[HISTORY: Adopted by the Township Committee
of the Township of Freehold 5-26-1969 (Ch. V of the Revised General
Ordinances), as amended through Ord. No. 02-21. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 2.
[Amended 5-24-2022 by Ord. No. O-22-8]
This chapter and all its provisions shall at all times be subject
to the Civil Service Commission Rules of the State of New Jersey,
which prescribe basic minimum standards. To the extent that this chapter
should at any time and in any particular provide standards less liberal
than those embodied in the Civil Service Commission Rules of the State
of New Jersey, the latter rules shall be deemed applicable. To the
extent, however, that the provisions of this chapter contain benefits
or provisions more liberal than the minimum requirements of the Civil
Service Commission Rules of the State of New Jersey, the provisions
of this chapter shall control.
A.
Declaration of policy. The Township Committee hereby
declares the following principles to constitute the personnel policy
of the Township:
(1)
The New Jersey State Civil Service Commission Law
and the Civil Service Commission Rules of the State of New Jersey,
which shall be applicable to municipalities in the state, provide
the basic framework for employment in the Township government.
[Amended 5-24-2022 by Ord. No. O-22-8]
(2)
Employment in the Township government shall be based
on merit and fitness free of personal and political considerations.
(3)
Just and equitable incentives and conditions shall
be established and maintained in order to promote efficiency and economy
in the operation of the Township government.
(4)
Positions with similar duties and responsibilities
shall be classified and compensated on a uniform basis.
(5)
Appointments, promotions and other personnel actions
requiring the application of the merit principle shall be based on
systematic tests and evaluations of knowledge and performance, carried
out through the Township's participation in the New Jersey State Civil
Service Commission.
[Amended 5-24-2022 by Ord. No. O-22-8]
(6)
Every effort shall be made to stimulate high morale
by fair administration of this chapter, and by consideration of the
rights and interests of employees, consistent with the best interest
of the public and the Township.
(7)
Continuity of employment shall be subject to good
behavior, satisfactory performance of work, necessity for the performance
of work and availability of funds.
(8)
In any case where either the eligibility for an employment benefit
or the amount of any employment benefit depends on longevity of service
to the Township, it shall be understood that it must be continuous,
uninterrupted service.
[Added 4-24-2012 by Ord. No. O-12-5]
B.
Power of appointment. All employees, police officers
and department heads of the Township shall be appointed and promoted
by the Administrator except where the power to appoint rests with
other Township boards or bodies as provided for herein or by general
law or ordinance.
C.
Allocation of offices and positions to classified
or unclassified service. All offices and positions of the Township
shall be and are hereby allocated to the classified service or unclassified
service.
(1)
Unclassified service. The unclassified service shall
include the following:
(a)
All elected officials and members of citizen boards
and committees.
(b)
The Municipal Administrator, Township Clerk, Attorney,
Engineer, Auditor and Treasurer.
[Amended 5-24-2022 by Ord. No. O-22-8]
(c)
Volunteer personnel and personnel appointed to service
without compensation.
(d)
Consultants and counsel rendering temporary professional
service.
(e)
All other offices or positions that are so classified
by Rule 7(2) of the Civil Service Commission Rules of the State of
New Jersey.
[Amended 5-24-2022 by Ord. No. O-22-8]
(f)
Tax Assessor and Deputy Tax Assessor.
[Added 12-16-2003 by Ord. No. O-03-32; amended 5-24-2022 by Ord. No. O-22-8]
(g)
Executive Secretary.
[Added 12-16-2003 by Ord. No. O-03-32]
(h)
Confidential aide.
[Added 12-16-2003 by Ord. No. O-03-32]
(i)
Director of Finance/Chief Financial Officer.
[Added 12-16-2003 by Ord. No. O-03-32]
(j)
Deputy Municipal Clerk.
[Added 12-16-2003 by Ord. No. O-03-32]
(k)
[1]Tax Collector/Tax Search Officer.
[Added 12-16-2003 by Ord. No. O-03-32]
[1]
Editor's Note: Former Subsection C(1)(k), Director of Welfare,
was repealed 5-24-2022 by Ord. No. O-22-8. This ordinance also renumbered
former Subsection C(1)(l) through (t) as Subsection C(1)(k) through
(q), respectively.
(l)
Deputy Municipal Administrator.
[Added 12-16-2003 by Ord. No. O-03-32]
(m)
Purchasing Agent.
[Added 12-16-2003 by Ord. No. O-03-32]
(n)
[2]Municipal Court Administrator.
[Added 12-16-2003 by Ord. No. O-03-32; amended 5-24-2022 by Ord. No. O-22-8]
[2]
Editor's Note: Former Subsection C(1)(o), Research Scientist,
was repealed 5-24-2022 by Ord. No. O-22-8. This ordinance also renumbered
former Subsection C(1)(p) through (t) as Subsection C(1)(n) through
(q), respectively.
(o)
Municipal Court Judge.
[Added 12-16-2003 by Ord. No. O-03-32; amended 5-24-2022 by Ord. No. O-22-8]
(p)
Secretary, Board/Commission.
[Added 12-16-2003 by Ord. No. O-03-32]
(r)
Special Law Enforcement Officer Class I, II and III.
[Added 5-24-2022 by Ord. No. O-22-8]
(2)
Classified service. The classified service shall include
all other positions in the Township service that are not specifically
placed in the unclassified service by the above provisions of this
subsection, or which are excluded from the classified service by Rule
7(2) of the Civil Service Commission Rules of the State of New Jersey.
[Amended 5-24-2022 by Ord. No. O-22-8]
[Amended 5-24-2022 by Ord. No. O-22-8]
A.
The Administrator shall, as part of the ongoing operational
personnel structure, make or cause to have made an analysis of the
duties and responsibilities of all part-time and full-time positions
in the Township, except his own position. The Administrator shall
assign each position to an appropriate class and an appropriate civil
service title, commensurate with his/her analysis and classification
of each position. Positions and titles shall conform to the descriptions
and limitations of each civil service job description, and be consistent
with the educational and experience requirements listed therein.
B.
Basis of position classification. Each position shall
be assigned or allocated to an appropriate job classification on the
basis of the kind and level of its duties and responsibilities to
the end that all positions in the same classification shall be sufficiently
alike to permit the use of a single descriptive title, the same tests
of competence and the same salary range, thus carrying out the basic
principle of classification which is equal pay for equal work. A job
classification may contain one position or a number of positions.
The Administrator shall from time to time review the Township's
organizational structure with the Township Committee and suggest changes,
appropriately detailing the classification and title changes that
would be consistent with the changes. When the NJ Civil Service Commission
performs a title consolidation, where several classified titles are
merged into a single title, The Administrator shall review the personnel
and titles that have been changed, and adjust the classifications
and titles as required to reestablish the proper organizational structure.
C.
Changes in classification and organizational structure.
(1)
Classifications may be amended from time to time by
the Township Committee, or the Administrator. Such changes may result
from the need for creating new positions, changes in organization
or changes in assigned duties and responsibilities and will be affected
in cooperation with the rules and regulations of the New Jersey Civil
Service Commission, Title 4A.
(2)
The Administrator shall review all requests for creation
of new positions, the abolition or consolidation of present positions,
reclassification of positions to different job classes or the reallocation
of positions to new salary ranges.
(3)
The
Administrator shall study the current duties and responsibilities
of the position concerned and make recommendations from time to time
to the Township Committee that the appropriate action necessary to
insure the correct classification and allocation of the position be
taken.
(4)
Each department head shall report to the Administrator
any changes in their organization or assignment of duties and responsibilities
to a given employee which would result in changes in the Position
Classification Plan or in the classification of any of the positions
in his department.
(5)
An employee may submit a request in writing to the
Administrator at any time for a review of the duties and responsibilities
of his position. Such a request shall be submitted through his department
head and shall include the employee's own description of his current
duties and responsibilities. The Administrator shall then make an
investigation of the position to determine its correct allocation.
