All employees, officers and department heads
of the Borough shall be appointed and promoted by the governing body,
except where the power to appoint has been delegated to a subordinate
board by the Mayor and Council or by operation of law. No person shall
be employed under the provisions of this chapter unless there shall
exist an office or position created by statute or ordinance, except
that clerical and secretarial positions will be filled, as needed,
without having to be created by ordinance; and, further, provided
that the necessary budget appropriation for the office or position
has been adopted by the Mayor and Council in the municipal budget
and is specified in the Salary Ordinance.[1]
An applicant for employment by the Borough shall
file an application, on a form provided by the Borough, which form
shall be approved by the Mayor and Council. The application shall
be filed with the Personnel Administrator. The Personnel Administrator
shall retain the original application and forward the copy to the
appropriate appointing authority. The application shall become a part
of the personnel file of the applicant upon employment by the Borough.
The Borough may require all applicants for employment,
prior to employment, to successfully pass a physical examination consistent
with the Americans With Disabilities Act to assure that the work required
to be performed will not cause injury to the employee and that the
person is physically fit to meet the requirements of the employment.
The appointing authority may require periodic physical examinations
for employee's ability to perform the duties of employment satisfactorily.
All physical examinations shall be by a physician chosen from a panel
of physicians designated by the Mayor and Council, at the expense
of the Borough.
A.
Whenever a new position is created or whenever a vacancy
occurs which necessitates the hiring of a new employee, the head of
that department shall supply the Borough Personnel Administrator with
a written job description. The Borough Personnel Administrator shall
advertise the job opening at least once in a newspaper of general
circulation. The personnel officer shall have the authority to advertise
the job opening in any other periodical or media he or she believes
is most likely to attract qualified applicants. The appointment shall
be made to the applicant whose attributes and qualifications best
meet the Borough's needs. Photocopies of all job applications shall
be kept on file with the Borough Personnel Administrator.
B.
In making decisions with respect to employment matters,
the Borough:
(1)
Shall not discriminate against an otherwise qualified
individual with a disability.
(2)
Shall make reasonable accommodations to allow an otherwise
qualified individual to perform the essential function of the job.
(3)
Shall not make improper inquiry regarding medical
matters during the application process.
A.
The Mayor and Council shall determine the salary of
every employee, subject to the provisions of this chapter, by the
adoption of a Salary Ordinance annually. The Mayor and Council shall
fix the method of payment of salary in the Salary Ordinance to be
adopted. Where salary ranges are provided in the ordinance, actual
salary may be set by resolution.[1]
B.
Overtime. The Borough Clerk, Tax Collector, Treasurer,
Chief of Police and Superintendent of the Department of Public Works
shall not be entitled to overtime pay or compensatory time off for
any overtime work, except that compensatory time off may be allowed
with the approval of the Mayor and Council. All other officers and
employees who shall work in excess of 40 hours in any week shall be
entitled to compensatory time off, except that the Mayor and Council,
in its discretion and subject to budget limitations, may authorize
overtime pay to such officers and employees at their prevailing wage
in lieu of the compensatory time off.
C.
The yearly Salary Ordinance shall be considered part
of this chapter. The Salary Ordinance shall list the job title, and
the salary of each salaried job title.
D.
Longevity pay. In addition to the compensation determined
by resolution of the Mayor and Council, each full-time officer and
employee shall be entitled to longevity pay at the rate of 1% for
each three years of full-time employment to a maximum of 10%, payable
on and after January 1 of the year following the appropriate anniversary
of employment.
The Mayor and Council may abolish an office
or position and reduce the number of personnel employed by the Borough
for reasons of economy or efficiency. In the event that the office
or position of an employee with tenure is abolished, said employee
may be reassigned to a position which said employee is qualified to
perform. If such a tenured employee is not qualified to perform an
available position, then said employee may be dismissed from the service
of the Borough, but the employee shall have the right, upon application,
to be reinstated in the first available position that said employee
shall be qualified to perform, subject to the requirements of an applicant
for original employment.
A.
A full-time regular employee is one who is employed
on a contemplated permanent basis and regularly performs assigned
recurring duties a minimum of 35 hours each week, whether paid on
an hourly or annual salary basis.
B.
Employees shall punch in when coming on duty, including
after lunch and when called back for overtime, and punch out when
going off duty, including before lunch and after overtime. Employees
do not need to punch in and out for lunch if they do not leave the
Borough Hall. Lunchtime and overtime requirements will not apply to
superintendents.
