.
C. 
Each new police officer shall be required to satisfactorily complete a basic police training program recognized by the New Jersey Police Training Commission during the first year and prior to receiving a permanent appointment. For entry level law enforcement officers, the working test period is be to 12 months from graduation from the Police Academy. The working test (probationary) period for entry level law enforcement officers is to be as provided in the Police Department Rules and Regulations.
[Amended 10-21-2003]
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 by the appointing authority 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.
[Added 12-3-1974 by Ord. No. G-55-74; amended 7-15-1975 by Ord. No. G-67-75; 4-4-1978 by Ord. No. G-118-78; 10-7-1980 by Ord. No. G-186-80; 6-8-1982 by Ord. No. G-216-82; 8-3-1982 by Ord. No. G-219-82]
A. 
All officers and employees of the Township hereinafter to be employed by the Township, except seasonal employees as approved by the Township Council and police officers and fire fighters, are hereby required as a condition of their employment to have their place of abode in the Township and to be bona fide residents therein, except as otherwise provided by this section and the statutes of the State of New Jersey. A "bona fide resident" for the purpose of this section is a person having a permanent domicile within the Township and one which has not been adopted with the intention of again taking up or claiming a previous residence acquired outside of the Township limits. All officers and employees of the Township hereafter to be employed by the Township shall furnish proof of residency to the Township on forms provided by the Township.
[Amended 10-21-2003]
B. 
All nonresidents appointed to positions or employments subsequent to the effective date hereof shall become bona fide residents of the Township within one year of their appointment.
C. 
Whenever the Township Council shall determine that there cannot be recruited a sufficient number of qualified residents for available specific positions or employments, it shall advertise for other qualified applicants and classify all qualified applicants for such positions or employments pursuant to N.J.S.A. 40A:9-1.6.
D. 
Whenever the Township Council shall determine that there are certain specific positions and employments requiring special talents or skills which are necessary for the operations of the Township which are not likely to be found among the residents of the Township, such positions or employments so determined shall be filled without reference to residency. Said positions and employments shall be determined by the Township Council based upon educational background, professional qualifications and experience.
[Added 3-18-1980 by Ord. No. G-180-80]
All job applicants shall be able to read, write and speak the English language well and intelligently. Applicants shall be of good moral character and shall not have been convicted of any crime involving moral turpitude.
A. 
Definitions. As used in this chapter, "promotion" shall mean an advancement in classification having:
(1) 
New duties of greater difficulty or responsibility.
(2) 
A salary range having a greater maximum.
B. 
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.
C. 
Permanent promotions.
(1) 
Vacancies shall be filled by utilizing competitive promotional examinations in accordance with the Civil Service Rules of the State of New Jersey.
(2) 
Where the appointing authority, after consultation with the New Jersey Civil Service Department, finds that no employee is qualified for promotion to the vacancy, he may order an open competitive examination, open to candidates outside the Township's employ. In postexamination selection, the appointing authority shall give appropriate consideration to the applicant's qualifications, record of past performance and the length and quality of his service.
(3) 
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.
D. 
Provisional promotions. Pending the availability of a suitable eligibility list, the appointing authority may fill vacancies by a provisional promotion.
A. 
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.
B. 
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 appointing authority, employees shall be laid off in the inverse 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.
C. 
Retirement.
(1) 
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.
(2) 
Employees shall be eligible to retire with full benefits at age 60 and with reduced benefits at any age after 25 years of service.[1]
[1]
Editor's Note: Original Sec. 5-4.3c, which immediately followed this subsection and dealt with mandatory retirement, was deleted 10-21-2003.
(3) 
Police officers shall be eligible to retire with full benefits at age 51, provided that they have contributed 25 years of service.
(4) 
Retirement from the municipal service shall be mandatory for firemen and police officers at age 65, except for a person holding the position of Police or Fire Chief, who may be retained until he reaches the age of 70. Any provisions which conflict with the Age Discrimination in Employment Act and any guidelines put forth by the Secretary of Labor and the Equal Employment Opportunity Commission shall be void.
[Amended 10-21-2003]
D. 
Resignation. 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 Council. Unless there are disciplinary charges pending against the employee, the Township Council shall notify the employee, in writing, of acceptance of his resignation in good standing. An employee shall give a minimum of two weeks' notice before the effective date of his resignation. Failure to do so may result in loss of vacation and sick credits. Oral resignation shall be considered as binding but not as being a resignation in good standing.
E. 
Involuntary separation of full-time unclassified employees. In the event of the involuntary separation of a full-time unclassified employee, the employee shall receive 60 days' notice, including accumulated vacation leave, or shall be compensated at the rate of one day's wages for each day less than the 60 for which notice is required to be given, except in cases of disciplinary dismissal for cause. This subsection shall not apply to part-time or full-time unclassified employees who are employed or appointed for fixed terms.
[Added 11-15-1976 by Ord. No. G-105-76]
F. 
Severance or termination pay for members of the Police and Fire Departments.