He shall report his findings in writing to the Committee and shall
furnish a copy to the employee requesting the review and to his department
head.
(6)
An employee may submit a request for a review of the
duties and responsibilities of his position directly to the Merit
Service Board of the State of New Jersey.
D.
Abolishment of position. A position may be abolished
or the number of personnel reduced by the Administrator for reasons
of efficiency and/or economy or because of reorganization within a
department or because of a shared service meeting the definitions
under New Jersey Statutes. A permanent employee must receive written
notice of such action 45 days prior to its effective date. In the
Police Department such events shall be governed by the provisions
of N.J.S.A. 40A:14-118 et seq. Every effort shall be made by the Administrator,
in cooperation with the Civil Service Commission of the State of New
Jersey, to reassign any affected permanent employee to another position
in the Township service for which the employee may be qualified. Township
employees subjected to layoffs shall be placed on a list by the Civil
Service Commission with addressed right to new positions in the Township
as the need may arise, governed by the rules of the Commission for
Special Re-employment Lists.
[Amended 5-24-2022 by Ord. No. O-22-8]
A.
Salaries
shall be in accordance with the Salary Ordinance adopted annually
by the Township Committee. Each year, the Administrator shall analyze,
or cause to be analyzed, the proposed salary needs for the upcoming
year, including any departmental or organizational changes, step increases
under employment agreements or collective bargaining agreements, and
recommend to the Township Committee the required changes in the salary
ordinance for the upcoming year. Subsequent to the adoption of an
annual Salary Ordinance, the Township Committee shall adopt a salary
resolution at their reorganization meeting or immediately thereafter,
setting the exact salaries of all Township Positions.
(1)
In accordance with § 2-51, the Administrator shall cause to be paid, those salaries set forth in the salary resolution, with amendments as required for the reasons of, but not limited to, existing agreements, promotions, statutory changes, shared services, departmental reorganizations, replacement of personnel, or new hires. These changes shall be reported to the Township Committee in an aggregate and amended salary resolution.
B.
New appointments. A new employee shall be paid within
the confines of the approved salary range of the position for which
they were hired, commensurate with their relative experience and scale
of meeting the requirements of the job description for the position
to which they have been appointed.
C.
Demotions. An employee demoted for disciplinary reasons
to a classification having a lower salary range shall receive a salary
as specified by the Administrator but which shall not exceed the maximum
step of the new range.
D.
Temporary appointments. When a vacancy is filled by
a temporary appointment the employee shall be paid at the minimum
of the approved salary range for the position. In exceptional cases
the Administrator may make an appointment at a rate above the minimum
but not in excess of one step below the maximum.
E.
Reinstatements. When an employee is reinstated within
two years following a layoff to a position in the same classification,
they shall enter the position at the same salary in the salary range
as he received in his previous position. The employee's service shall
be considered continuous for the purpose of promotion, seniority,
layoff, and vacation except following a dismissal.
F.
Re-employment. When an employee is re-employed following
a resignation in good standing to a position in the same classification,
they shall enter the position at the minimum rate of the salary range
for the position. However, if their resignation has been of less than
one-year duration, they shall enter the position at the same salary
which they held at the time of his resignation. Seniority from past
employment with the Township will be lost in this instance, and employment
considered noncontinuous, unless otherwise authorized by the Administrator
by agreement.
G.
Transfer. If an employee transfers into another classification
within the Township, he shall not lose vacation or sick leave credits.
A.
Basis for original appointment. Original appointments
to vacancies in the 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. Noncompetitive titles shall
be appointed as entry-level positions and shall follow the NJ Civil
Service Commission requirements for noncompetitive titles.
[Amended 5-24-2022 by Ord. No. O-22-8]
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 Administrator. Such temporary appointments shall have a duration
of six months and may be extended for a period of six additional months
in accordance with Civil Service Regulations.
[Amended 5-24-2022 by Ord. No. O-22-8]
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 must possess minimum qualifications established
for the vacant position.
D.
Physical examination. 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. The Township Administrator shall designate which positions
will require these examinations.
[Amended 5-24-2022 by Ord. No. O-22-8]
E.
Probationary period.
(1)
All employees appointed permanently to the classified
service shall serve a probationary period of 90 days. At the expiration
of the probationary period, the Administrator 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, temperament and habits relating to their employment,
as not to merit continuance in the service of the Township. In every
case, the Administrator shall notify the employee in writing of the
discontinuance in accordance with civil service rules, and shall forward
a copy of the notice to the Department of Civil Service of the State
of New Jersey. In certain circumstances, and in accordance with Title
4A, the probationary period may be extended for an additional 90 days
to allow for a longer period of evaluation.
[Amended 5-24-2022 by Ord. No. O-22-8]
(2)
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.
(3)
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. The ninety-day probationary period does not
commence for a police officer until he has completed such recognized
police training program.
F.
Permanent status. Classified employees who satisfactorily
complete their probationary period shall have permanent employment
status, conditioned upon good behavior and satisfactory job performance.
They shall be subject to removal by the Administrator only for cause
or for reason of economy, after proper notice and the opportunity
to be heard, as set forth under the Civil Service Commission Rules
of the State of New Jersey.
[Amended 5-24-2022 by Ord. No. O-22-8]
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,
at the sole discretion of administration or Township Committee. The
incumbent in the reclassified position may be permitted to serve pending
promotional procedures.
[Amended 5-24-2022 by Ord. No. O-22-8]
C.
Permanent promotions.
[Amended 5-24-2022 by Ord. No. O-22-8]
(1)
Vacancies shall be filled by utilizing competitive
promotional examinations, in accordance with the Civil Service Commission
Rules of the State of New Jersey.
(2)
Where the Administrator, after consultation with the
New Jersey Civil Service Commission, finds that no employee is qualified
for promotion to the vacancy, he may order competitive examination,
open to candidates outside the Township's employ. In post-examination
selection, the Administrator 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 Commission
of the State of New Jersey.
D.
Provisional promotions. Pending the availability of
a suitable eligibility list, the Administrator 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 Commission of the State
of New Jersey.
[Amended 5-24-2022 by Ord. No. O-22-8]
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 Administrator, 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.
[Amended 12-27-2005 by Ord. No. O-05-48]
(1)
Employees enrolled in the Public Employees Retirement
System or Police and Fire Retirement System of the State of New Jersey
are subject to the requirements and provisions of that plan.
[Amended 5-24-2022 by Ord. No. O-22-8]
(2)
[1]Medical benefits.
(a)
The Township will provide medical benefits upon eligibility
for retirement to any full-time or tenured employee who attained the
status as a full-time or tenured employee on or before December 31,
2009, and who shall have attained either of the following:
[Amended 12-22-2009 by Ord. No. O-09-40; 4-24-2012 by Ord. No.
O-12-5; 5-24-2022 by Ord. No. O-22-8]
(b)
Medical benefits will cover the employee and the employee's
spouse to the extent in effect at time of eligibility for such retirement.
(c)
In the event both spouses are eligible for benefits
under this subsection, the Township retains the discretion to determine
the coverage and plan to be provided. For example, the Township may
determine to provide a husband-and-wife plan to provide coverage to
both retirees, or it may determine to provide a single coverage plan
to each.
[Added 7-25-2006 by Ord. No. O-06-29]
(d)
When a retiree who qualifies for benefits under this
subsection becomes eligible for health care benefits coverage under
any federal plan, the benefit provided by the Township shall become
secondary coverage.
[Added 7-25-2006 by Ord. No. O-06-29]
[1]
Editor's Note: Former Subsections C(2) and (3), regarding
benefits upon retirement, were repealed 5-24-2022 by Ord. No. O-22-8.
This ordinance also renumbered former Subsection C(4) as Subsection
C(2).
D.
