Township of Wall, NJ Municipal Employees

General statement. In the event it is determined that a reduction in the work force will take place, the Township will consider such factors as length of service, qualifications, experience, work history and its operational needs in determining which employees will be affected.

Layoff policy. General determinations of which employee(s) will be laid off will be conducted on a job classification and functional basis.

Temporary employees and/or employees who have not yet completed their probationary period of employment in any affected position will generally be terminated prior to the layoff of any regular full-time or part-time employee in that position. Exceptions may arise where removing full-time or part-time employees who do not have requisite skills and/or abilities necessary to perform the jobs previously performed by such temporary or short-term employees may be necessary, particularly where the position is directed by state statute.

Where there is more than one regular full-time and/or part-time employee in a position affected by a reduction in work force, the Township will consider such factors as work record, past attendance, qualification, skill, experience, overall flexibility within the department and length of service with the Township and/or in the position, in determining which employee or employees will be laid off.

Recall policy. Generally, employees with the longest service in a position to be filled will be recalled to that position first, if and when increases in that position occur.

Regular full-time and part-time employees who are laid off due to a staff reduction may be extended an invitation to return to work following the layoff in the event the Township determines an increase in staff is warranted. This invitation will normally be offered for only three days after a layoff period.

Employee recall opportunities will expire after one year following a layoff or for a period equal to the employee's most recent length of continuous service with the Township, whichever is sooner.

Employees who are recalled and begin employment within the applicable period will retain credit for past continuous service up to the date of layoff for purposes of such benefits as vacation earning, rates and similar benefits. The period of layoff is not counted as continuous length of service in a computation of longevity payments.

Employees who are not recalled within the relevant period or refuse an offer of reemployment will be considered terminated as of the end of the relevant period or as of the date of refusal, whichever is applicable.

Temporary employees and employees on probation when staff reductions occur will be terminated and will normally not be extended any recall privileges.

(f)

The affirmative action officer shall review decisions made concerning specific personnel to be laid off or recalled for compliance with equal employment opportunity laws.

(g)

Medical and other insurance benefits shall continue for full-time laid-off personnel, for one month after the month in which they are terminated.

Basis for appointment. Appointments to Township employment shall be made on the basis of information contained in the application for employment and such other information as may be obtained in the personal interview or employment investigation process. Any misstatement or withholding of pertinent information by the applicant will be considered as sufficient cause for immediate separation from the service of the Township.

Probationary service. Except where statutory requirements direct otherwise, all new, rehired or transferred employees, except those covered by collective bargaining agreements, shall serve a period of probation of a minimum of 90 days. New hires in an entry-level position will have a probationary period of one year. Within that time frame, two reviews shall take place with feedback on work performance. All entry-level positions will have the possibility of increases not to exceed $1,000 each based on the two performance reviews during the one-year probationary time. "Entry-level" positions shall be defined as those that do not require a certification or degree. All full-time employees shall be entitled to insurance and sick leave benefits commencing on the first day of the month following the first 30 days of employment. All full-time employees shall be entitled to the other personnel benefits of this article commencing on the 31st day of employment.

[Amended 12-28-2016 by Ord. No. 17-2016]

Personal history file. The Department of Personnel will check all papers and records for completeness and establish a personnel file for each and every employee of the Township.

[Amended 12-28-2016 by Ord. No. 17-2016]

Employees covered. The benefits of this article are intended to cover only permanent full-time employees, elected officials and part-time employees where specified. Temporary and seasonal employees shall not receive any of the benefits of this article.

[Amended 12-28-2016 by Ord. No. 17-2016]

Part-time employees.

Regular part-time employees are defined as those who work an average of 20 or more hours per week, averaged over a calendar quarter. In lieu of all earned time provisions contained elsewhere in this article, such employees will be entitled to eight hours of paid time off per calendar quarter.

Part-time employees will not be entitled to longevity.