[Added 12-2-1975 by Ord. No. G-79-75]
(1) 
Any member or his estate of the Police or Fire Departments of the Township of Hillside employed in a full-time capacity as a member of said Police or Fire Departments upon honorably terminating his said employment or upon retiring from said employment by reason of age and length of service or by reason of disability or death of said member shall be entitled to severance or termination of employment pay as hereinafter provided.
(2) 
The aforesaid severance or termination of employment pay shall be calculated on the basis of one day's pay for each year of full-time service as such member, said rate of pay being based upon the highest rate of compensation received in said capacity for a three-year period immediately prior to said member's terminating his employment or retiring therefrom.
(3) 
Any member, other than by reason of death, in order to qualify for the benefits provided for in this subsection, shall serve upon the Chief of his Department written notice of the intention of said member to terminate said employment or to retire therefrom. Such written notice must be served as provided herein at least one month prior to the effective date of said resignation or retirement.
(4) 
Nothing herein contained shall be construed to limit any or all other benefits to which any member of said Police or Fire Department might otherwise be entitled under any present rule, regulation, resolution, ordinance or statute.
(5) 
Members shall be eligible to apply for the benefits provided for in this subsection after having served in a full-time capacity for at least one year as such member.
A. 
Pay periods. The Township normally shall pay its employees on a biweekly payroll schedule, that is once in every two weeks or a total of 26 times annually. In order to avoid the possibility of a year in which 27 pay days could occur, adjustment may be made as to the particular day of the week in which pay is received.
B. 
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 1/260 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.
C. 
Deductions for leave without pay. Deductions in salary for leave without pay shall be computed on the basis of hourly rate.
D. 
Compensation for overtime.
[Amended 12-16-1975 by Ord. No. G-81-75; 8-3-1976 by Ord. No. G-101-76; 7-11-2006]
(1) 
Overtime employment shall consist of any time worked in excess of those hours fixed for each position by resolution adopted by the Township Council on July 6, 1976, as amended from time to time. All overtime worked shall be paid at the rate of time and 1/2 the regular hourly rate of pay as that term is defined by the laws and regulations of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., (hereinafter referred to as the "FLSA").
(2) 
Overtime shall be paid only if such overtime was preapproved by the department head, the Mayor, or a member of the Township Finance Committee. The only exception to the preapproval requirement is in the case of an emergency within the meaning of N.J.S.A. 40:47A-1.1, in which case the employee must obtain approval by both the department head and the Mayor within 48 hours of the commencement of the overtime worked. If no emergency existed, the overtime may be disapproved.
(3) 
If the employee so elects, overtime may be taken in the form of compensatory time credit, subject to the same preapproval as overtime, on an hour-for-hour basis. No municipal employee shall take time off from their work by using the accumulated compensatory time without the prior approval of the municipal employee’s department head or immediate supervisor. Such approval of use of accumulated compensatory time may not be unreasonably withheld provided that the employee’s absence does not unduly disrupt the operations of the Township.
(4) 
Police and fire fighters entitled to receive overtime pay under this subsection are permitted to accumulate up to 480 hours of compensatory time earned under the requirements of the FLSA. All other employees entitled to receive overtime pay under this subsection are permitted to accumulate up to 240 hours of compensatory time earned under the requirements of the FLSA.
(5) 
Any employee who elects to receive compensatory time in lieu of overtime pay waives all rights to cash payment for those overtime hours worked.
(6) 
Employees requesting to use accumulated compensatory time will be permitted to use such time within a reasonable period, which is hereby defined to mean 180 days of accumulation of such compensatory time credit. A one-time extension of 60 days on the expiration date of compensatory credit may be given for the good of the Township, on a case-by-case basis, by the Mayor.
(7) 
An employee who has accrued compensatory time off authorized to be provided under this subsection shall, upon termination of employment, be paid for the unused compensatory time at a rate of compensation not less than: a) the average regular rate received by such employee during the last three years of the employee’s employment, as defined by the rules and regulations of the FLSA; or b) the final regular rate received by such employee, whichever is higher.
(8) 
All department heads are responsible for notifying both the Mayor and the Township Finance Committee, in writing on a weekly basis, of all overtime they have authorized to be worked by employees within their respective departments. Either the Mayor or the Township Finance Committee may, when deemed appropriate, fix a different reporting period for any department from time to time.
(9) 
Whereas department heads and acting department heads are exempt employees performing an executive function, all meeting the salary requirements of the FLSA, they are not entitled to receive overtime or compensatory time under the FLSA.
(10) 
All employee handbooks and policy manuals having requirements for overtime and/or compensatory time are hereby deemed amended to incorporate the provisions of this subsection. Where there is any conflict between this subsection and such handbooks or manuals, this subsection’s requirements shall control.
(11) 
This subsection is not meant to supersede any lawful provision of any collective bargaining agreement, provided that any provision of such collective bargaining agreement that lawfully can be changed unilaterally under the New Jersey Employer-Employees Relations Act, N.J.S.A. 34:13A-1 et seq. (the "Act"), hereby is deemed changed to meet the requirements of this subsection to the extent permissible under the Act.
E. 