Resignation. An employee may resign from his position
by tendering a written resignation to his department director, who,
in turn, shall forward it to the Township Administrator. All resignations
shall be considered as binding but not as being a resignation in good
standing. Unless there are disciplinary charges pending against the
employee, the Township Administrator shall notify the employee 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 provide said notice may result in loss of
vacation and/or sick credits which may have accrued pursuant to this
chapter and the civil service rules and regulations.[2]
[2]
Editor's Note: Former Subsection E, regarding involuntary
separation, which immediately followed, was repealed 5-24-2022 by Ord. No. O-22-8.
A.
Pay periods. The Township normally shall pay its employees
on a semimonthly payroll schedule, that is, twice per month or a total
of 24 times annually.
[Amended 12-27-2005 by Ord. No. O-05-48]
B.
Computation of daily and hourly rates. As not all
payroll periods consist of the same number of days, the daily rate
of pay of each employee normally shall be 1/260th of his annual salary.
The hourly rate shall normally be computed by dividing the annual
rate by 2080. This calculation shall be set, regardless of any calendar
anomalies in a given year that may increase or decrease the numbers
of certain days, or days of the year, or the work hours set by a particular
position. agreement, schedule, or collective bargaining agreement.
[Amended 12-27-2005 by Ord. No. O-05-48; 5-24-2022 by Ord. No. O-22-8]
C.
Deductions for leave without pay. Deductions in salary for leave without pay shall be computed on the basis of daily rate as calculated in Subsection B, above.
[Amended 5-24-2022 by Ord. No. O-22-8]
D.
Compensation for overtime.
(1)
Employees, including members of the Police Department,
may be compensated for overtime work when the compensation has been
recommended by the department head and payment authorized by the Administrator.
In all instances overtime compensation shall commence only after the
employee has worked the full 40 hours during the workweek for which
overtime compensation is sought. Holidays and vacation days and sick
days may be counted toward the 40 hours for overtime. Authorized overtime
compensation shall be computed at an hourly rate equal to 1 1/2
times the equivalent hourly rate.
[Amended 5-24-2022 by Ord. No. O-22-8]
(2)
When an employee works a prescribed work week of less
than 40 hours, overtime pay shall be computed at the normal equivalent
hourly rate up to 40 hours after which the time-and-one-half provisions
would take effect.
[Amended 5-24-2022 by Ord. No. O-22-8]
(3)
For employees on specialized activities, working on
a two-week, eighty-hour basis, overtime pay of 1 1/2 times the
normal hourly equivalent shall take effect only after the employee
has worked 80 hours in a pay period. Employees working a prescribed
two-week pay period of less than 80 hours shall be paid overtime on
the basis of their normal equivalent hourly rate up to 80 hours, after
which the time-and-one-half provision would take effect.
(4)
Department heads are not eligible to receive overtime
compensation or compensatory time.
[Amended 5-24-2022 by Ord. No. O-22-8]
E.
Salary increments. Salary increments may be granted
to each employee effective January 1 of each year of employment with
the Township until the employee's salary has reached the maximum salary
provided for his position title. In the case of employees who will
have served less than one full year as of January 1, the salary increase,
if any, to be effective at that time shall be specified by the Administrator
at the time of employment.
[Amended 12-27-2005 by Ord. No. O-05-48; 5-24-2022 by Ord. No. O-22-8]
A.
Regular workweek. The official workweek of the Township
shall be a five-day, forty-hour week. The Township Committee, however,
may reduce the hours of work required of employees in specific departments
to not less than 35 hours per week. Time periods designated for lunch
shall not be considered in determining hours worked. It is recognized
that the duties of certain employees require attendance at evening
meetings, etc., and time spent at such meetings as part of the regular
duties of the employee shall not constitute overtime.
B.
Emergency. A department head may require any officer
or employee to be in attendance for work whenever he shall determine
that a public exigency or emergency so requires.
C.
Flex-time. Department heads may, with permission of
the Township Administrator, institute a flexible schedule. The schedule
shall be discussed and approved and shall constitute an understanding
that department heads work hours are routinely necessary outside of
the normal hours of work, and the ability to flex that time during
normal business hours is fair and reasonable. The practice shall be
at the sole discretion of administration, and will be limited to a
flexing of hours and not full days. The practice should be limited
and reasonable. Flex time may not be accumulated or accounted for
as "earned" and has no value.
[Amended 5-24-2022 by Ord. No. O-22-8]
D.
Additional personal leave. Additional leave without
pay may be granted by the Department of Administration, upon the request
of the employee, for up to 10 days in a calendar year, in one-day
increments.
A.
Not applicable to Police Department. Due to the emergency
nature of the work of the Police Department and due to the fact that
members thereof do not receive normal holiday allowances because of
the nature of their schedules and employment, the compensation for
holiday pay and/or holiday leave will be in accordance with the collective
bargaining agreements covering the respective types and rank of police
officers.
[Amended 5-24-2022 by Ord. No. O-22-8]
B.
Paid holidays.
(1)
The following official holidays with pay shall be
observed by the Township.
[Amended 5-24-2022 by Ord. No. O-22-8]
|
January 1, known as New Year's Day
| |
|
January 15, known as the Birthday of Martin
Luther King, Jr.
| |
|
February 12, known as Lincoln's Birthday
| |
|
The third Monday in February, known as President's
Day
| |
|
Good Friday
| |
|
The last Monday in May, known as Memorial Day
| |
|
July 4, known as Independence Day
| |
|
The first Monday in September, known as Labor
Day
| |
|
General Election Day
| |
|
The second Monday in October, known as Columbus
Day.
| |
|
The fourth Monday in October, known as Veteran's
Day
| |
|
The fourth Thursday in November, known as Thanksgiving
Day
| |
|
The Friday after Thanksgiving Day
| |
|
December 25, known as Christmas Day
|
(2)
If a holiday falls on a Sunday, it shall be observed
on the following Monday. In the event that a holiday falls on a Saturday,
each employee shall be entitled to a compensatory free day to be scheduled
by the Municipal Administrator. The Municipal Administrator may permit
an employee to work on a holiday at straight time.
(3)
The Township Administrator may designate certain Township
holidays as floating holidays. As such, all department/offices must
remain open to the public. Any employee who works on a floating holiday
shall be entitled to a compensatory free day on a day to be selected
by the employee and by the department head.
[Amended 5-24-2022 by Ord. No. O-22-8]
C.
Compensation for working on holidays. Where it is
necessary to maintain service requiring an employee to work on an
official holiday, such employee shall be compensated at their overtime
rate, and by being permitted to take an equal amount of time off with
pay on a regular working day at a time approved by the Municipal Administrator.
Work on holidays shall only be with the approval of the Township Administrator.
[Amended 5-24-2022 by Ord. No. O-22-8]
D.
Not charged against vacation or sick leave. In the
event that an official holiday is observed during an employee's vacation,
he shall be entitled to an additional vacation day, and should an
official holiday occur while an employee is on sick leave, he shall
not have that holiday charged against his sick leave.
A.
Amount of vacation leave.
(1)
All contractual employees who are permanent and full
time, whether classified or unclassified, shall be granted annual
leave, with pay, for vacation purposes pursuant to the prevailing
collective bargaining agreement between the employee’s negotiating
unit and the Township. All other permanent full-time employees of
the Township shall be granted annual leave, with pay, for vacation
purposes during each calendar year in accordance with the following
schedule based on length of employment as of the anniversary date
of the current year. Vacation days are granted on January 1, in anticipation
of future employment through the end of the year and become a prorated
benefit should a separation of employment occur.
[Amended 7-25-2006 by Ord. No. O-06-29; 4-24-2012 by Ord. No. O-12-5; 5-24-2022 by Ord. No. O-22-8]
|
Length of Uninterrupted Employment
(years of service)
|
Vacation Leave
(working days)
|
|---|---|
|
In their first calendar year until 12/31 of
that year
|
1 per month of service (Maximum 10)
|
|
After their calendar year
|
12
|
|
After their 5th anniversary
|
15
|
|
After their 10th anniversary
|
16
|
|
After their 15th anniversary
|
19
|
|
After their 20th anniversary
|
22
|
(2)
In determining length of service for this purpose,
only the most recent consecutive years of service for each employee
in all capacities shall apply. Department heads shall be entitled
to an additional three working days of vacation during each year of
service over and above that to which their length of service would
normally entitle them.
