[Adopted 7-9-1984 by Ord. No. A-18-84]
This article is hereby adopted and entitled
"Personnel Policies for Management Employees."
For purposes of this article, the following
terms shall have the meanings indicated:
Those full-time employees holding the title and position
as a head of a department as established by the Municipal Charter,
said positions as established by law being limited to the heads of
the Department of Administration and up to nine other departments.
All department heads and other management employees.
All full-time employees other than department heads who are
not members of a labor bargaining unit as certified by the New Jersey
Public Employees Relations Commission and it shall include all full-time
statutory officials of the City who are not department heads.
A.
Management employees shall be entitled to the following
holidays with pay, and said holidays are hereby designated as official
holidays of the City of Rahway:
[Amended 1-12-2004 by Ord. No. O-91-03; 12-22-2020 by Ord. No. O-41-20]
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New Year's Day
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Martin Luther King Day
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President's Day
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Good Friday
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Memorial Day
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Juneteenth
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Independence Day
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Labor Day
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Columbus Day
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General Election Day
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Veterans Day
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Thanksgiving Day
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Day after Thanksgiving Day
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Christmas Day
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Floating Holiday
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B.
In the event that an official holiday occurs on a
Saturday, the holiday shall be observed on the preceding Friday. If
a holiday occurs on a Sunday, it shall be observed the following Monday.
C.
In the event that an official holiday falls within
a management employee's vacation leave or during a period of sick
leave, said employee will not be charged with vacation or sick leave
for said holiday.
D.
In addition to the above, Christmas Eve Day and New
Year's Eve Day shall be holidays if they occur on a Monday, Tuesday,
Wednesday or Thursday, but not if they occur on a Friday, Saturday
or Sunday.
A.
Department heads shall be entitled to 25 vacation
days per year. Other management employees shall be entitled to vacation
leave as follows: one day per month until one year of employment seniority
is accrued; thereafter, 12 days per year plus one day for each year
of seniority accrued. For purposes of determining years of seniority,
employees hired after July 1 in any given year shall not be given
any credit for service in said year; employees hired before July 1
in any given year shall be given full credit for one year of service
for said year.
B.
Vacation schedules for department heads shall be subject
to the approval of the Business Administrator. Vacation schedules
for other management employees shall be subject to the approval of
the head of the department in which they are employed, subject to
policies established by the Business Administrator.
C.
Vacation days for management employees may be accumulated
from one year to the following year upon written request to and approval
by the Business Administrator, provided that at no time may such an
employee have accumulated vacation days in excess of two years' entitlement.
A.
Department heads shall be entitled to 15 working days per year of sick leave. Other management employees shall be entitled to the same, except that, in the first year of employment, using July 1 as the determining date as set forth in § 73-4A above, sick leave shall be prorated on a monthly basis.
B.
Sick leave may be used solely in the event of personal
illness or when the attendance of a management employee to the illness
of a member of his or her immediate family is required. The Business
Administrator or, by delegation, the department heads, shall have
the authority to verify any use of sick leave for management employees
and to approve or disapprove use of same based on the above.
C.
Unused sick leave shall accumulate from year to year
without limit.
A.
Upon retiring on pension after 25 or more years of
service, management employees shall be paid the following compensation,
with daily rates to be computed by dividing said employee's annual
rate by 260:
(1)
Department heads shall be paid one day's pay for each
accumulated sick leave day up to 120 days and one day's pay for each
three days of sick leave accumulated in excess of 120 days.
(2)
Other management employees shall be paid one day's
pay for each accumulated sick leave day up to 90 days and one day's
pay for each three days of sick leave accumulated in excess of 90
days.
(3)
All management employees shall be paid all unused
vacation time due at the time of retirement.
D.
Terminal pay shall be made upon retirement or, at
the employee's option, may be deferred in whole or in part to the
month of January next succeeding the date of retirement.
[Amended 9-12-2016 by Ord. No. O-24-16]
A.
