While the Township Council is aware that the
Township Manager has the sole power to discipline and remove employees
as set forth in Section 9-15 of the Optional Municipal Charter Law
(N.J.S.A. 40:69A-95), nevertheless, the Council is also aware that
Section 9-9 of said statute (N.J.S.A. 40:69A-89) refers to a Personnel
Board and the creation by the Council of bodies with advisory powers.
Accordingly, in the interest of good personnel relations and of a
proper esprit de corps in municipal employees, there is hereby created
an Advisory Personnel Board, hereinafter referred to in this article
as the "Advisory Board," consisting of the Township Council.
A.
It shall be the duty of the Board to hear grievances
and render written advisory opinions on employee disciplinary matters,
hereinafter described, in order to guide the Township Manager in reaching
an appropriate decision in such matters.
B.
The Township Clerk, in the course of his duties, shall
provide the Advisory Board with clerical help in the keeping of minutes,
in the writing of opinions and in other necessary clerical work.
A.
Any employee who is subject to any of the following
disciplinary measures shall be entitled at his option to present his
side of the case to the Advisory Board:
B.
An employee may, in writing, request the Advisory
Personnel Board for leave to present any other grievance matter, provided
that his written request is submitted to the Advisory Personnel Board
within 10 days of the date that the original action took place causing
his application to the Advisory Personnel Board. If the Advisory Personnel
Board decides that, on the basis of the written request, the grievance
is important enough to justify further Board investigation, it may
grant the request and permit the employee to present to it such grievance
matter. The decision of the Advisory Personnel Board on such a request
shall be given in writing to the employee within two weeks from receipt
of such written request.
[Amended 9-18-1967 by Ord. No. 67-12]
A.
Whenever the Township Manager, on the basis of careful investigation and an interview with the employee concerned, contemplates any disciplinary action of the type described in § 52-60A, he shall furnish the employee and the Advisory Board with his reasons in writing, together with a statement of his intended action.
B.
The employee concerned may then furnish the Board
and the Township Manager with a written statement setting forth reasons
for objecting to the proposed disciplinary action, within seven days
of receipt of the Township Manager's reasons.
C.
The Advisory Board shall then schedule a meeting of its members for the purpose of reviewing the matter and rendering its advisory opinion. Such opinion shall be submitted to the Township Manager within 15 days of the receipt of the employee's statement referred to in Subsection B of this section.
D.
The proceedings of the Advisory Board meetings shall
be informal. The Board may render an advisory opinion based upon the
written statements of the principals or may, in its discretion, call
in the employee and the Township Manager and any other persons having
knowledge of the matter under discussion or may call for any records
relating thereto.
E.
Meetings of the Advisory Board shall be private. The
Board's advisory opinion shall be a confidential report to the Township
Manager.
Nothing in this article shall be construed to
apply to the procedure for the suspension, removal, fine, reduction
or demotion in rank of any qualified officer or employee of the municipality
who by reason of an applicable statute of this state has acquired
permanent employment status and is entitled to a public hearing. In
such case, the procedure for preferring charges against such officer
or employee, the notice thereof and the public hearing or trial thereon
before the Township Manager shall be in accordance with the provisions
of the applicable statutes.