[Amended 12-22-2009 by Ord. No. O-09-41]
B.
Basis for vacation leave; accumulation.
(1)
Vacation leave shall be considered to be on a calendar-year
basis and shall not accumulate following the twelve-month period within
which the employee is entitled to same. Failure to use vacation leave
during the year to which the employee is entitled to same shall cause
a forfeiture of such vacation leave, with the exception of five vacation
days that may be carried over to the next year to be used by April
30 of that year. Failure to use the carry-over days by April 30 will
result in their forfeiture.
[Amended 5-24-2022 by Ord. No. O-22-8]
(2)
Permanent part-time employees are eligible for vacation
leave on a pro rata basis. Temporary part-time employees shall not
be eligible for vacation leave. If any vacation leave is to be given
to full-time temporary employees, it shall be negotiated at the time
of employment. New probationary employees shall be entitled to one
working day of vacation leave for each month of the first year up
to a maximum of 10 working days.
[Amended 5-24-2022 by Ord. No. O-22-8]
(3)
Use of vacation leave during a time beyond the twelve-month
period within which the employee was entitled may be permitted, but
only upon and with the consent of the Administrator.
(4)
Vacation leave subject to the approval of the department
head and the Administrator may be taken from time to time in units
other than full days.
(5)
At the time of separation from service, an employee
shall be entitled to any full days vacation pay to which they are
entitled during the year of separation and have not previously used
but earned, since vacation days are granted in anticipation of future
employment through the end of the calendar year, vacation time will
be prorated to the day of separation for the purposes of calculating
payment of same.
[Amended 5-24-2022 by Ord. No. O-22-8]
(6)
Employees shall not be paid for vacation leave earned
and unused.
[Amended 5-24-2022 by Ord. No. O-22-8]
A.
Sick leave.
(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. Part-time permanent
employees are eligible for sick leave on a prorated basis.
[Amended 5-24-2022 by Ord. No. O-22-8]
(2)
Full-time employees shall earn sick leave on the basis
of 15 days of sick leave per year. In the first year of employment,
employees shall be entitled to one day of sick leave for each month
of employment.
(3)
Sick leave can be accumulated without limit during
each employee's length of service.
(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
Municipal Administrator), quarantine restrictions, pregnancy or disabling
injuries. The term "immediate family" shall mean and refer only to
the employee's spouse, child, foster-child, parent, brother, sister,
mother-in-law, father-in-law, grandmother, grandfather, grandchild
or any member of the immediate household or so determined by a collective
bargaining agreement.
[Amended 12-27-2005 by Ord. No. O-05-48]
(5)
When an employee is absent from work because of illness
for more than one day, his supervisor 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)
An employee, who was hired and began employment prior
to March 1, 2016, provided that they are not a member of an organized
bargaining unit, and provided further that other employment agreements
do not provide otherwise, after 10 years of service shall be paid
for 1/2 of their accumulated sick leave upon retirement under the
Public Employee's Retirement System or the Police and Firemens' Retirement
System. The amount of sick leave paid hereunder shall be limited as
follows:
[Amended 2-15-2005 by Ord. No. O-05-3; 12-18-2007 by Ord. No.
O-07-36; 2-23-2016 by Ord. No. O-16-1; 5-24-2022 by Ord. No. O-22-8]
(a)
Accrued compensation shall not exceed $15,000
and is not available to any employee who resigns from service without
being entitled to retirement benefits.
(b)
Those employees already vested in accrued sick
leave entitlements in excess of $15,000 as of the date of adoption
of this ordinance,[1] will be limited to the amount of entitlement as of that
day, in an amount not to exceed $17,500. This accrued compensation
will be certified to the Township Committee and the employee by the
Township Administrator and will be recorded in the employee's file
pending retirement.
[1]
Editor's Note: "This ordinance" refers to
Ord. No. O-07-36.
B.
Special leave.
(1)
A full-time employee who is subpoenaed as a witness
in a civil or criminal case not involving him in his capacity as a
Township employee, or an employee who is called and serves on a jury,
shall be granted paid leave for that period of time in which he is
officially involved with the court in such capacity; however, he shall
be entitled to be paid only the difference between his salary and
the stipend paid for his services in such capacity.
(2)
In the event that an employee wishes to observe a
religious or national holiday for which no regular holiday has been
declared, he may charge the time off to accumulated vacation leave,
provided that he gives proper notification to his supervisor.
D.
Absences of less than six months.
(1)
Absences for periods of less than six months may be
granted by the Municipal Administrator without formal resolution as
provided in Subsection C(1) above. Such wage continuation is related
to uninterrupted length of service as outlined in the following schedule
of benefits:
[Amended 4-24-2012 by Ord. No. O-12-5]
|
Length of Uninterrupted Service
|
Weeks of Salary Continuation
|
|---|---|
|
Under 1 year
|
1
|
|
1 year to 2 years
|
3
|
|
2 years to 3 years
|
5
|
|
3 years to 5 years
|
7
|
|
5 years to 7 years
|
9
|
|
7 years to 9 years
|
11
|
|
9 years to 10 years
|
13
|
(2)
For each additional year, three additional weeks up
to a maximum of one year at full pay.
(3)
If an employee is unable to return to work and above
supplemental benefits are exhausted, he may nevertheless be eligible
for workers' compensation or other disability benefits.
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 Administrator no later than the end of the
fourth month of pregnancy. This leave may be extended for an additional
six months with the approval of the Administrator and the Township
Committee. Requests for maternity leave must be favorably endorsed
by the Department Director and approved by the Municipal Administrator
before becoming effective. Such leave, if granted, shall be without
pay.
[Amended 5-24-2022 by Ord. No. O-22-8]
F.
Military leave.
(2)
Any permanent employee, part-time or full-time, who
is a member of the National Guard, Naval Militia, Air National Guard,
or a reserve component of any of the Armed Forces of the United States
who is required to engage in field training, shall be granted a military
leave of absence with regular pay for the period of such training
as is authorized by law. The paid leave of absence shall be in addition
to his vacation. Permanent part-time employees shall receive pay for
such leave on a pro rated basis.
(3)
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,
except for the first 12 months thereof, he shall receive payment for
the differential, if any, between the compensation he receives from
the military and the compensation he would have received from the
Township, provided that he does not voluntarily extend such service.
Each employee must 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 should
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 must be
initiated by the employee and approved by the Municipal Administrator
upon favorable recommendation of the department director. Such leave,
except for military leave without pay, shall not be approved for a
period of longer than three months at one time. The Township Committee
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 to the Township Administrator. Such request,
whenever possible, shall be made far enough in advance to permit approval,
and at the same time, to permit coverage for the particular employment
so that municipal service shall not suffer. In the case of sick leave,
the employee shall notify his supervisor immediately if he is unable
to report for work.
[Amended 5-24-2022 by Ord. No. O-22-8]
I.
Compensatory leave. In lieu of overtime compensation, any employee, including police officers, may be granted leave with pay as compensation for overtime work in accordance with the provisions of § 47-8D.
J.
Personal leave. All full-time noncontractual Township
employees shall be granted two personal days during each calendar
year in addition to existing sick leave and vacation allotments. Personal
days may be used for such purposes as religious holidays or events,
personal birthdays, etc. All personal days must be used during the
calendar year earned, and must be used in increments of full days.
[Amended 5-24-2022 by Ord. No. O-22-8]
K.
Deferred Sick Leave Trust Fund. There is hereby established
a trust fund to be known as the "Deferred Sick Leave Trust Fund" (hereafter
the "fund") pursuant to N.J.A.C. 5:3-15 and regulations established
by the New Jersey Department of Community Affairs.