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 shall be granted an annual salary increment if his department head has certified, in writing, to the appointing authority that during the past year the employee's performance and service were not such as to make him deserving of an increase, setting forth the basis for such conclusion.
F. 
Longevity pay program.
(1) 
There shall be established for the officers and employees of the Township a longevity pay program in the manner prescribed in this subsection.
(2) 
The base salary of each officer and employee for purposes of calculating his longevity pay shall be fixed and determined by ordinance or resolution adopted by the Township Council, such base salary to be effective January 1 of each year.
(3) 
The service status of each officer and employee with respect to his longevity pay shall be determined by his anniversary date of appointment as an employee of the Township.
(4) 
Each officer and employee who, on the determining date, has had more than five years but less than 10 years of continuous employment in a full-time capacity shall be entitled to a longevity pay of 2% of his base salary as of the determining date.
(5) 
Each officer and employee who, on the determining date, has had more than 10 years but less than 15 years of continuous employment in a full-time capacity shall be entitled to a longevity pay of 4% of his base salary as of the determining date.
(6) 
Each officer and employee who, on the determining date, has had more than 15 years but less than 20 years of continuous employment in a full-time capacity shall be entitled to a longevity pay of 6% of his base salary as of the determining date.
(7) 
Each officer and employee who, on the determining date, has had more than 20 years of continuous employment in a full-time capacity shall be entitled to a longevity pay of 8% of his salary as of the determining date.
(8) 
Each officer and employee who, on the determining date, has had more than 22 years of continuous employment in a full-time capacity shall be entitled to a longevity pay of 14% of his salary as of the determining date.
[Amended 2000]
(9) 
In the event of a change of base salary during the calendar year as may be fixed and determined by the Township Council, the new base salary shall be used for purposes of calculating the longevity pay from the effective date of the base salary change.
(10) 
Additional compensation paid to employees for assignments, such as inspector of the Bureau of Combustibles, Detective Bureau, court clerk and the like shall not be included for the purposes of determining longevity pay.
(11) 
Such salaries shall be paid in equal biweekly installments to the officers and employees of the Township as of the effective date of eligibility under the longevity pay program.
(12) 
If any officer or employee dies, resigns or is dismissed during the current year, the person selected to fill his position or office shall receive such salary for the balance of the year as may be determined by resolution of the Township Council.
(13) 
Each officer and employee employed in a continuous full-time capacity who has previously been employed in a continuous part-time capacity shall, for the purposes of calculating longevity pay, be entitled to one year credit towards longevity for every two years so employed on a part-time basis.
[Added 12-18-1973 by Ord. No. G-26-73; amended 4-17-1979 by Ord. No. G-146-79]
(14) 
Each officer and employee employed in a continuous part-time capacity who has previously been employed in a continuous full-time capacity shall, for the purposes of calculating longevity pay, be entitled to one year credit towards longevity for every two years so employed on a part-time basis.
[Added 4-17-1979 by Ord. No. G-146-79]
(15) 
"Part-time employment" shall mean employment for regular hours of duty which are less than the regular and normal workweek for that class or agency, provided that the regular hours of duty of the part-time employee are a minimum of 50% of the regular and normal workweek for that class or agency.
[Added 4-17-1979 by Ord. No. G-146-79]
(16) 
Temporary and provisional employees are specifically excluded from the provisions of this subsection.
[Added 4-17-1979 by Ord. No. G-146-79]
A. 
Regular workweek. The normal workweek of the Township shall be as prescribed by the Township Council for each department. It is recognized that the duties of certain employees require attendance at evening meetings and the like and time spent at such meetings as part of the regular duties of the employee shall not constitute overtime.
B. 
Emergencies. A department head may require any officer or employee to be in attendance for work on any day whenever he determines that a public exigency or emergency so requires.
A. 
Not applicable to Police and Fire Departments. Due to the emergency nature of the work of the Police and Fire Departments, the provisions of this section shall not be applicable to the members of those Departments.
B. 
Paid holidays.
[Amended 2-7-1984 by Ord. No. G-235-84]
(1) 
The following official holidays with pay shall be observed by the Township:
New Year's Day
Martin Luther King's Birthday
Lincoln's Birthday
Washington's Birthday
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans' Day
General Election Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
(2) 
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.
C. 
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 that holiday charged against his sick leave.
[Amended 12-17-1974 by Ord. No. G-57-74]
The provisions of Subsections A through D shall apply to all full-time employees of the Township whether in the classified or unclassified service, except members of the Police and Fire Departments, who shall be governed by the provisions of Subsection E, and provided that the contract provisions as to vacations in a labor management contract between the Township and the employees of any department shall prevail and supersede the provisions hereof.
A. 
Amount of vacation leave.
[Amended 2000]
(1) 
All full-time employees of the Township, whether in the classified or unclassified service, except members of the Police and Fire Departments, 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 December 31 of the preceding calendar year:
Period of Service
(years)
Paid Vacation
(working days)
Less than 1
1 for each full month of employment (to be taken effective January 1 of the following year)
1 to 3
12
3 to 7
15
7 to 11
17
11 to 15
19
15 and over
21
(2) 
In determining length of service for this purpose, the total years of continuous service of each employee in all capacities shall be added.