C.
All time cards of nonsupervisory personnel shall be
approved by their supervisors, and administrators' cards shall be
approved by the head of the department.
D.
No employee may punch in or punch out another employee's
time card.
[Amended 2-3-2022 by Ord. No. 1-22]
A.
Due to the emergency nature of the work of the Police
Department, the provisions of this section shall not be applicable
to members of that Department.
B.
The following official holidays, with pay, for all
regular full-time employees shall be observed by the Borough: New
Year's Day, Martin Luther King Jr. Day, President's Day, Good Friday,
Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's
Day, Thanksgiving Day, day after Thanksgiving, Christmas Eve and Christmas
Day.
C.
Where it is necessary to maintain service requiring
an employee to work on an official holiday, such employee shall be
compensated by being permitted to take an equal amount of time off,
with pay, on a regular working day approved by the department head.
A.
Annual vacations with pay shall be given regular full-time
employees with the exception of the Police Department or any other
department that has a collective bargaining agreement with the Borough,
on the following basis:
(1)
During the first year of continuous employment, five
workdays after six months of employment. No vacation benefits shall
accrue in the first six months of employment.
(2)
During the second year of continuous employment, 10
workdays after 18 months of employment.
(3)
During the third year of continuous employment, 10
workdays.
(4)
During the fourth year of continuous employment, 11
workdays.
(5)
During the fifth year of continuous employment, 12
workdays.
(6)
During the sixth year of continuous employment, 13
workdays.
(7)
During the seventh year of continuous employment,
14 workdays.
(8)
During the eighth year of continuous employment, 15
workdays.
(9)
During the ninth year of continuous employment, 16
workdays.
(10)
During the tenth year of continuous employment, 17
workdays.
(11)
During the eleventh year of continuous employment,
18 workdays.
(12)
During the twelfth year of continuous employment,
19 workdays.
(13)
Upon completion of the twelfth year of continuous
service, 20 workdays.
(14)
Upon completion of the fifteenth year of continuous
service and thereafter, 21 workdays.
B.
Supervisors shall be responsible for allocating individual
vacation days or weeks so that the activities of the Borough shall
be carried on with a minimum of delay or inconvenience. Insofar as
possible, the employee with the longest continuous service shall have
preference in the assignment of vacation periods.
C.
Employees, subject to the approval of the director
of the department, may take vacation leave, from time to time, during
the fiscal year in half days, provided that the director of the department
shall advise the Personnel Administrator, by written memorandum, of
said vacation arrangement prior to the employee taking said vacation.
Employees shall be required to take the annual vacation allotted to
each employee during the fiscal year, except that for extenuating
circumstances a maximum of two days may be carried over with consent
of the Mayor and Council.
D.
All vacation time shall be used in the current year
and may not be accumulated.
E.
Unless specifically authorized by the Mayor and Council
in advance, extra compensation shall not be allowed in lieu of unused
vacation leave as it is desired that each employee take advantage
of the authorized annual vacation period for health, rest, relaxation
and pleasure.
[Amended 8-8-2007 by Ord. No. 11-07]
An employee shall be entitled to 12 days of
paid sick leave per year. Unused sick leave shall be cumulative during
the employee's period of service. An employee absent on sick leave
for three consecutive working days may be required to file a certificate
from the employee's physician with the Personnel Administrator before
being allowed to return to work. An employee absent on sick leave
for a period of 10 consecutive working days shall, if required, submit
to an examination by a physician designated by the Mayor and Council
at the expense of the Borough. For any employee whose period of service
began prior to July 1, 2007, sick days may accumulate up to 180 days,
and if an employee has accumulated at least 120 sick days when due
to retire, the employee may leave the Borough's employ prior to the
scheduled date of retirement. Such early sick leave shall be granted
with full pay at the rate of one day for each day of accumulated sick
leave. Any employee whose period of service began after July 1, 2007,
shall not be entitled to accumulated sick days.
[Added 5-9-2001 by Ord. No. 6-01]
All full-time employees of the Borough, exclusive of exempt personnel in § 16-6, shall be entitled to two personal days per year, effective for the 2001 calendar year.
When a full-time Borough employee is injured
in the line of duty, the Mayor and Council may pass a resolution giving
the employee up to one year's leave of absence with pay. The determination
of whether such leave is granted is committed to the sole and exclusive
discretion of the governing body. When such action is taken, the employee
shall not be charged any sick time for time lost due to such particular
injury. An employee who is hurt in the line of duty is covered by
the Workers' Compensation Laws of the State of New Jersey.[1] Absence resulting from work-related illness or injury
incurred during employment and covered by the Workers' Compensation
Laws of New Jersey shall not be charged against sick leave. During
such absence, an employee's salary shall be the difference between
his or her regular salary and the amount received from workers' compensation.
