[HISTORY: Adopted by the Mayor and Council of the Township of Clinton as indicated in article histories. Amendments noted where applicable.]
Defense and indemnification — See Ch. 12.
[Derived from Secs. 22-1 through 22-5 of the 1999 Code of the Township of Clinton]
Applicability. The provisions below are essential in the administration of this chapter and are applicable to all employees of the Township, except in the case of employees who are covered by a collective negotiations agreement, if such agreement provides otherwise.
[Amended 12-10-2014 by Ord. No. 1060-14]
Personnel policies determined by the governing body; Personnel Director established. The Mayor and Council is the governing body and alone is the policymaking body on personnel matters. The Administrator shall serve as Personnel Director until such time as another employee shall be so named. The Personnel Director, with advice from department heads, will make recommendations to the governing body on personnel policy matters, and will administer and interpret the personnel policies of the governing body.
Administration. The administration of policies, salaries, wages, compensation, and benefits established by this chapter shall be the responsibility of the Township Administrator and shall be implemented in accordance with the adopted budget and with such other policies, rules and regulations as may be adopted from time to time by the governing body.
Date of employment. The date on which an employee is appointed by the Administrator shall govern in the determination of vacation and sick leave benefits unless otherwise provided at the time of appointment.
Probationary period. All new employees are subject to a probationary period of six months and shall be so advised upon appointment. An employee who has completed the probationary period is considered a permanent regular employee. An employee may be released at any time during the probationary period.
Normal workweek. The normal workweek for all regular full-time employees shall be 40 hours. All municipal offices will be open from 8:30 a.m. to 4:30 p.m., Monday through Friday, except for scheduled holidays. All regular full-time employees shall be entitled to a one-hour lunch break.
Exempt employees. Employees in positions classified as exempt shall be required to work a normal workweek as described in Subsection C and any additional hours needed to fulfill the responsibilities of the position. The annual salary established for such employees by the salary resolution or ordinance shall be their total compensation for all time worked. Exempt employees are as follows:
Nonexempt employees. Nonexempt employees are all other regular full-time employees who are required to work the normal workweek as described in Subsection C.
Exempt employees. Overtime pay or compensatory time off shall be granted only under emergency circumstances or unusual circumstances and with the prior approval of the Township Administrator.
Nonexempt employees. Overtime shall be kept to a minimum and except in cases of emergency must be authorized in advance by the department head and approved by the Administrator. Equal time off may be granted in lieu of compensation at the discretion of the department head and employee. Hours worked in excess of 40 hours will be compensated at time and one-half the normal hourly rate.
Part-time employees. Part-time employees are either salaried or hourly employees who work on a regular basis, but work less than 35 hours a week. Part-time employees are not entitled to employee benefits; however, if a part-time employee is scheduled to work during a week that includes a holiday, the employee will be entitled to compensation for that day.
[Amended 11-8-2000 by Ord. No. 735-00; 12-10-2014 by Ord. No. 1060-14]
Part-time temporary/seasonal/occasional employees. Part-time temporary/seasonal/occasional employees are either salaried or hourly employees who do not work on a regular basis, but who work on an as-needed basis. These employees are not entitled to employee benefits.
Except for employees whose salaries and wages are governed by a collective negotiations agreement, or other employment contract approved by the Mayor and Council, salaries and wages shall be established annually by the Mayor and Council through the adoption of a salary and wage ordinance.
[Amended 7-8-2009 by Ord. No. 985-09; 2-22-2012 by Ord. No. 1032-12; 2-27-2013 by Ord. No. 1046-13; 12-10-2014 by Ord. No. 1060-14]
Longevity. All longevity payments shall be capped at their present rates. Any employee who has not reached the first service award shall continue to accrue years of service towards the payment. Once the employee has reached the first service award, no other service awards shall accrue. All present employees shall have the longevity payment applied to their base salary beginning in 1994 as a part of their base compensation. Any employee hired after January 1, 1993, shall not be eligible for longevity payments.
Extra compensation. Compensation shall be granted in the following manner:
Substitute at night meetings due to absence of the Municipal Clerk, Planning Board Administrator, Board of Health Secretary or Open Space Committee Secretary: per meeting $60.
Attendance at night meetings for Board of Adjustment Secretary or substitute: per meeting $60.
Rabies clinic attendants: $50 per clinic.
Mileage. All officials and employees using a personal vehicle in the pursuit of Township business shall be compensated at the applicable standard mileage rate established by the Internal Revenue Service, as same may be amended from time to time, and with the authorization of the Township Administrator.
[Amended 12-10-2014 by Ord. No. 1060-14; 10-10-2018 by Ord. No. 1123-18]
Township vehicles. Township vehicles are defined as all vehicles owned by the Township of Clinton. Township vehicles are available to Township officials and employees for the purpose of conducting official Township business, including attendance at educational and training seminars, conferences, meetings, etc. Certain employees, by virtue of their position, may be assigned a Township vehicle by separate resolution of the governing body. Those employees specifically assigned a Township vehicle will not be compensated for mileage as provided in Subsection D. Rules and regulations for the use of Township vehicles will be governed by a separate policy.
Uniform allowance. Police lieutenants shall receive a yearly uniform allowance equal to that which is provided to police sergeants, as established in the sergeants’ collective negotiations agreement.
[Added 12-10-2014 by Ord. No. 1060-14]
All exempt and nonexempt employees shall be paid for the following holidays:
New Year's Day.