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 appointment by the Township receiving
an annual or hourly reimbursement for their services from the Township.
B.
Certain political activities prohibited.
(1)
Township employees shall not engage in any political
activities during working hours or on Township property.
(2)
Township employees shall not seek or accept nomination,
election or appointment to any partisan municipal, county, state or
federal office without first obtaining a leave of absence.
(4)
Township employees whose principal employment is in
connection with any activity financed in whole or in part by loans
or grants made by the United States or by any federal agency may also
be subject to the restrictions of the Federal Hatch Act. The Hatch
Act restrictions apply only to political activity which is partisan.
C.
Rights preserved. Nothing in this section shall be
construed to prevent Township employees from becoming or continuing
to be members of any political party, club or organization; attending
political meetings; expressing their views on political matters outside
of working hours and off Township property; circulating petitions
on public questions; or voting with complete freedom in any election.
[Amended 5-24-2022 by Ord. No. O-22-8]
A.
Conflicts of interest prohibited.
(1)
No officer or employee elected or appointed in the
Township shall be interested, directly or indirectly, in any contract
with the Township, or in the compensation for work done or for materials
or supplies furnished to the Township or to any contractor or other
person furnishing the same to the Township, nor shall he participate
in any profits of such contractor or other person or receive any compensation,
commission, gift or other reward for his services except the fee or
compensation prescribed pursuant to law.
(2)
No officer or employee elected or appointed in the
Township shall accept or solicit anything of value as consideration
for or in connection with the discharge of his official duties other
than the fee or compensation prescribed pursuant to law.
B.
Violations. Any officer or employee who violates any
provision of this section or of any statute or ordinance relating
to conflict of interest shall be deemed guilty of misconduct in office
and liable to removal from office therefor. Any officer or employee
who shall knowingly permit any provision of this section to be violated
by any of his subordinates shall also be guilty of misconduct in office
and liable to removal therefor.
[Amended 5-24-2022 by Ord. No. O-22-8]
A.
Full-time employees, in either the classified or unclassified service,
shall not accept outside employment or engage in outside business
activities without the prior approval of the department head and the
Municipal Administrator. Applications for permission to accept outside
employment shall be made in writing to the department director who
shall forward the same to the Municipal Administrator with his recommendation.
The application shall set forth pertinent information concerning the
type of activity to be engaged in, the name and address of the prospective
employer, and the hours of such employment and its potential effect
on the Township.
B.
No application for permission to accept outside employment shall
be approved by the Municipal Administrator if, in their judgment,
there is any reasonable probability that such outside employment will
interfere with the employee's performance or compromise the employee's
position with the Township through a conflict of interest.
A.
Subject to the approval of the Township Committee,
the Administrator may establish, amend and supplement rules and regulations
for governing the internal operations of any department and the conduct
and deportment of its personnel. Departmental rules and regulations
shall not be inconsistent or in conflict with the provisions of any
statute, this chapter or other ordinance of the Township.
B.
The rules and regulations shall be in writing, signed
by the Administrator, approved by the Township Committee and filed
in the office of the Township Clerk. They shall be binding on all
persons subject to the jurisdiction of the department. A written copy
of the rules and regulations shall be distributed to the personnel
of the department affected and shall be posted in the headquarters
of the department. Copies shall also be available to the personnel
of the department upon request.
[Amended 12-27-2005 by Ord. No. O-05-48; 5-24-2022 by Ord. No. O-22-8]
A.
Dismissal, demotion, or suspension. A permanent employee may be dismissed
from the service, demoted for cause, or suspended without pay. The
causes sufficient for these disciplinary actions are detailed in N.J.A.C.
4A:2-2.3 and shall include the following:
(1)
Incompetency, inefficiency or failure to perform duties;
(2)
Insubordination;
(3)
Inability to perform duties;
(4)
Chronic or excessive absenteeism or lateness;
(5)
Conviction of a crime;
(6)
Conduct unbecoming a public employee;
(7)
Neglect of duty;
(8)
Misuse of public property, including motor vehicles;
(9)
Discrimination that affects equal employment opportunity (as defined
in N.J.S.A. 4A:7-1.1), including sexual harassment;
(10)
Violation of federal regulations concerning drug and alcohol
use by and testing of employees who perform functions related to the
operation of commercial motor vehicles, and state and local policies
issued thereunder;
(12)
Other sufficient cause.
B.
Suspension explained.
(1)
No change.
(2)
An employee who shall be suspended, fined or demoted more than three
times in any one year, or 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 Commission, and
the Civil Service Commission shall have the power to revoke or modify
the action of the appointing authority.
The Administrator shall provide that adequate
personnel records are maintained for each employee of the Township.
Such records should 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.
[Amended 5-24-2022 by Ord. No. O-22-8]
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 so to do by the Township Committee shall,
before entering upon the duties of their office or position, cooperate
with Township Administration so the Township may procure a surety
bond in such amount as may be fixed by the Township Committee, binding
such officer or employee to the Township in its corporate name and
conditioned upon the true and faithful performance of their duty.
Each officer or employee required by law to give bond shall execute
such bond with sufficient surety in order to enable such bond to be
received by the Township Clerk. The Township Clerk shall deliver the
bond to the Treasurer, before the officer or employee enters upon
the discharge of their duties of the office or employment.
B.
Failure to obtain. If any officer or employee shall fail to cooperate such that the bond, as herein required has not been received by the Township within 30 days after due notification of his election or appointment, the office or position may be declared vacant by the Committee. The consequences of such failure to obtain the bond shall not attach if such failure is a result of action or inaction by the Township. The determination in regard to this Subsection B shall be made by the Township Administrator in the reasonable exercise of his/her discretion.
C.
Form and requisites. In every case where any person is required by
the laws of the state or by any ordinance of the Township to be covered
by a bond for the faithful performance of their duties, such bond
shall be secured by a corporate surety authorized to do business in
this state, and the premium shall be paid by the Township. Each bond
shall be approved by the Township Attorney as to form and sufficiency,
and nothing in this section shall be construed to prevent the use
of one or more blanket bonds when so approved.
A.
General policy. It is the policy of the Township that
every employee at all times be treated fairly, courteously and with
respect. Conversely, each employee is expected to accord the same
treatment to his associates, his supervisors and the public.
B.
Verbal grievance.
(1)
Whenever an employee has a grievance they should first
present it verbally to their supervisor. It is the responsibility
of the supervisor to arrange a mutually satisfactory settlement of
the grievance within one week of the time when it was first presented
to him or failing in that, within that time to advise the employee
of their inability to do so.
[Amended 5-24-2022 by Ord. No. O-22-8]
(2)
When an employee is informed by his supervisor that
he is unable, within the discretion permitted him, to arrange a mutually
satisfactory solution to the grievance, the employee must, if he wishes
to present the grievance to higher authority, do so in writing in
the following manner.
C.
Formal written grievance.
[Amended 3-22-2005 by Ord. No. O-05-6]
(1)
The employee shall prepare the grievance in writing.
The grievance should be stated as completely and as clearly as possible
in order to permit prompt handling. The grievance shall be given directly
to the Administrator.
[Amended 5-24-2022 by Ord. No. O-22-8]
(2)
A copy of the grievance shall be presented by the
employee to his immediate supervisor to whom the grievance was made
verbally. The supervisor shall report the facts and events which led
up to its presentation in writing, including in his written report
any verbal answer he may have previously given to the employee concerning
the grievance. Within one week after receipt of the written grievance,
the supervisor must present it with the information required of him
to the Administrator.
[Amended 12-27-2005 by Ord. No. O-05-48; 5-24-2022 by Ord. No. O-22-8]
(3)
The Administrator shall attempt to find a mutually
satisfactory solution to the grievance within seven days.