[1]
Editor's Note: See N.J.S.A. 34:15-1 et seq.
A.
Provisions; definitions.
(1)
Pursuant to the Family and Medical Leave Act of 1993
(FMLA), which became effective August 5, 1993, employees of the Borough
of Upper Saddle River who have worked for the Borough for at least
12 months and have worked at least 1,250 hours over the previous 12
months are eligible for unpaid job-protected leave of up to 12 weeks
each year for family and medical reasons. An unpaid leave may be taken
for the following purpose:
(a)
The birth of an employee's child and the care
of the child. This provision is applicable to both mothers and fathers.
(b)
The placement of a child with the employee for
adoption or foster care.
(c)
The care of the employee's spouse, child or
parent who has a serious health condition.
(d)
A serious health condition that renders the
employee unable to perform his job.
(2)
Under the FMLA, a child includes biological, adopted
and foster child, stepchild, legal ward or a child of a person acting
in the capacity of a parent. The term "parent" includes biological
parents as well as a person who acted in the capacity of a parent
towards the employee. Siblings and in-laws are not covered by the
act. A "serious health condition" means a mental or physical illness,
injury or impairment which involves inpatient care at a medical care
facility or continuing treatment by a health care provider. Additionally,
an employee's serious health condition means the employee is unable
to perform the functions of his job.
(3)
It is not required that the leave be taken all at
one time. Intermittent leave or reduced leave (less than 12 weeks)
can be taken if the employee or a covered relative has a serious health
condition, provided that intermittent or reduced leave is medically
necessary. In addition, an employee with more than one qualifying
event within a twelve-month period is not entitled to a separate twelve-week
leave period for each event.
B.
Procedure. The employee shall be required to submit
to the Personnel Administrator a written notice that leave will be
taken, indicating the amount of leave to be taken and the reason for
the leave. If the leave involves illness, a medical certification
shall be submitted along with the leave notice.
(1)
Said certification shall include:
(a)
The date on which the serious health condition
commenced.
(b)
The probable duration of the condition.
(c)
The appropriate medical facts within the knowledge
of the health care provider regarding the condition.
(d)
Where applicable, a statement that the employee
is needed to care for a covered relation and the amount of time needed
to care for said person.
(2)
Intermittent or reduced medical leave certifications
shall state:
(a)
The dates on which treatment is expected to
be given and the duration of such treatment.
(b)
A statement of the medical necessity for the
intermittent or reduced leave schedule and expected duration.
(c)
Where applicable, a statement that an intermittent
or reduced leave schedule is necessary to care for a covered relation
or will assist in the recovery and the expected duration and schedule
of the leave.
C.
The Borough may require subsequent recertification
on a reasonable basis. Failure to provide any certification is grounds
for denial of the leave. If the Borough has doubt as to the validity
of the certification provided, the Borough may require, at its expense,
that the employee obtain a second opinion from a health care provider
selected by the Borough. If the second opinion differs from the first,
a third mutually agreeable health care provider shall be selected,
whose opinion shall be binding.
D.
If the leave is foreseeable, the employee shall be
required to provide at least 30 days' notice prior to the leave beginning.
E.
The Borough has the option of requiring that an employee
utilize accrued vacation, sick and personal leave time for leaves
under the FMLA.
A.
Any full-time employee 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
pay for the period of such training as is authorized by law. The paid
leave of absence shall be in addition to his/her vacation.
B.
When an employee, after one year's service with the
Borough, has been called to active duty or inducted into the military
or naval forces of the United States, he/she shall automatically be
granted an indefinite leave of absence without pay for the duration
of such active military service. Each employee may be reinstated,
without loss of privileges or seniority, provided that he/she reports
for duty with the Borough within 60 days following his/her honorable
discharge from military service.
C.
An employee required to render service as a juror
in either state or federal court shall be entitled to be absent from
employment on the days that said employee is required to serve and
shall be paid his/her salary for said absent days, provided that moneys
received for said service by the employee shall be deducted from the
regular salary received from the Borough.
Employees shall be granted five paid days off
upon a death in their immediate family (mother, father, brother, sister,
spouse and children) and three days for in-laws or grandparents.