Exceptions; personnel covered by collective bargaining agreements. The benefits, rules and regulations of this article shall apply to all Township personnel defined above except those covered by collective bargaining agreements entered into between the Township Committee and duly recognized collective bargaining units of the Township. Anything set forth in the collective bargaining agreements inconsistent with the provisions of the personnel chapter shall be controlled by the collective bargaining agreements. Any subject matters of the personnel chapter which are not covered in the collective bargaining agreements shall be controlled by this personnel chapter.

Whistle-blower policy. The Township shall not take any retaliatory action against an employee because the employee does any of the following:

Disclose or threaten to disclose to a supervisor or a member of the governing body or to a public body, as defined in the Employment Protection Act (N.J.S.A. 34:19-1 et seq.), an activity, policy or practice of the Township that the employee reasonably believes is in violation of a law, or Township policy.

Provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation promulgated pursuant to law by the Township.

Objects to or refuses to participate in any activity, policy or practice which the employee reasonably believes is in violation of a law, or a rule or regulation promulgated pursuant to law; is fraudulent or criminal; or is incompatible with a clear mandate of public policy concerning the public health, safety, or welfare.

Procedure. In accordance with the state statute, the employee must bring the activity, policy or practice in violation of a law, or a rule or regulation promulgated pursuant to law to the attention of a supervisor or the employee, a department head, or the personal officer by written notice.

The employee shall grant the Township a reasonable opportunity to correct the activity, policy or practice.

Disclosure shall not be required where the employee is reasonably certain that the activity, policy or practice is known to one or more supervisors of the Township or where the employee reasonably fears physical harm as a result of the disclosure or where the situation is emergent in nature.

The Township will not tolerate any retaliatory action taken by any employee, supervisor, or elected official as a result of bringing the activity to its attention.

In accordance with statute, a copy of this policy of the Township employees' protections and obligations shall be posted in all Township facilities.

Contagious disease policy.

It shall be an unlawful practice for the Township, or any employee, or supervisor to do or attempt to do any of the following as a result of the fact, in whole or in part, that a person has AIDS, associated conditions or any other contagious disease:

Fail to refuse to hire, or to discharge any person, or otherwise to discriminate against any person with respect to compensation, terms, conditions or privileges of employment.

Limit, segregate or classify employees or applicants for employment in any manner which would deprive or tend to deprive any person of employment opportunities, or adversely affect his or her employment status.

Fail to refuse to refer for employment any person, or otherwise to discriminate against any person.

Discriminate against any person in admission to, or employment in, any program established to provide apprenticeship or other training or retraining, including any on-the-job training program.

Bona fide occupational qualification not prohibited; burden of proof.

Nothing contained in this section shall be determined to prohibit the selection, rejection or dismissal of an employee based upon a bona fide occupational qualification. A bona fide occupational qualification exists under this section where the Township can demonstrate that the absence of AIDS or other contagious disease is reasonably necessary to the essence of the Township's business and that all or substantially all persons with AIDS or other contagious disease are unable to perform the duties of the position in question without harm to themselves or others.

Nothing in this section shall be deemed to prohibit the selection, rejection, or assignment of an employee where, because a person has AIDS or other contagious disease, he/she is unable to perform his or her duties, or is unable to perform such duties in a manner that would not endanger his or her health or safety or the health or safety of others.

Nothing in this section shall be deemed to prohibit the selection or rejection of an applicant for employment where it can be demonstrated that the Township is unable to reasonably accommodate a person who has AIDS or other contagious disease, without undue hardship on the conduct of the Township's business.

In any action brought under this policy, if a party asserts that an otherwise unlawful discriminatory practice is justified as a bona fide occupational qualification, that party shall have the burden of proving:

That the discrimination is in fact the necessary result of a bona fide occupational qualification;

That there exists no less discriminatory means of satisfying the occupational qualification.

Exceptions. It shall not be an unlawful discriminatory practice for the Township to observe the conditions of a bona fide employee benefit system, provided that such systems or plans are not a subterfuge to evade the purposes of this section.

Township's facilities and services.

It shall be an unlawful practice for any employee to deny any person the full and equal enjoyment of, or to impose different terms and conditions on the availability of any of the following, as a result of the fact, in whole or in part, that a person has AIDS or other contagious disease:

Use of any Township facilities or service.

