Unless as otherwise prescribed by collective bargaining agreement, all personnel policies contained herein shall apply to all employees.
A. 
It is the intent of this article to establish personnel policies, practices and regulations which are consistent with sound business principles and provide incentives to encourage maximum efficiency, to the end that the administration of the Township's personnel program will be accomplished in a manner equitable to the employees without handicapping or curtailing the responsible administrative officers. Except as otherwise prescribed by the collective bargaining agreements to which the Township is party, and where applicable, the personnel practices and procedures described herein shall apply to all full-time employees.
B. 
Within the framework of the foregoing general policy, the following principles are hereby declared as establishing the personnel policies of the Township:
(1) 
Employment in the municipal government shall be based on merit and fitness, free of personal and political considerations.
(2) 
Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the municipal government.
(3) 
Positions having similar duties and responsibilities shall be classified and compensated for on a uniform basis.
(4) 
Every effort shall be made to stimulate high morale by fair administration of this article and by every consideration of the rights and interests of employees, consistent with the best interests of the public and the Township.
(5) 
Continuity of employment covered by this article shall be subject to good behavior, the satisfactory performance of work, necessity for the performance of work and the availability of funds.
(6) 
It is the policy of the Township to offer employment and fair treatment to all its employees.
[Ord. No. 53-2014]
A. 
Full-time employees. All full-time employees of the Township paid on either an annual or hourly basis shall be subject to the provisions of this article, except that:
(1) 
Department heads shall be subject to removal from employment in accordance with applicable New Jersey law.
(2) 
Elected Officials and non-compensated appointed members of various boards, commissions and committees are not included in sections of this article which expressly exclude such personnel.
[Ord. No. 53-2014]
(3) 
Members of the Police Department are not covered by this article except as to salary and title classification as set forth in Schedule C of § 4-72A.
B. 
Managerial, executive and confidential employees.
(1) 
The following shall be and are hereby classified as confidential personnel who are not members of a collective bargaining unit:
(a) 
Deputy Township Clerk.
(b) 
Executive Secretary (Mayor, Business Administrator).
(c) 
Paralegal Secretary.
(d) 
Assistant Finance Director.
(e) 
Director of Human Resources.
(f) 
Human Resources Coordinator.
(g) 
Assistant Township Attorney.
(h) 
Chief Financial Officer.
(i) 
Township Attorney.
(j) 
Township Clerk.
(k) 
Business Administrator.
[Ord. No. 53-2014; Ord. No. 21-2016; amended 2-16-2022 by Ord. No. 8-2022]
A. 
Compensation plan.
(1) 
Managerial, executive and confidential employees. The Mayor or Township Council, where applicable, shall have the sole and exclusive right to establish the level of compensation to be paid to those managerial, executive and confidential employees whose titles are listed below. Thereafter, those managerial, executive and confidential employees shall receive the highest salary increase that is negotiated with any collective bargaining unit with the exceptions of PBA Local 136 and PBA Local 136A.
Grade
Title
E8
Deputy Township Clerk
Executive Secretary
Paralegal Secretary
Human Resource Coordinator
E12
Assistant Finance Director
Director of Human Resources
E13
Assistant Township Attorney
E14
Chief Financial Officer
Township Counsel
Township Clerk
E15
Business Administrator
(2) 
The compensation to be paid to members of the following unions/associations shall be as set forth in the applicable current Collective Bargaining Agreements.
(a) 
Blue Collar;
(b) 
Foremen's;
(c) 
Policemen's Benevolent Association/Superior Officers Association;
(d) 
Primary Level Supervisor's;
(e) 
Supervisor's;
(f) 
White Collar.
(3) 
The salaries of the Deputy Police Chief and the Chief of Police shall be established in accordance with applicable New Jersey law. Thereafter, whenever new salary ranges are set by the appointing authority, unless the Chief of Police or Deputy Police Chief shall consent to a lesser adjustment, the minimum and maximum salary for the Chief of Police and Deputy Police Chief shall be adjusted to reflect at least the same percentage of increase in base salary as is established for other ranking supervisor officers in the Police Department.
B. 
Insurance benefits.
(1) 
All insurance benefits are as prescribed by the applicable collective bargaining agreements except full-time employees of the Township holding positions in Grades E8, E12, E13, E14 and E15 shall be entitled to receive medical insurance, hospitalization insurance, major medical insurance, dental insurance and prescription plan as defined in the Employee Health Care Plan and as is more fully set forth in the plan document. Upon the death of an active employee who has been employed by the Township for three or more years, all health benefits for spouse and/or eligible dependents will continue for a period of six months at no cost, at which time the spouse and/or eligible dependents may elect to continue medical coverage at his/her own expense at the Township group rates or under COBRA.
[Ord. No. 53-2014; Ord. No. 21-2016]
(a) 
Each employee shall be reimbursed for the cost of an eye examination with the total cost not to exceed $60 per annum, noncumulative.
[Ord. No. 53-2014]
(b) 
Effective February 8, 2023, all new hires/spouses/eligible dependents of Grade E employees will not be covered by any health benefits for the first 30 days of employment with the Township. Thereafter, they will be covered by the PPO Plan.