[Amended 12-27-2005 by Ord. No. O-05-48]
(4)
All papers and documents relating to a grievance and
its disposition will be placed in the employee's personnel file.
The Local Government Ethics Law, N.J.S.A. 40A:9-22.1
through N.J.S.A. 40A:9-22.12, as may be amended from time to time,
is hereby incorporated by reference.
[Added 4-22-2003 by Ord. No. O-03-8;
amended 9-30-2003 by Ord. No. O-03-22]
A.
Preamble.
(1)
Whereas, professional business entities are exempt
from public bidding requirements; and
(2)
Whereas, there is the potential for professional business
entities to make substantial political contributions to the election
campaigns of the local government elected officers who are ultimately
responsible for awarding professional service contracts; and
(3)
Whereas, substantial local political contributions
from professionals receiving discretionary contracts from the elected
officials who receive such contributions raise reasonable concerns
of the part of taxpayers as to their trust in the process of local
government, as well as the quality or cost of services received; and
(4)
Whereas, pursuant to N.J.S.A. 40A:11-5 and N.J.S.A.
40:48-2, municipalities have the right to establish rules and procedures
for contracting with professional business entities;
(5)
Now, therefore, be it ordained, that the policy of
the Township will be to set maximum amounts professional business
entities may contribute politically beyond which they become ineligible
to receive a public professional service contract from the Township.
B.
Prohibition on awarding public contracts to certain
contributors.
(1)
Any other provision of law to the contrary notwithstanding, the municipality or any of its purchasing agents or agencies, including all boards and commissions, or any of its independent authorities, as the case may be, shall not enter into an agreement or otherwise contract to procure services from any professional business entity, if that entity has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions or purchase of tickets, advertisements or the like, which proceeds will be used by or on behalf of or, to a campaign committee of any candidate or holder of the public office having ultimate responsibility for the award of the contract, or to any Freehold Township municipal or county party committee or to any county party committee in Monmouth County, in excess of the thresholds specified in Subsection B(5) within two calendar years immediately preceding the date of the contract or agreement or during the term of such a contract or agreement.
[Amended 10-26-2004 by Ord. No. O-04-37]
(2)
It shall be a breach of the terms of the professional
service contract for a professional business entity to:
[Added 10-26-2004 by Ord. No. O-04-37]
(a)
Make or solicit a contribution in violation
of this section;
(b)
Knowingly conceal or misrepresent a contribution
given or received;
(c)
Make or solicit contributions through intermediaries
for the purpose of concealing or misrepresenting the source of the
contribution;
(d)
Make or solicit any contribution on the condition
or with the agreement that it will be contributed to a campaign committee
of any candidate for Township Committee;
(e)
Engage or employ a lobbyist or consultant with
the intent or understanding that such lobbyist or consultant would
make or solicit any contribution, which is made or solicited by the
professional business entity itself, would subject that entity to
the restriction of this section;
(f)
Fund contributions made by third parties, including
consultants, attorneys, family members, and employees;
(g)
Engage in any exchange of contributions to circumvent
the intent of this section; or
(h)
Directly or indirectly, through or by any other
person or means, do any act which would subject that entity to the
restrictions of this section.
(3)
No professional business entity which enters into
negotiations for, or agrees to, any contract or agreement with the
municipality or any department, board, commission or agency thereof
or of its independent authorities for the rendition of professional
services shall knowingly solicit or make any contribution of money,
or pledge of a contribution, including in-kind contributions or purchase
of tickets, advertisements or the like, which proceeds will be used
by or on behalf of or to 1) any candidate or holder of the public
office having ultimate responsibility for the award of the contract,
or to 2) any Freehold Township municipal party committee, 3) any county
party committee in Monmouth County (unless during the preceding calendar
year no contribution of money or in-kind contribution in an amount
sufficient to require reporting on the local campaign election law
report has been made to the local candidate or municipal party committee
by the county committee to which the professional business entity
may have contributed), or 4) any political action committee (unless
during the preceding calendar year no contribution of money or in
kind contribution in an amount sufficient to require reporting on
the local campaign election law report has been made to the local
candidate by the political action committee to which the professional
business entity may have contributed) between the time of first communications
between that business entity and the Township regarding a specific
professional services agreement and the later of the termination of
negotiations or the completion of the contract or agreement.
(4)
For purposes of this section, a "professional business
entity" seeking a public contract means an individual including the
individual's spouse, if any, and any child living at home; person;
firm; corporation; professional corporation; partnership; organization;
or association. The definition of a business entity includes all principals
who own 10% or more of the equity in the corporation or business trust;
partner, and officers in the aggregate employed by the entity as well
as any subsidiaries directly controlled by the business entity.
(5)
Any individual meeting the definition of "professional business entity" under this subsection may annually contribute a maximum of $400 each for any purpose to any candidate for Township Committee, or $500 to any Freehold Township municipal party committee, county party committee in Monmouth County or political action committee, without violating Subsection B(1), (2) or (3) of this section. However, any group of individuals meeting the definition of "professional business entity" under this subsection, including such principals having 10% or more ownership interest, partners, and officers of the entity in the aggregate, may not annually contribute for any purpose in excess of $2,500 to all municipal candidates and officeholders with ultimate responsibility for the award of the contract, as well as all Freehold Township municipal political parties, county political parties in Monmouth County and political action committees combined, if proscribed by Subsection B(3) of this section, without violating Subsection B(1), (2) or (3) of this section.
[Amended 10-26-2004 by Ord. No. O-04-37]
(6)
For purposes of this subsection, the office that is
considered to have ultimate responsibility for the award of the contract
shall be the Township Committee. However, the restrictions of this
section apply to boards, commissions or agencies of the Township whose
appointments of professionals either requires the approval of the
Township Committee or whose operating funds are subject to appropriation
by the Township Committee.
C.
Contributions made prior to the effective date. No
contribution of money or any other thing of value, including in-kind
contributions, made by a professional business entity to any municipal
candidate for Township Committee, or municipal party committee, county
party committee or political action committee shall be deemed a violation
of this section, nor shall an agreement for property, goods, or services
of any kind whatsoever be disqualified thereby, if that contribution
was made by the professional business entity prior to the effective
date of this section.
D.
Contribution statement by professional business entity.
(1)
Prior to awarding any contract or agreement to procure services with any professional business entity, the Township or any of its purchasing agents or agencies, as they case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the bidder or offeror has not made a contribution in violation of Subsection B hereof and has not made or solicited contributions through intermediaries for the purpose of concealing the source of the contribution(s).
(2)
The professional business entity shall have a continuing
duty to report any violations of this section that may occur during
the negotiation or duration of a contract. The certification required
under this subsection shall be made prior to entry into the contract
or agreement with the Township and shall be in addition to any other
certifications that may be required by any other provision of law.
E.
Return of excess contributions. A professional business entity may cure a violation of Subsection B hereof, if, within 30 days after the general election, the professional business entity notifies the Township Committee in writing and seeks and receives reimbursement of any contribution in excess of that allowed by Subsection B from the Township candidate, municipal political party, county political party or political action committee.
F.
Retroactivity of future clarifications adopted. It
is anticipated that there may be some professional business entities
which determine to attempt a legalistic adherence to the letter, rather
than the spirit of this section. It is the declared intent of this
municipal governing body to remain vigilant to recognize such attempts
to subvert the underlying purposes for which this section was adopted.
Any professional business entity which may attempt such creative subversion
does so at its peril. If and in the event creative actions are taken
in order to defeat the purposes of this section, it is the intention
of the governing body to enact appropriate clarification of this section,
which clarification shall be retroactive to the initial effective
date of this section thereby disqualifying such creative professional
business entities from serving the Township. Changes to this section
which are not for purposes of clarification, but which are amendments
to the provisions hereto, shall become effective upon adoption and
publication according to law.
G.
Vote necessary for repeal. This section may be repealed
only upon four affirmative votes of the governing body.
H.
Violations and penalties.