Any service, program or facility, wholly or partially funded or otherwise supported by the Township.

Exceptions set forth in Subsection N(2) above, entitled "Bona fide occupational qualification not prohibited; burden of proof," are also applicable to this subsection on Township facilities and services.

Health and safety exception affirmative defense. The affirmative defenses described herein shall be applicable to the preceding sections. In any action brought by a party asserts that an otherwise unlawful discriminatory practice is justified as necessary to protect the health or safety of a person who has AIDS or other contagious disease or associated conditions or the health and safety of the general public, that party must establish a defense by proving:

That the discriminatory act is necessary to avoid an imminent and substantial risk to a person who has AIDS or other contagious diseases, or associated conditions; or

That the discriminatory act is necessary to avoid a danger to other significantly greater than that posed by persons without AIDS, or other contagious diseases; and

That there exists no less discriminatory means of protecting health and safety.

The Township shall not require any person to take a test or undergo any medical procedure designed to show or help to show that a person has AIDS or other contagious disease or any of the associated conditions covered by this policy. This does not apply if the Township can show that the absence of AIDS or contagious disease is a bona fide occupational qualification as defined herein.

Drug and alcohol policy.

It is the Township of Wall's policy to provide its employees with a work environment that is free from the effects of illegal drugs and alcohol. Employees of Wall Township are responsible for cooperating and actively participating in the effort to keep illegal drugs and alcohol out of the workplace and to maintain a work environment free from the effects of illegal drugs and alcohol.

As a result, the use, sale, possession, distribution, control, and transportation of illegal drugs or being under the influence of alcohol or illegal drugs on the job or on the employer's property is prohibited. Employees who violate this prohibition or who are involved in illegal drug activities whether on or off the job will be subject to disciplinary action by the employer up to and including discharge.

While recognizing that employees are responsible for making their own lifestyle choices, the employer will not accept even small risks that on-the-job or off-the-job drug use by employees might cause or contribute to accidents or other safety or performance problems. Recognizing that any measurable amount of an illegal drug in a person's body can put that person under the influence of the drug to some degree, even if the impairment is not readily apparent to the layman, the employer's policy regarding drugs strives for, and requires, a "drug-free" work force.

Sexual harassment policy.

General statement of policy. Sexual harassment is a form of sex discrimination. It is the policy of the employer to maintain a learning and working environment that is free from sexual harassment. The employer prohibits any form of sexual harassment.

It shall be a violation of this policy for any employee of the employer to harass an employee through conduct or communication of a sexual nature as defined by this policy.

The employer will investigate all complaints, formal or informal, verbal or written, of sexual harassment and discipline any employee who sexually harasses another employee of the employer.

Sexual harassment defined.

Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:

Submissions to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment; or

Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment; or

That conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual's employment, or creating an intimidating, hostile or offensive employment environment.

Any sexual harassment as defined when perpetrated on an employee by any employee will be treated as sexual harassment under this policy.

Sexual harassment may include but is not limited to:

Verbal harassment or abuse;

Subtle pressure for sexual activity;

Inappropriate patting or pinching;

Intentional brushing against an employee's body;

Demand for sexual favors accompanied by an implied or overt threat concerning an individual's employment;

(f)

Demand for sexual favors accompanied by an implied or overt promise of preferential treatment with regard to an individual's employment status; or

(g)

Any unwelcome sexually motivated touching.

Reporting. All employees have a right and are encouraged to informally or formally report any and all statements, acts, or behavior by a coemployee or employees, supervisory employees, elected officials or visitors.

Informal complaints.

A complaint should be reported to the supervisor of the department in which the employee works who in turn shall report the complaint to the Personnel Officer. The Personnel Officer, working with the supervisor, is responsible for investigating information charges and arranging a mutually satisfactory disposition. the Personnel Officer or supervisor may speak informally with the alleged harasser in an effort to correct the offending behavior and prevent retaliatory behavior. It should be stated firmly and clearly that the behavior is unwelcome.