A leave of absence without pay may be requested
by any employee who shall submit, in writing, all facts bearing on
the request to his supervisor who shall, with his recommendations,
forward the request to the Borough Council. The Borough Council shall
consider each such case on its merits and without establishing a precedent.
No leave of absence without pay shall be granted for more than six
months.
Members of the Department of Public Works (DPW)
shall conduct a standby emergency schedule from December 1 to April
1, on weekends, for emergencies and shall be compensated for such
duty in accordance with the current agreement between the Borough
of Upper Saddle River and the DPW.
A.
Members of the Police Department participating in
the Educational Incentive Program shall enter into an agreement to
remain in the Police Department for a period of two full years following
completion of the last academic semester for which credits are earned
and reimbursement and additional compensation awarded. In the event
such service is not completed, the recipient shall be obligated to
repay the full amount of additional compensation and reimbursement
received by him under this program during the twenty-four-month period
immediately preceding his resignation or termination of employment
with the Police Department. Service for a partial period of the two
years' service obligation will not be considered as satisfying the
two-full-year service obligation.
B.
The date for determining the completion of a course
of study shall be the date indicated on the transcript from the institution
granting the credits.
C.
Period of ineligibility. No member of the Police Department
shall accept or receive additional compensation or tuition reimbursement
for any credit hours earned within the period of 60 months from said
member's mandatory retirement date.
D.
Suspension from participation. Any member of the Police
Department who shall, after proper charges and hearing as required
by law, be found in violation of any rules and regulations of the
Police Department, may, in addition to any other penalty provided,
be suspended from participating in the program for such period of
time as deemed proper by the Mayor and Council.
[Added 3-11-1998 by Ord. No. 7-98; amended 10-14-1998 by Ord. No. 20-98]
Except when statutory requirements direct otherwise,
all new employees shall be considered as probationary for a minimum
of six months.
[Added 10-14-1998 by Ord. No. 15-98]
A.
The Borough will provide costs of educational courses
to eligible employees, as recommended by the department head and approved
by the governing body.
B.
Employees who attend approved courses and voluntarily
leave to accept a governmental position where the specific training
is a prerequisite, a significant requirement or in any way related
to the position must reimburse the Borough the cost of the courses,
as follows:
(1)
Voluntarily leaves within one year of completing courses:
100%.
(2)
Voluntarily leaves after one year, but less than two
years: 80%.
(3)
Voluntarily leaves after two years, but less than
three years: 60%.
(4)
Voluntarily leaves after three years, but less than
four years: 40%.
(5)
Voluntarily leaves after four years, but less than
five years: 20%.
C.
Educational costs shall include tuition only and shall
not apply to other costs, such as mileage, unless specifically approved
by the Borough Administrator.
[Added 10-10-2001 by Ord. No. 16-01]
The following policies shall apply to any official
or employee who is approved to attend the annual conference of the
League of Municipalities:
A.
The Borough will pay for a maximum of two nights'
lodging.
B.
A maximum of $200 will be allowed for expenses by
attendee and guest, including, but not limited to, mileage, tolls,
food, parking, local transportation and gratuities.
C.
The Borough will pay all fees and related costs, including,
but not limited to, registration fees, service costs and textbooks.
D.
In order to receive reimbursement, documentation will
be required for all expenses.
[Added 10-10-2001 by Ord. No. 16-01]
The following policy shall apply to any lifetime
member of the Fire Department attending the annual Firemen's Convention:
A.
Approval of attendance of each lifetime member shall
be required by action of the Mayor and Council.
B.
A maximum of $200 will be allowed for expenses by
attendee and guest, including, but not limited to, lodging, mileage,
tolls, food, parking, local transportation and gratuities.
C.
An additional $200 maximum will be allowed to the
Fire Chief only.
D.
Documentation for all expenses will be required upon
return from convention. Any monies not documented must be returned
to the Borough.
[Added 10-10-2001 by Ord. No. 16-01]
Unless otherwise approved by the Mayor and Council,
the following policy shall apply to any official or employee who is
approved to attend other conferences, conventions or seminars:
A.
The Borough will pay for a maximum of two nights'
lodging.
B.
A maximum of $150 will be allowed for expenses by
attendee and guest, including, but not limited to, mileage, tolls,
food, parking, local transportation and gratuities.
C.
The Borough will pay all fees and related costs, including,
but not limited to, registration fees, service costs and textbooks.
D.
Documentation will be required for all expenses.