Martin Luther King's Birthday.
Presidents' Day (Washington).
Election Day (General).
Day after Thanksgiving.
One-half Christmas Eve Day.
One-half New Year's Eve Day.
If a holiday falls on a Saturday, the preceding Friday shall be regarded and observed as a holiday. If the holiday falls on a Sunday, the following Monday shall be regarded and observed as a holiday.
All exempt and nonexempt employees required to work on a holiday will be given one alternate day off.
The following is a schedule of vacations granted to all exempt (excluding the Lieutenant) and nonexempt employees:
After the completion of the first six months of continuous service, each employee is entitled to five working days with pay.
After the completion of the first 12 months of continuous service, each employee is entitled to 10 working days annually, with pay, to the end of the fifth year of continuous service.
Category VI employees shall earn 15 working days of vacation after three continuous years of service. For all other employees, after completion of the fifth year of continuous service, each employee is entitled to 15 working days, with pay.
For all employees, after the fifth year of continuous employment, all employees are entitled to 15 days of paid vacation plus one additional working day for each year of service, up to a maximum of five additional days.
Except for the first two years of service, vacation leave shall vest at the beginning calendar year of service referred to.
Vacation days may be taken in no less than 1/2 days.
Vacation shall not be carried over without prior approval from the Township Administrator.
Personal days. All exempt and nonexempt employees are entitled to three personal days with pay annually. Reasonable notice to take these days will be given to the employee's immediate supervisor. Personal days may be taken in no less than one-half-day increments. No personal leave will be granted on an employee's workday immediately prior to or after a holiday or vacation day.
All exempt (excluding the Lieutenant) and nonexempt employees are entitled to sick leave for personal illness with pay as follows:
Employees who have worked less than one year are entitled to one sick day per month with pay.
All other employees are entitled to 12 paid sick days annually, with a maximum accumulation of 120 days.
If the employee has accumulated 120 days, and has been deemed permanently disabled or has been granted PERS, that employee shall be entitled to receive up to 60 such days in monetary compensation or compensatory time off.
Less than 1/2 day of sick leave may not be used.
Funeral leave. In the event of a death in the employee's immediate family or the death of a relative who resides with the employee, three days leave of absence with pay and with an extension up to five days may be granted by the Township Administrator. An employee's immediate family is defined as the employee's spouse, children, parents, brothers, sisters, mother-in-law, father-in-law, or any other blood relative of an employee residing in the employee's household at the time of death.
Military leave. Employees in the military reserve are granted military leave to fulfill their military obligations in accordance with the law.
Maternity leave. Maternity leave may be granted for a period of six months without pay, provided that written request for such leave is made to the Township Administrator no later than the fourth month of pregnancy. An extension may be granted for an additional two months with approval of the Township Administrator and governing body.
Jury duty. An employee who is called for jury duty shall be granted an excused absence with pay for no longer than two weeks. If during the period of service the employee is excused from court, the employee shall then report for duty.
Unpaid leave of absence. At the discretion of the governing body with the recommendation of the Township Administrator, any employee may be granted a leave of absence without pay. A leave of absence shall not exceed six months in length, after which it may be reconsidered, and any extension of time shall either be granted or denied by the governing body with the advice of the Township Administrator. An employee granted a leave of absence will not accrue vacation time or sick leave benefits. The Township will provide information to the employee so that medical and dental coverage and pension contributions can continue at the employee's expense.
[Amended 7-8-2009 by Ord. No. 989-09; 12-10-2014 by Ord. No. 1060-14]
The Township shall provide medical coverage to employees and their eligible dependents in accordance with state and federal law. Employees who elect medical coverage through the Township shall be required to contribute toward the costs of such coverage in accordance with the provisions of P.L. 2011, c. 78.
[Added 7-23-2008 by Ord. No. 966-08; amended 7-28-2010 by Ord. No. 1003-10
Employees shall have the option to waive medical coverage and/or dental coverage as described herein, or to downgrade medical coverage and/or dental coverage to individual coverage only, upon providing proof to the Administrator of other insurance coverage. If either option is elected, an employee will receive a reimbursement in the first pay period in December of the year waived or downgraded representing 25% of the savings (provided that such amount is not greater than $5,000 per year) based on the least expensive program, from the waiver or reduction of coverage in the year waived or downgraded; or if the election was for a period of less than a year, then the employee will receive a reimbursement in the first pay period in December representing 25% of the savings (provided that such amount is not greater than $5,000 per year), based on the least expensive program, prorated by month, calculated from the month of the acceptance of the election to the end of that year. Once either option is elected an employee may reenroll into the medical coverage and/or dental coverage provided by the Township only upon providing proof to the Administrator that the employee no longer has other insurance coverage.
In accordance with N.J.S.A. 52:14-17.31, effective as of May 21, 2010, and the rules and regulations promulgated thereunder, multiple coverage in the State Health Benefits Program as an employee, dependent, or retiree is prohibited.
[Added 12-10-2014 by Ord. No. 1060-14]
Noncontractual employees shall be provided all other benefits in accordance with the current personnel policies of the Township of Clinton. For those employees covered by a collective negotiations agreement, they shall be provided benefits in accordance with such agreement or the current personnel policies of the Township of Clinton, whichever is controlling.
Editor’s Note: Former Art. II, Police Department Personnel, derived from Sec. 22-15 of the 1999 Code, as amended, was repealed 12-10-2014 by Ord. No. 1060-14.