B. 
Accumulation. All vacation credits to which an employee becomes entitled shall expire on December 31 of the year in which the credits have become due. If an employee fails or neglects to accept the vacation credits, he shall be deemed to have waived any right which he may have in the same; however, where an employee is unable to take his full vacation prior to December 31 of the year in which the credits have become due because of work requirements of the department, such vacation may be granted during the first six months of the ensuing year by the Township Council at such time as the Township Council may grant by resolution.
[Amended 2-17-1976 by Ord. No. G-90-76]
C. 
Choice of time. Vacations shall be scheduled by the department 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.
D. 
Termination of employment. At the time of separation from service, the employee shall be entitled to any vacation leave accumulated and not previously used. Upon termination of employment, all employees covered by this section shall be compensated one day's pay at straight time for each year of employment with the Township commencing January 1, 1976, provided that said employee shall have been employed by the Township for no less than three years, which three-year period may for the purpose of determining eligibility predate January 1, 1976.
[Amended 8-3-1976 by Ord. No. G-101-76]
E. 
Members of Police and Fire Departments. This subsection shall govern members of the Police and Fire Departments only with respect to annual paid vacation leave.
(1) 
The status of each member with respect to his vacation credits shall be fixed and determined as of the anniversary date of his appointment in the year in which the right to vacation leave becomes due, provided that if a member commences his vacation prior to the anniversary date of his appointment in the year in which the right to vacation leave becomes due, then the status of his vacation credits shall be fixed and determined as of the anniversary date of his appointment in the year immediately preceding the year in which the right to the vacation leave becomes due.
(2) 
The vacation period herein authorized shall include all calendar days, including Saturdays, Sundays and holidays.
(3) 
No one who is presently a member, whether temporary or permanent, of the Police or Fire Departments shall, notwithstanding anything herein contained, receive hereafter a shorter vacation period than he is now entitled to receive under any present rule, regulation, resolution, ordinance or statute.
(4) 
Except as herein expressly provided to the contrary, the following shall constitute the vacation leave, with pay, of the members of the Police and Fire Departments:
(a) 
All members who have had less than one year of continuous employment in a full-time capacity shall be entitled to a vacation period of the same number of days as the number of full calendar months worked, but in no case to exceed 10 days.
(b) 
All members who, on the determining date, have had one year or more but less than three years of continuous employment in a full-time capacity shall be entitled to a vacation period of 14 days.
(c) 
All members who, on the determining date, have had three years or more but less than five years of continuous employment in a full-time capacity shall be entitled to a vacation period of 17 days.
(d) 
All members who, on the determining date, have had more than five years but less than 10 years of continuous employment in a full-time capacity shall be entitled to a vacation period of 21 days.
(e) 
All members who, on the determining date, have had 10 years or more but less than 15 years of continuous employment in a full-time capacity shall be entitled to a vacation period of 25 days.
(f) 
All members who, on the determining date, have had 15 years or more of continuous employment in a full-time capacity shall be entitled to a vacation period of 30 days.
(5) 
Subject to the provisions of Subsection E(8) below, all vacation credits to which a member becomes entitled under the provisions hereof shall expire on December 31 in the year in which such credits become due. If a member fails or neglects to accept the vacation credits, he shall be deemed to have waived any right which he may have in the same.
(6) 
For the purposes of this subsection, the time during which such member may accept his vacation credits shall commence on January 1 and shall terminate on December 31 of each year. The vacation period shall consist of consecutive calendar days. Not later than December 31 of each year, the Chiefs of the Police and Fire Departments shall designate the number and classification of members of their respective Departments with respect to their vacation credits according to the classifications established in Subsection E(4) and (9) herein.
(7) 
The choice of selection of vacation periods shall be based on seniority under permanent status. Members of equal seniority or length of service shall select their vacation periods by lot. In the year following, the member holding the most favorable position by such lot shall receive the least favorable position; the member holding the next most favorable position shall thereupon be entitled to the most favorable position, the same procedure to be followed with all such members of equal seniority or length of service. A similar rotation shall take place in the following and all subsequent years to the end that each such member with equal seniority or length of service with other members shall in turn obtain the most favorable position.
(8) 
In the event of the termination of employment other than by death, there shall be forthwith paid to the member terminating such employment, or in the event of the death of any member there shall be forthwith paid to his estate, a sum equivalent to the pay for all vacation periods earned. In such event, vacation periods earned shall be computed as follows: The vacation credit determined as of the anniversary date in accordance with the foregoing schedule and not yet enjoyed shall be paid in full. In addition thereto a further vacation credit to be determined as of the date of termination of employment shall be allowed pro rata for such part of the year in which employment terminated as if the member continued in his employment. No member shall be entitled to the benefits provided in this subsection unless he has been such member for any two-month period.
(9) 
All members entitled to a vacation of 21 or more days shall have the option of dividing their vacations into two parts.
F. 
Prior approval required. No municipal employee shall take vacation leave without first obtaining the approval of his department head or immediate supervisor if there is no department head.