[Amended 10-26-2004 by Ord. No. O-04-37]
(1)
All Township professional service agreements shall provide that it shall be a breach of the terms of the government contract for a professional business entity as defined in Subsection B(4) to violate Subsection B(5) or to knowingly conceal or misrepresent contributions given or received, or to make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
(2)
Any professional business entity as defined in Subsection B(4) who knowingly fails to reveal a contribution made in violation of this section, or who knowingly makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, shall be disqualified from eligibility for future Township contracts for a period of four calendar years from the date of the violation.
I.
Fair and open process.
[Added 4-8-2008 by Ord. No. O-08-3]
(1)
Pursuant to N.J.S.A. 19:44A-20.4 et seq., the Township
and its agencies shall award professional contracts pursuant to the
"Fair and Open" process method. Nothing set forth herein, however,
shall render any professional contract null and void in the event
the Township has, in particular cases and pursuant to the discretion
exercised by the Township Committee, awarded a professional contract
under the "traditional" method, i.e., pursuant to procedures employed
prior to the effective date of N.J.S.A. 19:44A-20.4 et seq.
(2)
The Purchasing Agent shall, in sufficient time prior
to the end of each legislative year, undertake statutorily required
procedures in seeking request for proposals for professional services
required for the upcoming legislative year. Every effort shall be
made by the Purchasing Agent to have all responses to the request
for proposal received at least 30 days prior to the commencement of
the new legislative year.
(3)
Proposals from professionals will be evaluated by
the Township Committee of the Township of Freehold and its agencies
on the basis of the proposals deemed to be most advantageous, price
and other factors considered. The evaluation will consider:
(a)
Experience and reputation in the field.
(b)
Knowledge and experience with Township Committee
form of government.
(c)
Knowledge of the Township of Freehold and the
subject matter to be addressed under the contract.
(d)
Availability to accommodate any required meetings
of the agency.
(e)
Support staff availability.
(f)
Compensation proposal.
(g)
Other factors, if determined to be in the best
interest of the Township of Freehold and its agencies.
A.
Purposes and objectives.
(1)
It is the policy of the Township of Freehold to encourage
the professional development of municipal employees. This policy pertains
to every position held by a regular full-time Township employee. Financial
aid to reimburse the employee for the cost of courses at accredited
educational institutions is offered when such courses fulfill mandated
continuing education units in order to achieve or maintain licenses
or certifications required for the position held by that employee
within the Township.
[Amended 3-17-2009 by Ord. No. O-09-2]
(2)
The objectives of the tuition reimbursement program
are to maintain employee morale, increase interest in the employee's
job, thereby decreasing absences and turnover rates and provide for
greater efficiency in the performance of tasks by the employees.
B.
Eligibility. The following are threshold prerequisites
for being considered for the tuition reimbursement program:
(2)
Course eligibility.
(a)
Completed not less than one year after employee's
date of employment.
(b)
Taken at an accredited institution, i.e. college,
university, secretarial, business and/or correspondence school.
(c)
To be completed outside of working hours, where
possible.
[Amended 5-24-2022 by Ord. No. O-22-8]
(d)
Approved by department head and Township Administrator.
(e)
Such courses shall fulfill mandated continuing
education units in order to achieve or maintain licenses or certifications
required for the position held by that employee within the Township
[Amended 3-17-2009 by Ord. No. O-09-2]
(f)
Not reimbursable under veterans educational
benefit program or any other reimbursement program available to the
employee.
C.
Management approvals. In addition to satisfying the eligibility requirements of Subsection B, the following procedures are required before reimbursement will be made:
(1)
Employee must submit a plan of goals and objectives
for approval by his or her department head and by the Township Administrator.
The plan must demonstrate that the proposed course is an integral
part thereof.
(2)
Department head must review and approve the plan of
goals and objectives as well as the proposed course and course load.
(3)
Township Administrator must review and approve the
educational institution, the plan of goals and objectives, the proposed
course and course load. In making his/her decision, the Township Administrator
shall consider, among other things, the employee's absentee rate and
reason therefor, the number of courses taken and whether or not job
performance may be adversely affected thereby.
D.
Reimbursement amount. The expense eligible for reimbursement
under the tuition reimbursement program shall be the actual cost of
the course as pre-approved before taking the course.
[Amended 12-27-2005 by Ord. No. O-05-48; 5-24-2022 by Ord. No. O-22-8]
E.
Written agreement. No reimbursement shall be made
until the employee has executed an agreement which acknowledges the
employee's review and familiarity with this section, the conditions
of the reimbursement program and agrees to refund any such reimbursement
to the Township if any of the following occur:
(1)
Any condition set forth in this section is violated.
(2)
Employee resigns from employment before completion
of course.
(3)
Employee fails to complete course satisfactorily with
a grade of "C" or better.
(4)
Employee is discharged for cause from employment with
the Township.
(5)
Employee resigns or otherwise discontinues his/her
employment with the Township within two years of receiving a certification
or degree for which some or all of the course requirements were reimbursed
by the Township to the employee.
A.
Indemnification; requirements. Subject to Subsection C of this section, whenever any civil action has been or shall be brought against a member of the Township Committee, other Township official, any member of any board, commission, council or other agency of the Township, or Township employee for any action or omission arising out of or in the course of the performance of the duties of such person's office, the Township shall defray all defense costs and expenses, including reasonable attorney's fees and expenses together with the cost of any appeal, in accordance with Subsection B and shall save harmless and protect such individual from any financial loss resulting from the litigation.
B.
Indemnification; defense.
(1)
Where the defendant is a Township employee or Township
official other than a Township Committee member, the Township Committee
shall appoint counsel for the defendant.
(2)
The defendant entitled to indemnification pursuant to Subsection A may designate his/her own legal representation. If the defendant designates his/her own legal representative, said designation shall be subject to the following restrictions:
(a)
The legal representative shall be an attorney
in good standing, licensed and admitted to the practice of law in
the State of New Jersey.
(b)
The defendant shall submit a letter to the Township
Committee indicating his/her desire to have a designated legal representative
and shall, at the same time, designate the legal representative.
(c)
The legal representative shall agree to bill
the Township at no more than the rate per hour established by the
Township Committee for the Township Attorney at the time of the legal
representative's designation as counsel by the defendant.
(d)
The legal representative shall periodically
submit an itemized bill for all services rendered to the defendant
in accordance with the designation and shall complete such forms and/or
vouchers as required for payment by the Township.
(e)
Agreement that the legal representative and
defendant shall not enter into a settlement of the civil action without
prior approval of the Township Committee.
C.
Indemnification; exceptions. The Township Committee
shall not be required to provide for a defense and/or indemnification
pursuant to this section under the following circumstances:
(1)
Where the legal proceeding involves a criminal matter
or arises under the election laws of the State of New Jersey.
(2)
Where the civil action is brought by the member of
the Township Committee who is seeking indemnification; provided, further,
that where a defendant member of the Township Committee asserts a
counterclaim in an action in which such member is a defendant, a defense
and indemnification shall be provided by the Township Committee except
as to matters arising under the counterclaim.
(3)
Where the civil action is brought by the Township
Committee against the defendant.
(4)
Where the civil action has resulted in punitive damages
being awarded against the defendant; provided, further, that where
Township funds have been expended in the defense resulting in the
awarding of punitive damages, said funds shall be reimbursed to the
Township by the defendant.
(5)
Where the civil action arises from acts or omissions
not within the scope of duty of the Township employee, member of the
Township Committee or other Township official or arises from acts
of willful misconduct or actual malice.
(6)
Where the Township has obtained an insurance policy
which insures the Township employee, member of the Township Committee
or other Township official, and the insurance company has agreed to
defend the cause of action and indemnify the defendant; provided,
further, that the Township shall be liable for the payment of any
minimum deductible amount which the insurance policy does not cover.