[Ord. No. 53-2014; amended 1-18-2023 by Ord. No. 2-2023]
(c) 
A basic prescription plan shall be provided for each employee and his/her dependents at a cost of $2 for generic drugs and $25 for non-generic drugs per prescription. New (E) employees are subject to a 90 day enrollment period before coverage becomes effective.
[Ord. No. 53-2014]
(d) 
Drug prescription co-pays cannot be submitted to major medical for reimbursement nor shall they count toward the major medical deductible.
(e) 
All individual and family insurance benefit deductibles shall be on a yearly calendar basis, running January 1 to December 31.
(f) 
Except as otherwise specified by collective bargaining agreement or limited by health plan (PPO), all employees shall have a thirty-six-visit-per-year limit on chiropractic care.
C. 
Retirement benefits.
[Ord. No. 21-2016]
In accordance with the provisions of N.J.S.A. 43:15A-74, the Public Employees' Retirement System of New Jersey (N.J.S.A. 43:15A-1 et seq.) has been adopted within the Township as of June 30, 1962. The Chief Financial Officer shall determine the accrued liability contribution payable by the Township to the Contingent Reserve Fund established under said system and shall submit to the Board of Trustees of the Public Employees' Retirement System such information as may be required by the Board.
Retirement benefits for managerial, executive and confidential employees. As defined by applicable law, all full-time employees of the Township holding positions in Grades E8, E12, E13, E14 and E15 shall be entitled upon retirement to the following retiree health benefits subject to any contribution requirements established by New Jersey Law:
(1) 
Age 62 with 15 years of service.
(a) 
Any employee who retires from the Township at age 62 or older, with a minimum of 15 continuous years of service with the Township, shall receive the following benefits for himself/herself and spouse:
[1] 
Hospital coverage at Township expense;
[2] 
Medical/surgical coverage at Township expense;
[3] 
$250 per year toward laboratory testing and x-rays at Township expense;
[4] 
The ability to purchase major medical coverage and/or the prescription drug plan for himself/herself and spouse at his/her expense at the Township group rate.
(b) 
Upon the death of the retiree the surviving spouse's medical coverage continues at no cost for six months after which the surviving spouse may elect to continue medical coverage at his/her own expense under COBRA. Upon the expiration of COBRA, all benefits shall cease.
(2) 
Prior to age 62 with 25 years of service.
(a) 
Any employee who retires from the Township prior to attaining the age of 62, with a minimum of 25 continuous years of service with the Township, shall receive the following benefits for himself/herself and spouse:
[1] 
Hospital coverage at Township expense;
[2] 
Medical/surgical coverage at Township expense;
[3] 
Two hundred fifty dollars per year toward laboratory testing and x-rays at Township expense;
[4] 
The ability to purchase major medical coverage and/or the prescription drug plan for himself/herself and spouse at his/her expense at the Township group rate.
(b) 
Upon the death of the retiree the surviving spouse's medical coverage continues at no cost for six months after which the surviving spouse may elect to continue medical coverage at his/her own expense under COBRA. Upon the expiration of COBRA all benefits shall cease.
(3) 
Age 62 with 20 years of service.
(a) 
Any employee who was employed by the Township on or before December 31, 2001, who retires at age 62 with a minimum of 20 years of continuous service with the Township, shall receive the following benefits for himself/herself and spouse:
[1] 
Hospital coverage at Township expense.
[2] 
Medical/surgical coverage at Township expense.
[3] 
$250 per year toward laboratory testing and x-rays at Township expense.
[4] 
The ability to receive coverage for the retiree, at the retiree's sole discretion, of either major medical or prescription insurance at the Township's expense. Once the retiree has selected and has begun to receive either major medical or prescription coverage, the retiree cannot elect to substitute one for the other.
[5] 
The ability to purchase dental insurance for himself/herself and spouse at his/her expense at the Township group rate.
[6] 
The ability to purchase major medical coverage and/or the prescription drug plan for himself/herself and spouse at his/her expense at the Township group rate.
[a] 
The retiree shall have the ability to purchase the coverage not selected in accordance with Subsection C(3)(a)[4] above at his/her expense at the Township group rate.
(b) 
Upon the death of the retiree, the surviving spouse's health benefits will continue for six months at the Township's expense, after which time the spouse may elect to continue the coverage benefits at his/her own expense at the Township group rate.
(4) 
Age 65 with 25 years of service.
(a) 
Any employee who was employed by the Township on or before December 31, 2001, who retires at age 65 with a minimum of 25 years of continuous service with the Township, shall receive, at no cost to himself/herself and his/her spouse, the same health benefits that the employee and spouse received while employed by the Township.
(b) 
Upon the death of the retiree, the surviving spouse's medical coverage will continue for six months at the Township's expense, after which time the surviving spouse may elect to continue medical coverage at his/her own expense at the Township group rate.
(5) 
No minimum age, 30 years of service.
(a) 
Any employee who was employed by the Township on or before December 31, 2001, who retires with a minimum of 30 years of continuous service with the Township, no minimum age, shall receive, at no cost to himself/herself and his/her spouse, the same health benefits that the employee and spouse received while employed by the Township.
(b) 
Upon the death of the retiree, the surviving spouse's medical coverage will continue for six months at the Township's expense, after which time the surviving spouse may elect to continue medical coverage at his/her own expense at the Township group rate.
(6) 
Benefit levels (coverage) prior to retirement shall remain the same upon retirement.