In case either the Personnel officer or supervisor is involved in the complaint, the matter shall be reported to the Township Administrator. If the employee feels the complaint cannot be brought to the Township Administrator, such complaint may be made to the Township Committee, but any complaint not made to the employee's immediate supervisor must be accompanied by the sworn statement of the complainant that the persons to whom the complaint should otherwise have been directed cannot, in the mind of the complainant, be objective about the sexual harassment charge.

If the complainant is informed by his/her supervisor or the Personnel Officer that said persons are not, within the confines of the disposition of the complaint, able to arrange a mutually satisfactory disposition, the complainant may file a formal complaint.

Formal complaints.

An individual alleging sexual harassment may file a formal complaint with the Personnel Officer in writing within 45 days of the incident. In case the Personnel Officer is involved in the complaint, the matter shall be reported to the Township Administrator. If the employee feels the complaint cannot be brought to the Township Administrator, such complaint may be made to the Township Committee, but any complaint not made to the Personnel Officer, must be accompanied by the sworn statement of the complainant that the persons to whom the complaint should otherwise have been directed cannot, in the mind of the complainant, be objective about the sexual harassment charge.

A formal complaint may also be lodged verbally; however, the Personnel Officer shall then summarize the verbal allegations, including the date, time and place that the employee made the complaint, and specific allegations of the employee, in writing, and the employee must affirm the accuracy of the information by signing such.

Investigations.

Complaints will be kept confidential to the extent possible; however, anonymity cannot be guaranteed if action must be taken against the wrongdoer as testimony of the victim may be necessary or where law requires disclosure.

The Personnel Officer shall promptly conduct an investigation of the allegations in the complaint. Upon completion of the investigation, the Personnel Officer shall issue a determination setting forth the findings in the matter and recommending an action to the Township Administrator.

The investigation shall include the taking of statements from the complainant and taking statements from any witnesses and coworkers, as well as the alleged harasser. The objective of the investigation is to obtain the basis for the complaint while giving fair notice to the accused of the facts upon which the complaint is based.

Discipline. Any employee who violates this policy will be subject to appropriate discipline. This may include dismissal, depending upon circumstances as well as frequency and severity of the activity consistent with disciplinary procedures.

Policy prohibiting other forms of harassment in the workplace. Consistent with the Township's policy of equal employment opportunity, harassment of employees or job applicants based on their race, sex, religion, national origin, age, marital status, sexual or affectional orientation, or disability status will not be tolerated by Wall Township. While it is not easy to define harassment, harassment includes slurs, epithets, threats, unwelcome phone calls, derogatory comments, unwelcome jokes and teasing. In an effort to ensure that such conduct is eliminated from the work place, the Township utilizes the same complaint procedure described in Subsection P concerning sexual harassment for complaints of harassment based on these factors as well.

§ 33-4 Working time and attendance on job.

The following regulations are hereby established relative to working time and attendance on job by municipal employees:

Time and attendance records.

[Amended 12-28-2016 by Ord. No. 17-2016]

Accurate time and attendance records shall be maintained on each employee by the person in charge of the department, office, or unit, who will certify to the accuracy of the report each pay period to the payroll authority of the Township.

Effective January 1, 2017, employees shall receive 24 pays per year with paydays on the 15th and the last day of the month. When the 15th or the last day of the month falls on a weekend or holiday, employees shall be paid on the closest preceding business day. There will be 24 pays over the course of a year. Also effective January 1, 2017, all full-time and part-time nonseasonal employees shall be required to utilize direct deposit for payroll purposes.

Longevity pay.

[Amended 2-13-2002 by Ord. No. 1-2002; 3-9-2005 by Ord. No. 6-2005; 12-28-2016 by Ord. No. 17-2016]

Longevity pay of a percentage of the current annual base salary will be paid to each full-time permanent Township employee not covered by a collective bargaining agreement for continuous service on the following basis: after completion of three years' continuous service, 2%; five years, 4%; 10 years, 6%; 15 years, 8%; 20 years, 10%.