[Amended 4-22-2003 by Ord. No. O-03-13; 7-25-2006 by Ord. No. O-06-29; 2-22-2011 by Ord. No. O-11-1; 9-27-2011 by Ord. No.
O-11-23]
A.
Pursuant to N.J.S.A. 40A:10-16 et seq., the Township
shall provide health care benefits to its full-time "employees" as
that term is defined in N.J.S.A. 40A:10-16b; however, that term shall
not include elected officials. The different plans to be made available
and the coverage levels shall be determined, from time to time, by
the Township. The Township may redirect enrollment in and make available
different plans and coverage in its discretion
B.
Those employees
receiving health care benefits shall contribute to the cost of such
benefits as required by P.L. 2011, Ch. 78.
C.
If an employee or retired employee (Hereafter, for purposes of this Subsection C only, both employee and retired employee shall be referred to as "employee.") is eligible for health care benefit coverage, and meets the eligibility requirements set forth in Subsection C(1) below, such employee may annually elect to receive the monetary payments provided for in Subsection C(2) below ("buyout payment").
(1)
Eligibility. All of the following eligibility requirements
must be satisfied:
(a)
The employee must have health care benefits
coverage from another source.
(b)
The alternate source of coverage must be from
a source other than the Township. For example, if the employee's spouse
is employed by the Township and both the employee and his/her spouse
are eligible for health care benefits coverage through the Township,
a spouse declining coverage under this subsection, would not be eligible
for the buyout payment.
(c)
Employees must execute an appropriate application
form as prepared and provided by the office of the Township Administrator
no later than November 30, prior to each calendar year for which the
employee will seek the buyout payment.
(2)
Buyout payment. For eligible employees, the following
buyout payments will be paid in two equal installments, the first
installment on June 1 and the second installment on December 1:
(a)
If medical coverage, including prescription
plan, is declined, the buyout payment will be the lesser of $4,800
annually or the percentage, as set forth in N.J.S.A. 40A:10-17.1,
of the Township’s cost for the health care coverage declined.
[Amended 12-17-2013 by Ord. No. O-13-37]
(b)
If dental coverage is declined, the buyout payment
will be $150 annually.
(c)
The payments provided for hereunder would be
subject to income tax, but not considered pensionable income.
(3)
Annual election. The election provided for in this
section must be made on an annual basis. If an employee elects the
buyout payment for a particular calendar year, he/she may decline
to apply for the option provided in this section for a subsequent
calendar year and may enroll, during prescribed enrollment periods,
for health care benefit coverage through the Township to resume for
such subsequent calendar year.
(4)
An employee who waives coverage because he/she was covered by a spouse’s
benefits shall be permitted to resume coverage under the same terms
and conditions as though he/she had not waived coverage if the employee
ceases to be covered through the employee’s spouse for any reason.
[Added 12-17-2013 by Ord. No. O-13-37]
(5)
An employee, who is scheduled to retire may, at least 30 days prior
to the scheduled retirement date, terminate his/her buyout election
and shall be permitted to resume coverage under the same terms and
conditions as though he/she had not waived coverage.
[Added 12-17-2013 by Ord. No. O-13-37]
(6)
An employee who wishes to resume coverage shall file a declaration
with the Township, in such form as the Township shall prescribe, that
the waiver is revoked.
[Added 12-17-2013 by Ord. No. O-13-37]
(7)
An employee who resumes coverage shall repay, on a pro rata basis,
any amount which represents an advance payment for a period of time
during which coverage is resumed.
[Added 12-17-2013 by Ord. No. O-13-37]
[Added 2-25-2003 by Ord. No. O-03-2]
A.
Purpose. The purpose of this section is to establish
permissible areas of discounts for Township employees. The scope of
the permissible areas has been established to provide a level of benefit
to Township employees, while at the same time not resulting in such
benefits being given from collected tax revenue.
B.
IMMEDIATE FAMILY
Definitions. All terms used herein shall have their
usual and customary meanings unless the context in which such term
or terms is used shall provide otherwise. The following specified
term shall have the following meaning:
The Township employee, his/her spouse, any child or step-child
providing such spouse/child is living in the same household as the
Township employee.
C.
Scope of employee discount program. Township employees shall be allowed discounts, subject to Subsection E below, only to the Township employee and his/her immediate family for enrollment in the summer recreation program and for rental of the senior center.
D.
Amount of discount. The discount shall be in the amount
of 25% of the fee as established by the Board of Parks and Recreation
Commissioners.
E.
Approval of Parks and Recreation Commissioners required.
This section sets forth the scope of permissible Township employee
discounts, but shall be effective only upon approval, by resolution,
of the Board of Parks and Recreation Commissioners, being the entity
in the best position to assure that the impact of any such discounts
shall not adversely impact the existence or quality of the recreation
program. Nothing herein shall prevent the Parks and Recreation Commissioners
from reassessing, on an annual basis, the impact of any such discounts.
[Added 7-29-2008 by Ord. No. O-08-15]
A.
Purpose. The purpose of this section is to comply
with N.J.S.A. 43:15C-2 and the guidelines promulgated by the New Jersey
Department of Community Affairs, Division of Local Government Services,
as set forth in Local Finance Notice 2008-10, requiring that local
governing bodies adopt an ordinance identifying positions eligible
for membership in the Defined Contribution Retirement Program (DCRP)
as established by N.J.S.A. 43:15C-1 et seq., and those positions,
which are eligible for membership in the Public Employees' Retirement
System (PERS).
B.
Pension Certifying Official. The Township's Chief
Financial Officer, functioning as the Pension Certifying Official,
is responsible for making determinations concerning enrollment in
PERS and DCRP, subject to review by the State of New Jersey Department
of the Treasury, Division of Pensions and Benefits.
C.
Positions eligible for membership in PERS. The following
are positions or descriptions of circumstances under which a person
holding a position is eligible for membership in PERS:
(1)
Positions that are a routine appointment by the governing
body as set forth and explained in N.J.S.A. 43:15C-2(a)(3), for example,
administrative support staff and public works rank and file staff.
(2)
Individuals holding a professional license or certificate
and serving in any of the following capacities:
(a)
Certified Health Officer.
(b)
Tax Collector.
(c)
Chief Financial Officer.
(d)
Construction Code Official.
(e)
Qualified Purchasing Agent.
(f)
Tax Assessor.
(g)
Municipal Planner.
(h)
Registered Municipal Clerk.
(i)
Licensed Uniform Subcode Inspectors.
(j)
Person holding the certification for Certified
Public Works Manager, commonly known as "Principal Public Works Manager."
(3)
A person appointed to a temporary or interim acting position requiring a professional license or certification for the positions set forth in Subsection C(2) above.
(4)
A person employed by the Township who is already enrolled
in a PERS position, but thereafter promoted through a valid promotion
to a position which would otherwise require DCRP enrollment.
(5)
An individual who was a member of PERS on or before
June 30, 2007, even though appointed to a DCRP position, if such person
has continuously been a member of PERS since that time. "Continuously,"
as used herein, shall mean that a period of no more than two years
has elapsed from the time the individual left employment in a PERS
position until the time that the person was reemployed.
D.
Positions requiring enrollment in DCRP. Except as otherwise described in Subsection C above, the following positions are only eligible for DCRP enrollment:
(1)
Positions that involve executive decisionmaking or
are senior management whose hiring or appointment requires approval
of the governing body, as based on statute or ordinance.
(2)
The following positions, provided they are not filled
pursuant to a professional services resolution or professional services
agreement, and provided the employee holding such position is salaried:
E.
No person employed pursuant to a professional services
resolution or a professional services agreement shall be eligible
for enrollment in either the DCRP or PERS.
F.
All PERS membership appointments are subject to review
and approval of the State of New Jersey Department of the Treasury,
Division of Pensions and Benefits.
G.
Interpretation of section. All interpretations of
this section and application of its provisions shall be guided by
and in accordance with Local Finance Notice 2008-10 and any amendments
or supplements thereto.