[Ord. No. 53-2014]
(7) 
Upon reaching age 65, all retirees and spouses coverage becomes secondary to medicare; up to the same benefit levels (coverage) as before age 65.
(8) 
Life insurance in an amount equal to 1/2 of the employee's annual salary, to a maximum of $50,000, at the time of retirement will be continued for the retired employee at no cost to the retired employee.
(9) 
Any retired employee who is insured by the Township must file an affidavit with the Chief Financial Officer of the Township on January 1 of every year and not later than March 1 that in effect he/she has not changed his/her marital status as a retiree. On February 1 the Township will notify by certified mail those retirees who are delinquent that they have the month of February to file. Failure to file will result in termination of benefits.
(10) 
Benefits granted at time of retirement for the employee and his/her spouse shall remain in effect for the life of employee and are not subject to reduction or elimination in future negotiations.
D. 
Life insurance. Except as otherwise specified by a Collective Bargaining Agreement to which the Township is a party, all regular full-time employees of the Township working a minimum of 35 hours each week shall receive life insurance in an amount equal to 1/2 of the employee's annual salary, not to exceed the sum of $50,000, upon the completion of a 90-day enrollment period for new hires.
[Ord. No. 21-2016; amended 2-16-2022 by Ord. No. 8-2022]
[Ord. No. 53-2014]
A. 
Unless otherwise prescribed by law or collective bargaining agreement the Mayor or Township Council shall establish the salaries of their respective employees.
B. 
Return to position after separation from service.
(1) 
Any employee who has left the Township service to enter the active service of the armed services of the United States and who is subsequently reinstated to a position previously held by him shall be entitled to receive compensation at the rate to which he/she would have been entitled had his/her service with the Township not been interrupted by service in the armed forces.
C. 
Probationary period after original appointment or promotion; subsequent advancement.
(1) 
After the initial appointment or promotion to a position in the classified service, the first six months of service in that position shall be considered the period of probation, except as otherwise may be provided in the collective bargaining agreement to which the Township is a party.
(a) 
All newly hired employees who are serving their probationary period shall not be entitled to paid vacation, sick day allowance and/or personal days until they have successfully completed their six-month probationary period. However, they shall accrue vacation and sick/personal time allowance from the date of hire but shall not be entitled to compensation for vacation and/or sick/personal time allowance until they have successfully completed their six-month probationary period. There shall be no retroactive compensation for any vacation, sick/personal time used during the probationary period.
(b) 
An employee who voluntarily leaves his/her employment with the Township prior to completing his/her probationary period shall reimburse to the Township all costs associated with his/her preemployment physical.
(c) 
All newly hired employees serving their probationary period shall not be entitled to apply for another open position until they have successfully completed such probationary period.
(2) 
Except as provided by Collective Bargaining Agreement, newly hired employees shall not receive any adjustment to salary until completion of one full year of service.
[Ord. No. 53-2014]
D. 
Longevity compensation.
(1) 
Any full-time permanent employee of the Township hired prior to January 1, 1977, shall receive longevity compensation in addition to the salaries established in § 4-71, in accordance with the following schedule:
Years of Service
Longevity Compensation Percent of Base Salary
5-10
3
10-15
6
15-20
8
20 or more
10
(2) 
The longevity provisions of this section shall not apply to those employees of the Township who have made independent contractual arrangements with the Township pertaining to their compensation.
E. 
Service milestone. Employees hired prior to November 7, 2007, having served or upon serving 20 years (consecutively from date of hire) with the Township shall receive a one-time increase of $500 to their base pay. No payments shall be retroactive back to when an existing employee first reached the twenty-year mark. This benefit is forward in nature.
[Ord. No. 53-2014]
A. 
Hours of work. Except as otherwise specified by a Collective Bargaining Agreement to which the Township is party, the official workweek of the Township is a five-day, thirty-five-hour work week. The Mayor shall establish the hours of work for each department.
B. 
Holidays.
(1) 
Except as otherwise specified by a Collective Bargaining Agreement to which the Township is a party, the official holidays with pay, which are observed by the Township, are as follows: New Year's Day, Martin Luther King's Birthday (observed), Washington's Birthday (observed), Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day (observed), General Election Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day.
[Ord. No. 53-2014]
(2) 
If a holiday falls on a Saturday, the preceding Friday shall be observed. If a holiday falls on a Sunday, it shall be observed on the following Monday.
(3) 
In the event that an official holiday occurs while an employee is on sick leave, he/she shall not have such holiday counted as a sick day.
(4) 
In the event that an official holiday occurs during an employee's vacation leave, he/she shall not have such holiday counted as a day of his/her vacation leave, but he/she shall be entitled to a substitute day of vacation leave.
C. 
Vacation leaves.
(1) 
General vacation allowance. Except as otherwise specified by a Collective Bargaining Agreement to which the Township is a party, all full-time employees paid on an annual salary basis and full-time employees paid on an hourly basis shall be granted vacation leave, each fiscal year.
[Ord. No. 53-2014]
(a) 
Probationary employees shall not utilize paid vacation allowance until they have successfully completed their six-month probationary period. This restriction applies only to those probationary employees who are new hires and does not apply to existing Township employees who may be promoted to a new position. When a new employee has completed the six-month probationary period, he/she shall receive the allotted vacation time retroactively. However, all vacation time used during the probationary period shall be uncompensated, and there shall be no retroactive compensation for any such time.