[Amended 7-15-1975 by Ord. No. G-68-75]
G. 
Personal days.
[Added 8-3-1976 by Ord. No. G-101-76]
(1) 
The provision of this subsection shall apply to all full-time employees of the Township whether in the classified or unclassified service, except members of the Police Department and Fire Department, who shall be governed by the provision of Subsection E.
(2) 
All employees except as indicated in Subsection G(1) shall be granted two personal days to be taken at any time during the calendar year with advance permission of that employee's department head. Such personal days shall be used for religious holiday purposes.
[Amended 2000]
A. 
Sick leave, employees other than police and firefighters.
[Amended 7-2-1974 by Ord. No. G-45-74; 12-16-1975 by Ord. No. G-82-75]
(1) 
As used in this subsection, "sick leave" shall mean paid leave that may be granted to each full-time classified and full-time 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 contagious disease.
(2) 
Full-time employees shall accumulate sick leave on the basis of 17 days of sick leave per year. In the first calendar year of employment, employees shall be entitled to one day of sick leave for each month of employment.
[Amended 9-4-1984 by Ord. No. G-240-84]
(3) 
Sick leave may be accumulated without limit during each employees' length of service. Upon termination of employment, an employee will be entitled upon application to the Township Treasurer to a cash reimbursement based on his then daily rate of pay on the basis of one day's pay (straight time) for every three days of sick leave accumulated as of the day of termination. The employee must notify the Township Treasurer at least one month prior to his termination of his intention to make application of this benefit. In the event that the employee does not so apply, he shall be deemed to have waived his right to this benefit. The reimbursement provision of this agreement shall not be applicable to the Police Department or Fire Department employees.
(4) 
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 Council), quarantine restrictions, pregnancy or disabling injuries. The term "immediate family" shall mean and refer only to the employee's spouse, child, parent or unmarried brother or sister or any member of the immediate household.
(5) 
When an employee is absent from work because of illness for more than one day, his supervisor or the Township Council may require the 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 periodic or repeated absence for one day or less, his department director may require one medical certificate for every six-month period.
(6) 
Notwithstanding the provisions of this subsection or any other provision of this chapter to the contrary, the following shall govern the employees of the Department of Public Works, except where expressly indicated otherwise:
(a) 
If an employee is ill and unable to report for work, he or someone on his behalf shall notify the Superintendent or foreman at least 1/2 hour before starting time. If an employee is absent for five consecutive working days without permission because he failed to contact the Superintendent, he shall be considered to have resigned from his job in accordance with civil service rules and regulations. When sick leave is improperly used, the employee is guilty of fraud against the appointing authority and is subject to disciplinary measures. A supporting certificate of a physician may be required by any member of the Township Council, personnel director, Superintendent or foreman of the Department of Public Works for any period of absence due to illness depending upon the record of the employee and the circumstances of his request. The Township Council member, personnel director, Public Works Superintendent or foremen of the Department of Public Works may order the employee to be examined by the Township Physician.
(b) 
All employees on permanent, provisional or temporary status paid on an annual basis shall be permitted to accrue one working day for sick leave for each full month of service during the first calendar year of employment and on January 1 of every year thereafter 17 working days for each calendar year.
[Amended 9-4-1984 by Ord. No. G-240-84]
(c) 
Sick leave shall, in addition to the above subsections, be governed by municipal ordinances and civil service rules and regulations.
(7) 
If an employee is ill and unable to report for work, he or someone on his behalf shall notify his immediate supervisor at least 1/2 hour before starting time. If an employee is absent for five consecutive working days without permission because he failed to contact his immediate supervisor, he shall be considered to have resigned from his job in accordance with civil service rules and regulations. When sick leave is improperly used, the employee is guilty of fraud against the appointing authority and is subject to disciplinary measures. A supporting certificate of a physician may be required by any member of the Township Council, personnel director, department head or supervisor for any period of absence due to illness depending upon the record of the employee and the circumstances of his request. The Township Council member, personnel director, department head or supervisor may order the employee to be examined by the Township Physician.
[Added 7-15-1975 by Ord. No. G-68-75]
B. 
Sick leave, members of Police and Fire Departments.
[Added 12-16-1975 by Ord. No. G-82-75]
(1) 
As used in this subsection, "sick leave" shall mean paid leave that may be granted to each member of the Police or Fire Department 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 contagious disease.
(2) 
The Township Council may grant sick leave to members of the Police and Fire Departments with pay for a period not to exceed one year, provided that the examining physician appointed by the Township Council shall certify to such injury, illness or disability. Said sick leave shall not be accumulated.
(3) 
Sick leave shall, in addition to the above, be governed by municipal ordinances, rules and regulations governing the Police and Fire Departments and civil service rules and regulations.
C. 
Death in immediate family. Each municipal employee of the Township, except policemen and firemen, shall receive a leave of absence for five consecutive days if there is a death in the employee's immediate family. "Immediate family" shall be defined as the employee's father, mother, spouse, child, brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, grandparent or spouse's grandparent. Five consecutive days off shall be defined as five working days and any nonworking days which fall within the five-day period immediately following the death in question. 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.