Full-time permanent Township employees not covered by a collective bargaining agreement hired after January 1, 2017, will receive longevity pay on the following basis: after completion of five years' continuous service, 2%; 10 years, 5%; 15 years, 7%; 20 years, 10%.

Scheduled work periods. The regularly scheduled work period for Township employees shall be as follows, except as may be modified by the Township Committee or Township Administrator during emergencies, adverse weather conditions, or for other appropriate reasons:

Administrative and clerical. Eight hours daily, including a one-hour lunch period, Monday through Friday.

Police Department. The number of days per week and the number of hours to be served per day by members of the Police Department shall be determined by the Chief of Police, subject to the approval of the Township Committee, and in accordance with the collective bargaining agreement.

Public Works Department. The number of days per week and the number of hours to be served per day by members of the Public Works Department shall be determined by the Superintendent of Public Works, subject to the approval of the Township Committee, and in accordance with the collective bargaining agreements.

Lunch hours. The lunch hour of an employee shall be determined by the workload of the department and shall be subject to the approval of the department head.

Part-time employees. No part-time employee shall work more than 28 hours per week on average.

[Added 2-26-2014 by Ord. No. 3-2014]

Overtime.

[Amended 5-22-2013 by Ord. No. 13-2013]

The Fair Labor Standards Act ("FLSA") entitles nonexempt employees to overtime compensation calculated at a rate of 1 1/2 of the employee's regular rate of pay, for all hours worked in excess of 40 hours per week. Exempt employees under the FLSA are not entitled to overtime compensation.

Overtime shall be minimized, but when the Township service requires it, the Township's nonexempt employees may be required to work overtime if budgeted and approved by the department head and Township Administrator. Nonexempt employees working overtime without prior approval will be subject to disciplinary action.

It is the Township's policy that nonexempt employees who work over 40 hours per week will receive overtime compensation at a rate of 1 1/2 of his/her regular rate of pay. Sick, vacation, and personal leave, as well as unpaid meal breaks, are not considered time worked for purposes of determining overtime compensation. Overtime for members of the Public Works Department and the Police Department shall be governed by collective bargaining agreements.

Compensatory time. Compensatory time off shall be accorded to nonexempt employees only for hours worked in excess of a thirty-five-hour work period, subject to the following conditions:

[Amended 3-9-2005 by Ord. No. 6-2005; 5-22-2013 by Ord. No. 13-2013]

The Township, in accordance with the FLSA, will permit nonexempt employees to accumulate compensatory time in lieu of overtime compensation in his/her compensatory bank, not to exceed a total of 105 hours at any given time.

Before a nonexempt employee may utilize his/her accrued compensatory time, s/he must submit a request to his/her supervisor at least two days prior to the requested time off. The nonexempt employee's supervisor may approve the request if the absence does not cause undue hardship to the department.

Compensatory time shall be utilized as time off and shall not be compensated monetarily.

Hours worked in excess of a thirty-five-hour week and up to a forty-hour week shall be credited at straight time.

In lieu of overtime compensation, hours worked in excess of a forty-hour week shall be credited as compensatory time at a rate of time and one-half.

Nonexempt employees eligible for compensatory time shall submit time records in a form and manner to be established by the Township Administrator.

Compensatory time shall be calculated on the basis of hours actually worked. Sick, vacation and personal leave, as well as unpaid meal breaks are not considered time worked for purposes of determining overtime compensation.

As of the effective date of this Subsection E, any Township employee exempt from receiving overtime, pursuant to the FLSA, hired or promoted into such a position after October 1, 2012, will not be entitled to compensatory time. This clause shall include the Township Administrator and Chief of Police who were hired prior to this date.

All other employees hired before October 1, 2012, shall continue to earn compensatory time in accordance with this Subsection E but will be required to utilize the compensatory time in the year in which it was earned. There shall be no carryover from year to year with the exception that compensatory time earned in the month of December may be carried over to the following year.

Inclement weather. The Township Administrator shall have the responsibility to close the Municipal Building on days when, in his opinion, inclement weather has become a safety hazard for employees of the Township. Should the Municipal Building be closed for any day or part thereof, such closing shall not entitle any employee on approved leave to any additional leave time due to the closing of the Municipal Building.