(b) 
If an employee is hired before July 1 of the calendar year, the employee shall be entitled to five days vacation for that calendar year. If an employee is hired on or after July 1 of that calendar year, the employee shall be entitled to zero days vacation for that calendar year.
(c) 
Beginning January 1 of the second calendar year to the completion of the fifth year: 10 days.
(d) 
The start of the sixth year to the completion of the 10th year: 15 days.
(e) 
The start of the 11th year to the completion of the 15th year: 20 days.
(f) 
At the start of the 16th year, the employee will receive one additional day for each year of service in excess of 15 years, to a maximum of 25 days.
(g) 
All employees hired after November 7, 2007 shall only be entitled to a maximum of 20 vacation days.
(2) 
General condition applicable to vacation leaves. Except as otherwise specified by a Collective Bargaining Agreement to which the Township is a party, the following general conditions shall apply to vacation leaves:
(a) 
Accumulation of vacation leave beyond that earned in a twelve-month period shall be permitted only with the consent of the department head and approval of the Business Administrator.
(b) 
Under no conditions, however, shall an employee be permitted to accumulate more than a total of 30 days of unused vacation leave.
(c) 
Vacation leave shall begin to accrue to permanent full-time employees upon the first day of service, provided that new permanent full-time employees shall not be eligible for a vacation leave until they have completed a satisfactory probationary period as set forth herein. However, all new probationary employees shall not utilize or be eligible for compensated vacation leave until they have completed a satisfactory probationary period as set forth herein. There shall be no retroactive compensation for any time used prior to the expiration of the probationary period. Full-time temporary employees shall not be eligible for vacation leave.
(d) 
The fiscal year, for the purposes of the vacation schedule, shall begin on January 1 and end on December 31.
(e) 
Accrued vacation leave for employees with greater than one year of service shall be compensated for when the employee becomes separated, either voluntarily or involuntarily, save for cause, from the Township service unless the employee terminates service without giving two weeks' notice to his/her department head or Business Administrator as applicable.
(f) 
Any employee who is laid off, retires or separates from the service of the Township for any reason (save for cause) shall be compensated in time for the value of his/her accumulated and unused vacation time on a prorated monthly basis standing to his/her credit at the time of his separation from service. In case of an employee's death in service, monetary payment shall be made to his/her beneficiaries or estate.
(g) 
Time on paid sick leave and all other time paid for but not actually working shall be considered as days worked for the purposes of computing vacation eligibility and accrual. Such time (non-productive) shall count toward weekly overtime calculations.
(h) 
Any official holiday occurring during an employee's vacation leave period shall not be counted as a day of vacation leave, but shall entitle the employee to a substitute day of vacation leave.
D. 
Sick leave. Except as otherwise specified by a Collective Bargaining Agreement to which the Township is a party, sick leave shall be as follows:
(1) 
General conditions. Sick leave is paid leave that may be granted to each full-time employee who is unable, through sickness or injury, to perform the duties of his/her position.
(a) 
The Township has the right to request sick time verification whenever it deems it necessary to do so. However, this shall not be done in an unduly offensive or obtrusive manner.
(b) 
When, as a condition of his/her return to duty, the Township requires a second opinion for an employee who has been absent because of personal illness, said employee shall be examined, at the expense of the Township, by a physician chosen by the employee or from a panel of physicians designated by the Township, if necessary. Such examination shall establish whether the employee is capable of performing his/her normal duties and that his/her return will not jeopardize the health of other employees. Employees incapable of resuming normal work duties may be retired from employment or transferred to other duties at the discretion of the Administration.
(2) 
Sick leave must be utilized and runs concurrently with family/medical leave entitlement under the New Jersey Family Leave Act and/or the Federal Family Medical Leave Act.
(3) 
Separation.
(a) 
All employees and personnel of the Township of Wayne who have been employed for a minimum of one year and are covered by the provisions herein, shall be entitled to a payment of $25 for each accumulated sick day upon separation from the service of the Township for any reason, save for cause. For any employee hired after January 1, 2015, he/she shall need to be employed a minimum of five years.
(b) 
All employees hired prior to August 17, 1994, having been employed a minimum of five years with the Township at the time of retirement, shall be eligible to receive payment for any accumulated sick days, as follows:
[1] 
0 to 50: $25.
[2] 
51 to 150: $50.
[3] 
151 to 200: $75.
[4] 
200 and over: $100.
(c) 
All payments under Subsection D(3) shall be capped at $14,000 (or 240 eight-hour days). In case of an employee's death in service, payment shall be made to his/her estate; provided the employee qualified with the provisions under this chapter.
(4) 
Sick leave allowance. Full-time employees shall accumulate sick leave at the rate of:
Years of Service
Sick Days Each Year
0-20
15 days (1.25 per month)
21-30
16 days (1.33 per month)
31 years and over
17 days (1.42 per month)
Sick leave for exempt employees can be accumulated without limit during the employee's length of service. Accumulated sick leave may be used by an employee for personal illness, illness in his/her immediate family which requires his/her attendance upon the ill member, quarantine restrictions, pregnancy or disabling injuries. No sick leave allowance will be paid in case of dismissal for cause.