Management employees shall be covered by City paid
hospitalization and major medical insurance at a level not less than
the highest coverage provided any other City employees. Said benefits
as paid by the City shall cease upon retirement for management employees
who are hired by the City after the effective date of this section.
Said benefits shall continue after retirement for those management
employees who have been employed by the City on or before the effective
date of this section subject to the following:
(1)
This benefit is subject to the rules, regulations
and provisions of the New Jersey Division of Pensions.
(2)
The retired management employee is eligible to enroll
for said coverage through the New Jersey Division of Pensions and
does so enroll.
(3)
The retired management employee is not eligible for
significantly similar coverage by virtue of coverage through a family
member.
(4)
The retired management employee is not eligible for
government coverage through other programs; for example, Medicare.
[Added 9-8-2003 by Ord. No. O-66-03;
amended 7-11-2005 by Ord. No. O-24-05]
A.
Any City employee receiving health care benefits under
the City's current health care benefit coverage who is also eligible
for coverage under his or her spouse's health care coverage plan may
waive the coverage provided by the City by executing a written waiver
of the health care benefit coverage on forms prescribed by the Department
of Administration for same. Such waiver shall be filed with the Business
Administrator's Office.
B.
The City shall, effective June 1, 2010, pay, annually,
to any employee who waives health care benefit coverage, a percentage
of the amount of monies saved by the City due to such waiver, such
percentage not to exceed 25% or $5,000, whichever is less, of the
amount saved.
[Amended 11-10-2008 by Ord. No. O-29-08; 7-12-2010 by Ord. No. O-18-10]
C.
Any City employee who waives health care benefit coverage
shall be permitted to resume coverage under the same terms previously
provided and then currently provided to other City employees, should
said employee cease to be covered through the employee's spouse's
health care coverage for any reason. Any City employee who resumes
coverage shall repay, on a pro-rated basis, any monies received from
the City which represent an advance payment for a period of time during
which coverage is resumed.
D.
Any City employee who waives health care benefit coverage
shall be permitted to resume coverage under the same terms previously
provided and then currently provided to other City employees, while
still covered under his or her spouse's coverage, during the City's
annual open enrollment period. Any City employee who resumes coverage
shall repay, on a pro-rated basis, any monies received from the City
which represent an advance payment for a period of time during which
coverage is resumed.
E.
City employees who wish to resume health care benefit
coverage must file a declaration revoking the waiver in writing on
forms prescribed by the Department of Administration with the Business
Administrator's Office.
F.
Any payments made to City employees made in lieu of
health care benefits coverage under the City's health care benefits
program shall cease concurrently with the effective date of the employee's
re-enrollment.
A.
Medical expenses incurred by management employees
which are not reimbursed by City insurance coverage shall be eligible
for direct payment by the City as follows:
(1)
Municipal Council shall determine by budget appropriation
if funds are available for said purpose and, if so, shall specify
the amount annually by official action of the Council;
(2)
At or near the end of each City fiscal year, management
employees shall submit any claims for such expenses to the Business
Administrator;
(3)
The Business Administrator shall promulgate rules
and regulations governing the payment of such claims, subject to the
following:
(a)
In no case shall the total amount authorized to be paid exceed the total amount authorized by Municipal Council as set forth in Subsection A(1) above;
(b)
Payments made by employees as part of any insurance
deductible shall not be eligible for reimbursement hereunder;
(c)
The balance of original claims paid only partially
under City insurance coverage shall be given preference over any and
all other claims;
(d)
Medical expenses incurred solely for cosmetic reasons
or expenses for routine vision examinations or eyeglasses or contact
lenses shall not be eligible hereunder;
(e)
No claims shall be reimbursed unless proof of loss
and payment has been made.
B.
Any payments made hereunder shall be done so only
by processing of an official City voucher by the individual claimant
and after approval by the Business Administrator and Mayor.
C.