[Amended 8-21-1973 by Ord. No. G-21-73; 8-3-1976 by Ord. No. G-101-76]
D. 
Leave of absence as result of injury in line of duty. When a full-time employee is injured in the line of duty, the Township Council may, pursuant to N.J.S.A. 40A:9-7, adopt an ordinance giving the employee up to one year's leave of absence with pay. The examining physician appointed by the Township shall certify to such injury or disability. When such action is taken, the employee shall not be charged any sick leave time for time lost due to such particular injury.
[Amended 10-21-2003]
E. 
Maternity leave. Maternity leave may be granted for a period of six months, provided that the request for such leave is made in writing to the appointing authority. This leave may be extended for an additional six months with the approval of the Township Council. If granted, such leave shall be without pay except that accumulated sick leave may be used before commencing maternity leave.
F. 
Military leave.
(1) 
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 and 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.
(2) 
When a full-time or part-time permanent employee has been 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 that 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.
G. 
Leave without pay. Leave without pay may be granted to full-time and 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 Council, upon favorable recommendation of his department head. 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 Council may extend such leave for an additional six months or any portion thereof.
H. 
Requests for leave. A request for any type of leave shall be made in writing. Requests for long-term sick leave shall be accompanied by a medical certificate. 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 does not suffer. In the case of sick leave, the employee shall notify his supervisor immediately if he is unable to report for work.
A. 
Hospitalization, medical-surgical and major medical benefits insurance.
[Amended 9-19-1972 by Ord. No. G-3-72; 8-21-1973 by Ord. No. G-22-73; 11-7-1973 by Ord. No. G-23-73; 3-19-1974 by Ord. No. G-36-74]
(1) 
The Township shall pay premiums on one or more group insurance policies to provide hospitalization, medical-surgical and major medical benefits insurance coverage to the following eligible employees of the Township and the members of their immediate families as provided in Subsection A(2):
(a) 
All full-time employees, both temporary and permanent, upon completion of two months of continuous service.
(b) 
Temporary full-time employees who have been so employed in excess of six consecutive months.
(2) 
The insurance coverage provided for herein shall extend to the spouse of an eligible employee and dependent unmarried children of an eligible employee who are under 19 years of age.
(3) 
The Township Council shall select or designate one or more insurance companies or plans to provide the aforesaid insurance and shall determine the plans and insurance benefits to be provided.
(4) 
These benefits shall be provided upon termination of employment as required under COBRA.
[Added 10-21-2003]
B. 
Educational incentive pay for policemen and firemen. Each full-time member of the Police or Fire Department who successfully completes the number of courses hereinafter set forth in a program in police science or fire science at a recognized college or university which is part of a program leading to a degree in police science or fire science shall be entitled thereafter to additional compensation at the rate specified.
(1) 
Upon the completion of 33 credit hours or 1/2 the equivalent required courses of credit hours for a degree in police science or fire science, the member shall receive a salary increase of three hundred fifty ($350.) dollars per year.
(2) 
Upon the attainment of an associate degree in police science or fire science, the member shall receive a salary increase of $700 per year.
(3) 
An educational program to be accepted under this subsection shall be equivalent or substantially similar to the degree program in police science or fire science offered by Rutgers University, the State University of the State of New Jersey, which now represents 66 credit hours of approved courses. The Township Council shall determine whether any degree or course program is equivalent to the program now offered by Rutgers University.
[Amended 6-4-1975 by Ord. No. G-59-75]
(4) 
The additional compensation herein provided shall be payable upon presentation to the Township Council of a proper certificate from the institution setting forth the number of credit hours completed and the requirements for conferring a degree in police science or fire science.
[Amended 6-4-1975 by Ord. No. G-59-75]
(5) 
Each full-time member of the Police or Fire Department who successfully completes county, state or federal police or fire science training courses or other such school to which he is assigned by the Chief of Police or Fire Chief, respectively, shall receive a salary increase of $350 per year upon successfully and satisfactorily attaining 495 hours of schooling. Upon the successful and satisfactory completion of an additional 495 hours of such schooling, the employee shall receive an additional $350 per year. This schooling shall be exclusive of college courses and pertains only to vocational and technical training to aid professional development in police skills and fire skills having a direct bearing on the man's value to the Police Department or Fire Department. The Township Council shall have the final approval as to the applicability or appropriateness of any such course of instruction. The maximum salary increase that can be obtained under the program is $700.
[Amended 10-1-1974 by Ord. No. G-52-74]
C. 
Educational incentive pay for employees other than members of Police and Fire Departments.
[Added 12-18-1973 by Ord. No. G-27-73; amended 3-19-1974 by Ord. No. G-37-74; 12-18-1984 by Ord. No. G-242-85]
(1) 
Each full-time permanent employee of the Township of Hillside (excluding members of the Police and Fire Departments) who successfully and satisfactorily earns either a bachelor of arts, bachelor of science or associate degree having a major course of study employment-related courses shall be entitled to additional compensation at the rate specified hereinafter.