(a) 
Probationary employees shall not utilize paid sick leave allowance or personal days until they have successfully completed their six-month probationary period. This restriction applies only to those probationary employees who are new hires and does not apply to existing Township employees who may be promoted to a new position. When a new employee has completed the six-month probationary period, he/she shall receive the allotted sick time retroactively. However, all personal days or sick time used during the probationary period shall be uncompensated, and there shall be no retroactive compensation for any such time.
[Ord. No. 53-2014]
(b) 
Three sick days may be used as personal days. If they are not used, they will revert to accumulative sick days. Except as otherwise provided in the collective bargaining agreements to which the Township is a party, personal days may be taken with 24 hours' prior notice, without restrictions, whenever possible with prior approval of the employee's department head or designee.
[Ord. No. 53-2014]
(c) 
Annual sick leave for exempt employees shall be as follows:
Years of Employment
Days of Sick Leave
0 - 20
15
21 - 30
16
31 and over
17
(5) 
Workers Compensation.
(a) 
During the period of occupational illness or accident where an employee receives compensation benefits under the Workmen's Compensation Act and returns those benefits to the Township in exchange for his/her normal paycheck, that sick leave time charged will be prorated for that portion which is not covered by the compensation benefits.
E. 
Special leave.
(1) 
Maternity leave. Except as otherwise prescribed by the collective bargaining agreements to which the Township is a party, maternity leave shall be granted for a period of three months, exclusive of accumulated sick and vacation time, provided that the employee has worked for the Township for one year prior to commencement of such leave. Such requests shall be made in writing to the department head who shall forward same to the Mayor for approval. Such leave shall be without pay, unless accumulated sick and vacation time is applied thereto. Time out on maternity leave qualifies as family and medical leave and will be counted against an employee's twelve-week family/medical leave entitlement under the New Jersey Family Leave Act and the Federal Family and Medical Leave Act.
(2) 
Leave for personal reasons. A full-time employee may be granted leave without pay for a period not exceeding one month during a fiscal year for specific personal reasons or other reasons deemed in the best interest of the Township when recommended by the department head and approved by the Business Administrator. Applications for leave without pay must be submitted in advance in writing to the employee's department head, showing the employee's reason for requesting such leave, and must contain a statement that he/she intends to return to the Township service.
(3) 
Leave for court appearance or jury duty. A full-time employee who is subpoenaed as a witness in a civil or criminal case not involving him or her in his/her capacity as a Township employee, or an employee who is called and serves on a jury, may be granted paid leave for that period of time in which he/she is officially involved with the court in such capacity or as prescribed by the collective bargaining agreements to which the Township is a party.
(4) 
Leave due to death in immediate family. In the event of a death in his/her immediate family, except as prescribed by the Collective Bargaining Agreement to which the Township is a party, each full-time employee may be granted, upon approval of said employee's department head, time off with pay, such time not to exceed three days. Upon recommendation of the department head and approval by the Business Administrator, a reasonable extension beyond three days may be allowed where circumstances justify such action. The term "immediate family," as used in this subsection, includes the employee's father, mother, wife, husband, brother, sister, son, daughter, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparents and grandchildren. Consideration for attendance at funerals for other than the immediate family may be granted upon recommendation by the department head and approval of the administration.
[Ord. No. 53-2014]
(5) 
Training leave. Full-time employees may be granted skill or professional improvement leave with or without pay for specific courses of study relating to the work of the Township in which he is employed, or leave to attend conferences of professional and similar associations. Such leave may be granted with full or part pay upon recommendation of the employee's department head and approval by the Business Administrator in an amount not exceeding one calendar month during any fiscal year.
(6) 
Military leave. The Township of Wayne shall provide military leave to its eligible employees, in accordance with all state and federal laws.
F. 
Reporting absence. Except as otherwise provided for in the collective bargaining agreements to which the Township is a party, an employee who is to be absent from duty shall report the reason therefor to his/her supervisor prior to the start of his/her normal work shift, and, only in the case of an emergency, call-in shall be no later than two hours after the start of the work shift. All unauthorized and unreported absences shall be considered absence without leave, and deduction of pay shall be made for such period of absence. Absence without leave for three or more days or part thereof shall be grounds for immediate dismissal from the Township service.
G. 
Leave pursuant to statutory provisions. In any case where the laws of this state provide for special leave not contemplated in this article, said laws shall control the amount of leave granted in such instances.
[Ord. No. 53-2014]
Unless set forth by an applicable Collective Bargaining Agreement, the grievance procedure for those confidential employees not covered by a Collective Bargaining Agreement shall be as follows:
A. 
Step 1: Presentation to Department Head. An employee who has a grievance and who is not part of a Collective Bargaining Agreement may at the time the grievance occurs or within 10 working days of the occurrence notify his/her department head in writing of the grievance. Grievance not taken within 20 working days shall be conclusively deemed waived. The department head shall either conclude a mutually satisfactory solution to the grievance within 10 working days of the time the grievance was first submitted to him or her or, failing in that, prior to the end of that time, advise the employee of his/her inability to do so. When an employee is informed by his/her department head that he/she is unable to arrange a mutually satisfactory solution to the grievance, the employee must present such grievance to the Business Administrator in writing within 20 days of the failure to resolve the grievance, in the manner set forth below in Step 2.
[Ord. No. 53-2014]
B. 