The Business Administrator shall submit a complete
report annually to the Mayor and Council setting forth the number
and nature of all claims made hereunder and the rules and regulations
which were established and carried out in implementing the supplementary
coverage established hereby.
[Amended 3-13-1996 by Ord. No. O-17-96]
A.
Any full-time permanent employee of the City of Rahway
who shall be injured or disabled directly resulting from or arising
out of his/her employment with the City of Rahway and who is entitled
to, qualifies for, and is receiving workers' compensation pursuant
to N.J.S.A. 34:15A-1 et seq. as a result of that injury or disability
shall be granted a leave of absence up to one year duration from the
date of the occurrence of that injury or disability in accordance
with the terms of this section.
B.
To qualify for leave in accordance with this section,
the employee requesting same must submit to an examination by a physician
designated by the Business Administrator of the City of Rahway, and
said physician must certify to the employee's injury or disability.
C.
Employees receiving leave in accordance with this
section shall be entitled to and will receive their base pay, less
any workers' compensation benefits received by them for the subject
injury or disability, for the duration of that leave.
[Amended 6-11-1997 by Ord. No. O-33-97]
D.
Any employee whose employment with the City of Rahway
shall terminate during this leave shall forfeit his/her entitlement
rendered effective upon that termination date.
A management employee serving on jury duty shall
not be charged with any absence from work, but shall have his or her
compensation adjusted in such a way that the total of any compensation
for jury duty plus his or her regular wages does not exceed his or
her regular wages.
Vacation, holidays and sick leave time may be
utilized by management employees for purposes of childbirth and child
care thereafter, with scheduling of same to be by mutual agreement
of the employee and the city. Extended maternity leave without pay
may be granted by the Business Administrator to any management employee,
or, in the case of the Business Administrator, by the Mayor, for a
period not to exceed one year from the date of childbirth. Hospitalization
and medical insurance coverages shall be maintained in full force
for any employee on such leave.
Leave to members of the National Guard and to
members of reserve components of the United States military shall
be granted to management employees pursuant to the terms of applicable
law.
Management employees shall be entitled to up
to four days of leave with pay in the event of a death in the immediate
family. Such leave shall be at the discretion of the employee's department
head, subject to approval by the Business Administrator. Subject to
the same authorities, leave with pay not to exceed one day may be
granted for the purpose of attending other funeral services.
A.
Leaves of absence without pay may be granted management
employees by the Mayor for up to six months. Such leaves of longer
than six months may be granted by the Mayor with the advice and consent
of Municipal Council.
B.
Leaves of absence with pay for management employees
may be granted only by the Mayor with the advice and consent of Municipal
Council.
Department heads shall not be considered to
work any overtime nor be paid any compensatory time or extra wages.
The annual salary paid department heads shall be considered compensation
for all work performed during the year. Other management employees
may be compensated for overtime pursuant to applicable law and to
policies left to the jurisdiction of the City administration.
A.
Management employees appointed prior to July 1, 1999,
shall be paid 2% of their previous year's base salary as longevity
pay for each four years of employment they have completed. Maximum
longevity pay is 12%.
[Amended 12-13-1999 by Ord. No. O-53-99]
A.
The City of Rahway shall provide legal defense for
and against any and all claims, complaints, and/or legal actions against
management employees arising out of the performance of their duties
as employees of the City of Rahway.
B.
The foregoing shall not apply if a criminal complaint
or proceeding is brought against a management employee by a governmental
law enforcement agency or instrumentality and said complaint or proceeding
is upheld by the system of justice.
A.
Policies and working conditions for part-time management
employees shall be as per applicable law and administrative policy.
B.
Policies and working conditions for management employees
employed under federal or state grant programs shall be as per applicable
law and administrative policy.
C.
Policies and working conditions for the position of
City Clerk may be determined at any time by resolution of the Municipal
Council. In the absence of same, said position shall be governed by
the provisions of this article pertaining to department heads.
The Department of Administration shall administer
the provisions of this article and keep and maintain records respecting
the same.