(a) 
Upon the successful and satisfactory attainment of a bachelor of arts or bachelor of science degree as set forth above, the employee shall be entitled to a salary increase of $700 per year.
(b) 
Upon the successful and satisfactory attainment of an associate degree as set forth above, the employee shall be entitled to a salary increase of $350 per year.
(c) 
The maximum salary increase that can be obtained under this program is either $700 or $350 depending upon the degree earned.
(2) 
The Township Council shall have the final approval as to the applicability of this subsection.
D. 
Health insurance benefit coverage upon retirement.
[Added 5-19-2009 by Ord. No. O-09-014]
(1) 
Definitions. The following terms and phrases shall have the meanings set forth below in this subsection:
ENTIRE COST OF COVERAGE
The Township's full premium expenses paid for each particular eligible full-time employee less any premium contributions made by such employee at the time of his/her retirement. The Township's entire cost of coverage shall include any increases in premiums charged the Township by an insurance carrier for such employee's coverage following the employee's retirement.
FULL-TIME EMPLOYEE
An employee or appointed officer of the Township of Hillside regularly working on average during the course of each calendar year a minimum of 20 hours per week for the Township, excluding paid time off, and elected officials, including the Mayor and members of the Township Council.
HEALTH INSURANCE BENEFITS
Any, some or all medical, surgical, hospitalization, major medical, PPO, HMO, dental, prescription or similar health insurance plans or policies as are or may be in force in the Township at any given time, as applicable.
RETIREE
A full-time employee who retires.
RETIREMENT, RETIRED, RETIRES or RETIRING
The approval and commencement of a retirement or disability retirement under an official State of New Jersey administered pension and retirement system such as the Public Employees' Retirement System ("PERS") or the Police and Firemen's Retirement System ("PFRS").
(2) 
Eligible full-time employees. The following classes of full-time employees shall be eligible to receive health insurance benefits upon retirement:
(a) 
Employees retiring on a disability pension.
(b) 
Employees who have retired after 25 years of service credit in a state-administered retirement system and a period of 25 years of employment/service with the Township, which may be noncontinuous. Up to five years of service with another employer for which the employee earned service credit in a state-administered retirement system can be used to satisfy the twenty-five-year Township employment/service requirement.
(c) 
Employees who have retired at the time or after they reached the age of 62 and after a period of at least 20 years of employment/service with the Township, which may be noncontinuous.
(3) 
The Township shall assume the entire cost of coverage for continuation of health insurance benefits for all eligible full-time employees upon their retirement as more particularly defined in this section. During their retirement, eligible full-time employees shall receive the level of health insurance benefits, including any family coverage if provided, received by them immediately prior to the effective date of the employee's retirement. Eligible full-time employees receiving only certain specified Township-paid health insurance benefit coverages under their applicable collective bargaining agreement(s) or employment contract(s) immediately prior to their retirement will be eligible only to receive those specific coverages following their retirement.
(4) 
Notwithstanding the foregoing, the Township reserves the right to change health insurance carriers as frequently as deemed appropriate in the Township Council's sole discretion. In the event the Township changes its health insurance carrier(s), it shall provide comparable health insurance benefits to eligible full-time employees with no less coverage than the level in existence immediately prior to the effective date of the employee's retirement, provided such coverage remains available. In the event such coverage is no longer available in the regular commercial insurance market, the Township will provide coverage as comparable to previous coverage as is possible in the regular commercial insurance market. Under no circumstances will the Township be required to provide any additional health benefit insurance or enhancement to coverage not received by an employee immediately prior to the effective date of the employee's retirement.
(5) 
Eligible full-time employees receiving health insurance benefits upon retirement under this section may opt out of any coverages, provided each such employee is covered by substantially similar insurance, subject to the following conditions:
(a) 
Such employees will be entitled to receive 25% of the then-current value of the premiums saved by the Township as a direct result of such opt-out.
(b) 
Prorated payments, less any applicable payroll deductions, will commence 30 days following the Township's receipt of a written certification that the employee wishes to opt out and that he/she has substantially similar insurance coverage.
(c) 
Opt-out program. Employees who lose such substantially similar coverage will be entitled to re-enter the Township's insurance plans, including the specific insurance plan(s) in which the retiree was enrolled immediately prior to his/her opt-out, provided such plan(s) remain available and in force in the Township.
[1] 
Upon the recommencement of coverage under the plan(s), the retiree will cease to be eligible to receive any payments under Subsection D(5).
[2] 
The retiree requesting such coverage shall be responsible for notifying the Township of the starting date for recommencement of coverage.
[3] 
The Township will not be responsible for any damages incurred by a retiree who fails to provide timely notice of the need to recommence coverage.
[4] 
Retirees will be responsible for providing required certification of coverage under the federal Health Insurance Portability and Accountability Act, commonly referred to as "HIPAA."
[5] 
Retirees who opt out of all insurance coverages are not responsible to pay any monthly premium contributions during the period they do not receive coverage. Retirees who opt out of fewer than all coverages will be responsible only to pay that portion of the monthly premium contribution which is proportionate to the amount of premiums saved relative to the total premiums which otherwise would have been paid under all plans by the Township.