Step 2: Presentation to Business Administrator. The employee shall prepare the grievance in writing and in duplicate. The grievance should be stated as completely and as clearly as possible. One copy of the grievance shall be transmitted immediately to the Business Administrator and the other copy shall be presented to his/her department head. The department head shall report in writing the facts and events which led up to its presentation, including in his/her written report any verbal answer he/she may have previously given to the employee concerning this grievance. Within 10 working days after receipt of the written grievance, the department head must present it with the information required from him or her to the Business Administrator. The Business Administrator shall consider and formally act on the grievance.
C. 
Employee's record. All papers and documents relating to a grievance and its disposition shall be placed in the employee's personnel file.
[Ord. No. 53-2014]
A. 
Definition; causes for dismissal.
(1) 
As used in this section, "dismissal" means removal of an employee from the service for cause.
(2) 
An employee may be dismissed from service for any of the following enumerated causes, but dismissal shall not be limited to such enumerated causes:
(a) 
The employee is incompetent or inefficient in the performance of his/her duties.
(b) 
The employee has been wantonly careless or negligent in the performance of duty.
(c) 
The employee has been offensive in his/her treatment of public charges, fellow employees or other persons.
(d) 
The employee cannot perform the essential functions of the position held with or without reasonable accommodations.
(e) 
The employee has violated any lawful official regulation or order or failed to obey any lawful or reasonable directions given him by his/her superiors when such violation is a serious breach of discipline.
(f) 
Acceptance of gifts (as set forth in Section 4-87).
(g) 
The employee has been convicted of a criminal offense.
(h) 
The employee through willful conduct has caused damage to public property or waste of public supplies.
B. 
Dismissal recommendation by department head. A department head may recommend to the Business Administrator that an employee be dismissed when such action is deemed by said department head to be in the best interest of the Township service. Such dismissal recommendation shall be in writing and shall state the reasons therefor.
C. 
Dismissal procedure and appeal. Except as otherwise prescribed by the collective bargaining agreements to which the Township is a party, any employee who is cited for dismissal by his/her department head shall be so informed immediately in writing by said department head. Such written notification shall state the reason for the dismissal. A probational employee, during his/her six months' probation period, shall have no right of appeal from dismissal. A permanent employee shall be informed in the dismissal notice that he/she has the right to appeal and a request for a review of the dismissal action by the Mayor. Such request must be in writing and filed first with the Business Administrator within five calendar days after receipt of such dismissal notification. The matter shall proceed as set forth in the grievance procedure. If a permanent employee fails to request a review of the dismissal action within five days after receipt of notification of dismissal, the dismissal shall become final without further appeal by the affected employee.
D. 
Definition; effect of suspension. As used in this section, "suspension" means the temporary removal of an employee from service. A suspended employee shall not receive pay, nor shall be/she be permitted to use or accrue any privileges or benefits during the suspension period.
E. 
Causes for suspension. An employee may be suspended without pay for reasons of misconduct, negligence, inefficiency, disloyalty, insubordination, repeated unauthorized absence or other offenses.
F. 
Suspension recommendation by department head. Except as otherwise prescribed by the collective bargaining agreements to which the Township is a party, a department head may recommend to the Business Administrator that an employee be suspended from the service for cause at any time. Such suspension recommendation shall be brought to the attention of the employee in writing and shall specify the cause and number of days the employee should be suspended. If the Business Administrator approves, suspension shall become effective immediately if the period does not exceed four workweeks.
A. 
Written notice. Except as otherwise prescribed by the collective bargaining agreements to which the Township is a party, any employee who wishes to resign from the service in good standing shall give his/her department head at least four weeks' prior written notice of his/her resignation, unless the Business Administrator requires a longer notice or agrees to a shorter notice. Said four weeks' notice shall be in addition to the employee's entitled accrued vacation and sick leave time. An employee failing to give at least four weeks' notice shall, in addition to other penalties, forfeit his/her accrued vacation time or any type of compensation in lieu of vacation. The department head shall indicate his/her approval or disapproval of the employee's resignation notification and forward it to the Business Administrator, who may reject it or accept the resignation. No resignation shall become effective until it is recommended for approval by the employee's department head and approved by the Business Administrator.
[Ord. No. 53-2014]
B. 
Without notice. Except as otherwise prescribed by the collective bargaining agreements to which the Township is a party, any employee who does not submit his/her resignation in compliance with the provisions in this article, or whose resignation is not approved by the department head and the Business Administrator, or who is absent from work for a period of three or more days without notifying his/her department head of the reason for his/her absence and of his/her intention to return to work, may be considered as having resigned without notice and not in good standing. Any employee who fails to return to his/her duties within three days after the expiration date of an unauthorized leave period without notifying his/her department head shall be considered as having resigned without notice and not in good standing, provided that the failure to give notice was not caused by unavoidable circumstances.
An employee who leaves service without resignation in good standing as defined in this article shall have the fact entered in his/her personal record. If the situation warrants it, he/she may be deprived of the right to apply for reemployment to service at a future date and he/she may be denied the privilege of a satisfactory reference from the officials of the Township.
A. 
Prohibited activities; penalty for violation.
(1) 
Except as otherwise permitted by Subsection B of this section, employees shall not engage in any of the following political activities:
(a) 
Seek or accept nomination to any Township office other than Board of Education without first obtaining a leave of absence.