Dress and appearance. All Township employees shall report for work each day dressed in a neat and clean manner or, if applicable, in proper uniform.

Employees serving as volunteers. Employees who serve as volunteer members of a Township first aid squad or a Township fire company shall be permitted to leave the work site in the event of a bona fide emergency after notifying and receiving approval from the department head.

Substance abuse policy.

The Township will endeavor to assist an employee with a drug or alcohol abuse problem in locating and obtaining any necessary medical, psychological or other assistance to eliminate substance abuse through the use of the Wall Youth Center, which shall serve as the Township's in-house treatment agency. However, due to the Township's obligation to serve the public and the frequent contact by Township employees with members of the public, such assistance will be provided to an employee on the first occasion when a substance abuse problem is manifested. Any recurrence of the substance abuse problem during the course of employment will result in termination of the employee.

In addition to the use of the Wall Youth Center as the Township's in-house treatment agency, the use of an outside professional or agency for substance abuse or other psychological evaluation or treatment may be authorized, in appropriate circumstances, by the Township Administrator.

Assignment of work. The Township reserves to itself all usual, customary, necessary and appropriate management rights including, without limitation, the right to assign employees to work duties as the Township Administrator determines from time to time is necessary for the proper and efficient operation of the Township. The Township Administrator shall provide to each department head job descriptions for each of the employees in each department of the Township, with the exception of uniformed officers in the Police Department.

§ 33-5 Grievance procedures relative to employees.

It is the policy of the Township that every employee shall always be treated fairly, courteously, and with respect. Conversely, each employee shall always accord the same treatment to his fellow municipal employees, associates, department heads and to the general public.

Whenever an employee has a grievance, he should first present it verbally to his immediate supervisor or department head. In the event said grievance cannot be solved by the immediate supervisor or department head, the employee shall present his or her grievance in writing to his or her immediate supervisor and the grievance shall be promptly referred through the levels of authority necessary to resolve the grievance, with the Township Administrator responsible for making the final determination with respect to any employee grievance. The determination of the Township Administrator may be appealed as provided by law.

§ 33-6 Absences.

The following regulations pertaining to absences from duty of employees are hereby established:

Recording absences. Absences from duty shall be classified as "sick leave," "vacation leave," "personal leave," "bereavement leave," "leave without pay," or "other" and are to be so noted on the daily time reports. The reason for each absence listed on the time report as "other" will be noted thereon, with a statement as to whether or not the absence was approved by the department head. All absences for any reason are to be recorded and filed with the Personnel Coordinator.

Notification of absence. Each employee must notify his immediate superior or department head of any absence from duty. If not possible to do so in advance of the working day, the report shall be made by telephone or otherwise, as early as possible on the day the employee is absent. If unable to contact his immediate supervisor or department head, the employee shall notify the Township Administrator. Employees on prolonged sick leave shall contact their supervisor weekly with updates of their condition.

Leaves of absence. Leave of absence without pay may be requested by an employee, who shall submit in writing all facts bearing on the request, to his department head, who will append his recommendation, and forward the request to the Township Administrator for consideration by the Township Committee. Each case will be considered on its merits, and without establishing a precedent.

Annual vacation. Annual vacation with pay is credited from date of employment and is authorized on the following basis:

[Amended 5-22-2013 by Ord. No. 13-2013; 12-28-2016 by Ord. No. 17-2016]

No employee shall be entitled to any vacation time prior to the first anniversary of his date of employment unless authorized by resolution at the time of hire by the Township Committee upon the recommendation of the Township Administrator as a result of negotiations during the recruitment/hiring process of professional staff to fill a vacancy.

Effective January 1, 2017, new employees will be awarded vacation time on January 1 of the subsequent year after the date of hire. An employee hired between January 1 and July 1 shall receive 10 vacation days the subsequent January 1. An employee hired between July 2 and December 31 shall receive five vacation days the subsequent January 1 and another five vacation days July 1. They shall receive 10 vacation days every January 1 thereafter. Upon separation, all vacation time for that current year will be prorated.