[6] 
Eligible full-time employees participating in this opt-out program will be eligible to continue to receive opt-out payments upon retirement or to recommence the same health insurance benefit coverage they were entitled to receive if they had not participated in the opt-out program.
(6) 
Employees may waive the receipt of retiree health benefit insurance from the Township either upon the commencement of their employment or at any time during their employment or service. Any employee eligible to receive health benefit insurance during his/her employment/service with the Township who is not actually receiving such health benefit insurance from the Township immediately prior to the effective date of the employee's retirement will not be considered an eligible full-time employee under this section.
(7) 
To the extent that this section is in conflict with any collective bargaining agreement or employment contract, such collective bargaining agreement or employment contract will be controlling, irrespective as to whether this section would provide greater or lesser benefits than such collective bargaining agreement or employment contract. There is no intent under this section to increase any benefits already detailed in any collective bargaining agreement or employment contract.
A. 
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 appointed by the Township receiving an annual or hourly reimbursement for their services from the Township.
B. 
Certain political activities prohibited. Township employees shall not engage in any political activities during working hours or on Township property.
A. 
Dismissal or demotion. A permanent employee may be dismissed from the service or demoted for cause. The causes sufficient for removal from the service shall include the following:
(1) 
Neglect of duty.
(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 or Fire Department who is 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 or Fire Department as provided by N.J.S.A. 40A:14-9, as amended.
[Amended 10-21-2003]
(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) 
Participating in any political activity prohibited by this chapter.
(8) 
Disobedience of departmental rules and regulations established pursuant to this chapter.
(9) 
Conduct unbecoming a public employee.
B. 
Suspension.
(1) 
When, in the opinion of the appointing authority, an employee's performance or conduct justifies disciplinary action short of dismissal, the appointing authority may suspend or furlough the employee without pay or with reduced pay.
(2) 
An employee who is suspended, fined or demoted more than three times in any one year, or for more than five days at one time, or for a period of more than 15 days in the 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 appointing authority.
The Clerk shall provide that adequate personnel records are maintained for each employee of the Township. Such records shall include dates of appointments and promotions, job titles, salaries, commendations, disciplinary actions, leave of any type taken and accumulated, merit ratings and any appropriate additional information.
A. 
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 Council 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 Council, 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.
B. 
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 Council.
C. 
Form and requisites. In every case in which 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 therefor shall be paid by the Township. Each such 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.
[Added 10-21-2003]
A. 
Responsibilities. The RTW team will consist of a member of the Township Clerk's office, the manager and/or supervisor of the affected employee along with the treating physician and/or, if necessary, the designated Township physician.
B. 
Procedure.
(1) 
When an employee is disabled, when appropriate, and determined by the RTW team, a letter will be sent by the Township Clerk to the treating physician informing him or her as to the program's availability.
(2) 
The insurance company and/or treating physician shall notify the Township Clerk's office of the employee's release to return to work and provide medical determination of the employee's capabilities and restrictions.
(3) 
The RTW team will determine whether or not a modified-duty work assignment can be provided which is consistent with the treating physician's work release.
(a) 
All work provided will be consistent with and will not exceed the limitations set by the treating physician. The employee agrees not to work beyond his/her physical limitations.
(b) 
The treating physician plays the dominant role in determining the employee's medical condition, capacity to perform work, and the restrictions to be observed. The treating physician must provide the Township of Hillside with documentation stating the employee's exact restrictions. As the employee's condition progresses, communication with the treating physician must be continued. This will allow appropriate changes in the job assigned until the employee is back to regular duties.
(4) 
It is the option of Township of Hillside to change regular days off and work hours while an employee is in the RTW program. The RTW team will designate hours of work.
(5) 
All employees must abide by safety rules at the location of their modified-duty assignment.
(6) 
No permanent jobs will be created to accommodate a disability.
(7) 
Modified duty can extend 4-6 weeks. Additional time in the RTW program will be allowed with the treating physician's recommendations after the employee's condition is also reviewed by the Township's designated physician who will then communicate and coordinate with the treating physician as to whether continued light duty is appropriate in a particular case or after consultation with the treating physician, a time period is agreed upon between the physicians.
(8) 
While in the RTW program, the employee will meet weekly with his or her manager and/or supervisor to review the employee's progress and to resolve any difficulties that arise. Reports of these meetings will be sent to the Township Clerk.
(9) 
As the employee's condition progresses, the employee may be required to move from one modified-duty assignment to another to allow appropriate changes to the job assigned until the employee is back to regular duties.
(10) 
Service labor unions off-the-job injury program option. This program will be extended to employees covered under the labor agreement between the Township and the service labor unions for non-work-related injuries. The parties have agreed that the Township will consider application of the RTW program to employees covered by the service labor unions agreement who are injured off the job on a case-by-case basis with the following understanding:
(a) 
The granting of a position under the RTW program is at the discretion of the RTW team, which includes the department head.
(b) 
Priority for RTW assignment shall always be given to those workers injured on the job.
(c) 
No grievance can or will be filed for failure to grant such employee a RTW job opportunity.