(b) 
Use one's official position to influence publicly in any way for or against any candidate for elective office in the Township government.
(c) 
Circulate petitions or publicly campaign on behalf of any candidate for a Township office, or work at the polls in any municipal, primary or general election during working hours.
[Ord. No. 53-2014]
(d) 
Solicit or receive any subscription or contribution for any Township political purpose or party during working hours.
[Ord. No. 53-2014]
(2) 
Violation of any of the provisions of this subsection shall be deemed sufficient cause for dismissal from the Township service.
B. 
Limitations on scope of prohibited activities.
(1) 
Nothing in Subsection A of this section shall be construed to prevent employees from becoming or continuing to be members of any political party, club or organization; attending political meetings; expressing their views in private on political matters outside of working hours and off Township premises; voting with complete freedom in any election.
(2) 
Nothing in Subsection A of this section shall apply to officers, officials and employees classified hereof as exempt personnel.
The Business Administrator shall maintain adequate personnel records for each employee of the Township. Such records should include but not be limited to the following: grievances; dates of appointments and promotions; job titles; salaries; commendations; disciplinary actions; leave of any type taken and accumulated; merit ratings and the like. Appropriate forms for reporting such information shall be developed by the Business Administrator, and the order of filing such forms within a file shall be uniform.
[Ord. No. 53-2014]
A. 
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:
(1) 
Business Administrator.
(2) 
Department Heads:
(a) 
Director of the Department of Public Works.
(b) 
Director of the Department of Parks and Recreation.
(3) 
Municipal Attorney.
(4) 
Municipal Engineer.
(5) 
Municipal Court Judge.
(6) 
Municipal Public Defender.
B. 
Individuals serving in the positions set forth in Subsection A who have been members of the Public Employee Retirement System continuously from July 1, 2007, shall continue membership in the Public Employee Retirement System, notwithstanding the fact that the positions qualify under N.J.S.A. 43:15C-2 as positions eligible to participate in the Defined Contribution Retirement Program.
C. 
Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S.A. 43:15C-2:
(1) 
Certified Health Officer.
(2) 
Tax Collector.
(3) 
Chief Financial Officer.
(4) 
Construction Code Official.
(5) 
Qualified Purchasing Agent.
(6) 
Tax Assessor.
(7) 
Municipal Planner.
(8) 
Registered Township Clerk.
(9) 
Licensed Uniform Subcode Inspectors.
(10) 
Principal Public Works Manager.
D. 
This section shall be implemented, construed and subject to the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.A. 43:15C-1, et seq.) as amended from time to time, and any regulations or guidance documents from the Local Finance Board or the Division of Pensions and Benefits.
A. 
Legislative declarations and findings. The Township Council finds and declares that:
(1) 
The governing body of the Township of Wayne has a steadfast commitment of ensuring public trust and providing open government, transparency and disclosure of business relationships between Township employees and contractors who perform services or provide goods to the Township; and
(2) 
The governing body of the Township of Wayne recognizes its fiduciary duty to the taxpayers of the Township of Wayne; and
(3) 
Municipalities have the right to establish rules and regulations for employment with the municipality; and
(4) 
In order to ensure the public trust and to provide open government, the governing body is desirous of requiring all employees of the Township of Wayne and/or their immediate family members to fully disclose any direct and/or indirect business relationship with contractors, including their officers, agents, representatives, employees and/or immediate family members during the term of their employment with the Township.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BUSINESS RELATIONSHIP
An employer-employee relationship, a sharing of profits and or losses, a direct or indirect pecuniary interest, a shareholder and/or bond interest and/or any other promise to provide any type of consideration between the contractor and/or a member of their immediate family and an employee and or a member of their immediate family.
CONTRACT
Any agreement, including but not limited to a purchase order, voucher or a formal agreement, which is a legally binding relationship enforceable by law, between a vendor who agrees to provide or perform goods or services and a contracting unit which agrees to compensate a vendor, as defined by and subject to the terms and conditions of the agreement.
CONTRACTOR
The business entity, corporation, partnership, firm, enterprise, franchise, association, trust, sole proprietorship, union or other legal entity, or individual, all officers, agents, representatives, employees, vendors and/or immediate family members of the business entity which conducts business with the Township.
EMPLOYEE
Any person, whether compensated or not, whether part-time or full-time, employed by or serving the Township of Wayne.
MEMBER OF THEIR IMMEDIATE FAMILY
The spouse, parent or dependent child of an employee residing in the same household.
C. 
Business interest disclosure certification requirements.
(1) 
Unless specifically authorized by the Mayor and Business Administrator, no employee of the Township may have a business relationship with a contractor who conducts business with the Township.
(2) 
All employees as well as elected and appointed officials of the Township of Wayne shall upon being hired, appointed or elected disclose all business relationships with contractors on a form to be provided by the Township and submitted to the Township Clerk. Full disclosure and submission of the disclosure form is a mandatory requirement, and the failure to submit the form will result in disciplinary action.
(3) 
The certification of disclosure of business interest shall set forth the following:
(a) 
Name of employee.
(b) 
Address of employee.