During the calendar year in which time the fifth anniversary of his employment occurs, and thereafter, each employee shall be entitled to take 15 working days' vacation.

During the calendar year in which the 10th anniversary of his employment occurs, and thereafter, each employee shall be entitled to take 20 working days' vacation.

During the calendar year in which the 15th anniversary of his employment occurs, and thereafter, each employee hired before January 1, 1991, shall be entitled to take 25 working days' vacation.

During the calendar year in which the 20th anniversary date of his employment occurs, and thereafter, each employee hired before January 1, 1991, shall be entitled to take 30 working days' vacation.

Any employee hired during the month of December in any year shall be considered as being hired on the following January 1 for the purpose of computing vacation time. Except as indicated in Subsections A and B above, all vacation time may be scheduled during any part of the calendar year, subject to the needs of service in the discretion of the department head and on the basis of seniority.

Each employee must take his authorized annual vacation during each calendar year and shall not be permitted to accumulate the same from year to year, except that an employee who does not take vacation leave that accrues in a given year because of business demands shall be granted that accrued leave only during the following year. The Township Administrator will determine if business demands prevented an employee from taking vacation leave in a given year. Compensation in lieu of unused vacation time will not be allowed. Each employee shall submit a written request to the department head and each department head shall submit a written request to the Township Administrator for approval of the specific dates for the employee's annual vacation. Effective January 1, 2017, employees may carry over five vacation days to the subsequent year only if the employee was unable to take vacation leave that accrues in a given year because of business demands. The Township Administrator will determine if business demands prevented an employee from taking vacation leave in a given year. However, upon separation from Township employment, there will be no compensation made for any days carried from the prior year that remain unused.

[Amended 10-26-2022 by Ord. No. 18-2022]

(9)

Prepayment of vacation pay may be made to employees during the week preceding vacation, provided that a written request therefor, signed by the department head, is received by the Personnel Department at least three weeks prior to the date the check is to be issued.

(10)

When an employee leaves the Township's employ and subsequently is reemployed, the date of reemployment is to be used as the employee's anniversary date with the Township for purposes of entitlement to vacation time.

(11)

When an employee is absent for any reason, except annual vacation or authorized personal days, for a period in excess of 20 consecutive working days, the amount of annual vacation days and personal and sick days earned by the employee during the year or years in which the absence occurs shall be reduced pro rata on the basis of the relationship between the number of working days the employee is absent to the number of working days in the year.

(12)

When an employee is absent, for any reason, in excess of six consecutive months, the employee's Township employment may be terminated by the Township Committee and, in such event, all benefits and other entitlements of Township employment shall cease.

Holidays.

The official holidays for all Township employees shall be:

[Amended 10-26-2022 by Ord. No. 18-2022]

New Year's Day

Birthday of Martin Luther King Jr.

Presidents' Day

Good Friday

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

The day after Thanksgiving Day

Christmas Day

One additional holiday to coincide with each individual employee's birthday

Employees regularly scheduled to work on a holiday shall receive additional compensation at their straight time rate for the work period. When an official holiday occurs during an employee's vacation the employee is entitled to an additional day of vacation. When a holiday falls on a Saturday, the prior Friday shall be observed. When a holiday falls on a Sunday, the succeeding Monday shall be observed.

Sick leave.

[Amended 5-12-2004 by Ord. No. 8-2004; 3-26-2014 by Ord. No. 4-2014; 12-28-2016 by Ord. No. 17-2016]

Accumulation of sick leave.

[Amended 10-26-2022 by Ord. No. 18-2022]

Sick leave with pay shall be credited to each permanent full-time employee on the basis of one day per month of continuous service, for a total of 12 days per year.

All permanent full-time employees hired prior to May 21, 2010, with the exception of those covered by Subsection F(1)(c), upon separation in good standing from service, each permanent full-time employee shall be entitled to 1/2 day's pay, at the rate of pay in effect at the time of separation, for each full day of unused accumulated sick leave up to a maximum of 120 days' accumulated sick leave; provided, however, that the monetary compensation to be paid for unused accumulated sick leave shall not exceed $7,500 per employee.