(c) 
A statement certifying that as of the date of the certification and during the term of employment, the employee and members of his/her immediate family, as defined herein, do not to the best of their knowledge have a business relationship with a contractor conducting business with the Township or their immediate family members, as set forth in the certification and, that all statements contained in said certification are true and correct, under penalty of perjury and made with full knowledge that the Township of Wayne will rely upon the statements as a condition of employment.
(d) 
In the event that a business relationship exists, the employee shall fully disclose the nature of said relationship, the duration and dates of relationship.
(e) 
A statement acknowledging that if any facts contained in the certification change during the term of employment the employee shall have an affirmative duty to supplement these certifications and fully set forth any such changed circumstances within 30 days of such change.
(4) 
The existence of a business relationship shall not alone, act to bar the employee from employment with the Township of Wayne. Identifying said business relationship is done with the spirit and intent for transparent and open government in the Township of Wayne.
(5) 
Upon receipt of the aforementioned certification, the Mayor and Business Administrator may provide a waiver to any employee who discloses a business relationship with a contractor where the Mayor and Business Administrator, in their sole discretion find that the business relationship does not rise to the level of a conflict of interest, is sufficiently isolated from the functions and duties of the employee's employment and does not have a tendency to affect independence of judgment. Under no circumstances shall a business relationship of an immediate family member be deemed to preclude an employee from employment so long as the affected employee does not violate the State Code of Ethics and does not fail to disclose the same as per this section.
[Ord. No. 53-2014]
Employees are permitted to accept permanent outside employment, provided that there is no possibility that such employment will interfere with an employee's performance or compromise an employee's position through a conflict of interest. Before accepting such permanent outside employment, an employee shall advise and obtain prior approval from his/her department head, in writing, of the place of such employment, hours of work and such other information as may be established by said department head.
[Ord. No. 53-2014]
Subject to the approval of the Business Administrator and Mayor, a department head may establish written regulations affecting the personnel and internal operations of his/her department; provided, however, that such departmental regulations shall not conflict with any of the provisions of this chapter, Collective Bargaining Agreement and/or Township Handbook.
[Ord. No. 53-2014]
All elected officials, all members of the Board of Adjustment, Planning Board, Economic Development Commission, Construction Board of Appeals and Environmental Commission as provided in Article XIX hereof and all department and division heads shall file, within two weeks after this section becomes law, with the Township Clerk, an affidavit, in writing, in a form to be predicated by resolution of the Township Council, which shall be available to the public, setting forth all real property within the Township, referred to by lot and block as set forth on the Official Township Tax Assessment Map, in which such person or the members of his or her immediate family possess an interest, or interest in any corporation, partnership, trade name, firm or other entity which possesses an interest in real property within the Township, and within two weeks after acquiring such an interest during the ensuing years, file a supplemental affidavit indicating such subsequent acquisition.
If any person in the above-mentioned groups is required to complete a financial disclosure statement in accordance with N.J.S.A. 40A:9-22.1 et seq., they will be exempt from completing the disclosure required in this section.
[Ord. No. 53-2014]
A. 
Members of all boards, committees and commissions of the Township of Wayne appointed by the Mayor alone, by the Mayor with the consent of the Council or by the Council alone shall serve for the length of their terms or until their successors are appointed or appointed and confirmed, as the case may be, whichever is later. This paragraph shall not apply to those boards or commissions created by state statute where the statutory provisions are contrary to this paragraph.
B. 
Pursuant to the authority provided by N.J.S.A. 40A:9-12.1, the Township Council declares that in the case of a member of a board, committee, commission, authority or other agency, whenever the member, without being excused by a majority of the authorized members of such body, fails to attend and participate at meetings of such body for a period of 6 consecutive weeks, or for 3 consecutive regular meetings, whichever shall be of long duration, at the conclusion of such period, provided that such body shall notify the appointing authority in writing of such determination; provided, further, that such board, committee, commission, authority or other agency may refuse to excuse only with respect to those failures to attend and participate which are not due to legitimate illness.
[Ord. No. 53-2014]
A. 
This section shall apply to all elected or appointed officials, employees, employees of any board, commission, department, division, committee or agency, whether paid or unpaid, full-time or part-time, whether created by the governing body of the Township of Wayne or appointed by any of its officials or administrators;
B. 
No person to whom this section is applicable shall, in the course of his or her employment or in connection with such work or employment, in any calendar year, accept, take or receive a gift or gifts or other thing of value from a Township vendor and/or a potential vendor, including meals and the like, of a total cumulative value in excess of $25;
C. 
The aforementioned prohibitions shall not apply to the acceptance or exchange of gifts between persons to whom this section is applicable.
D. 
For the purposes of this section, a discount on the purchase of services or products which is extended to all municipal employees, with advanced written notice to the Administration, shall not be considered to be a gift, even if its cumulative discount exceeds $25 in any given calendar year.
E. 
For the purposes of this section, a campaign contribution and/or donation, in kind or otherwise, made to an official election or reelection campaign, committee and/or account of a municipal official or employee shall not constitute a gift.
[Ord. No. 22-2014]
A. 
All employees who receive compensation from the Township of Wayne are mandated to have direct deposit of their compensation as of July 1, 2014 in accordance with N.J.S.A. 52:14-15f(b).
B. 
Seasonal and temporary employees who are employed by the Township of Wayne are exempt from the direct deposit mandate in accordance with N.J.S.A. 52:14-15f(b).