In accordance with N.J.S.A. 40A:9-10.2, effective June 8, 2007, a high-ranking employee in a position which is appointed by an elected public official with consent of the governing body will have unused sick time payout capped at $7,500. This compensation shall be payable only at the time of retirement.

In accordance with N.J.S.A. 40A:9-10.4, any employee hired after May 21, 2010, will have unused sick time payout capped at $7,500. This compensation shall only be taken at the time of retirement. Employees will not be eligible for compensation for accrued unused sick leave in the event of separation or death.

For all employees hired after January 1, 2017, the maximum compensation paid for unused sick days shall be $5,000. This compensation shall be payable only at the time of retirement. Employees will not be eligible for compensation for accrued unused sick leave in the event of separation or death.

In all cases of reported illness or disability, the Township reserves the right to have a physician designated by the Township to examine and report on the condition of the patient-employee to the department head and Township Committee.

When the absence on account of illness or disability does not exceed two days, normally the employee's statement of the cause will be accepted without a supporting statement from his attending physician, although the Township may have any employee examined by a licensed physician at any time if it elects to do so. The Township also reserves the right to waive this requirement or to require the employee to be examined by a physician designated by the Township and to have the employee certified as fit for duty before the employee returns to work.

During protracted periods of illness or disability, the Township may require interim reports on the condition of the patient, at weekly or biweekly periods, from the attending physician and/or a physician designated by the Township. When under medical care, employees are expected to conform to the instruction of the attending physician if they wish to qualify for salary payment during such period of illness or disability. For the purposes of receiving disability insurance, this subsection shall be administered in accordance with § 33-12 of this chapter.

The Personnel Coordinator will receive updated attendance records for each employee in a format prescribed by the Township, upon which he/she will record the total sick leave. All absences will be maintained in these records, and all sick leave earned and consumed or used for each completed continuous service year will be shown on this record. Employees having exhausted all of their sick leave will not receive any further sick leave or compensation in lieu thereof until same has been accumulated and earned by the employee's subsequent service.

[Amended 10-26-2022 by Ord. No. 18-2022]

Where employees have left the Township's employ and subsequently are reemployed, the date of reemployment is to be used as employees' service date with the Township for purposes of crediting sick leave.

Sick leave may be allowed for ordinary dental care and for the service of an oculist for normal eye care when such professional services are not readily available outside of work hours.

An employee who is certified as absent on account of a disability or accident caused in the usual hours of his employment and directly in the line of duty shall not have such absence charged against his sick leave.

(9)

Any employee on sick leave, and receiving his normal compensation, who, in addition, qualifies for payments under workers' compensation weekly benefits, shall during the period he is receiving such weekly benefits be entitled only to that portion of his regular salary which, with the workers' compensation payments, equal his normal salary.

(10)

Nothing contained herein shall be considered to be in derogation of or restrictive of any statute now in effect limiting the period during which Township employees may be compensated for leave on account of disability or of illness (such as N.J.S.A. 40:11-8 and 40:11-9,[1] pertaining to the Police Department) but these provisions are to be construed and administered in conjunction therewith.

Editor’s Note: N.J.S.A. 40:11-8 and 40:11-9 were repealed by L. 1971, c. 200 (§ 40A:9-22), and L. 1971, c. 197 (§ 40A:14-176), respectively, effective July 1, 1971.

(11)

Any employee hired prior to May 21, 2010, who has completed at least 21 years of full-time employment with the Township and has filed a written letter of resignation or retirement with the Township Clerk which is to be effective in the second or third calendar year subsequent to when it was filed may file an election to have accumulated sick leave paid to the employee before separation under the following circumstances (high-ranking employees as defined in N.J.S.A. 40A:9-10.2 shall not be eligible for this provision):

[Amended 10-26-2022 by Ord. No. 18-2022]

The election must be filed by December 1 of the calendar year preceding the first year within which payment is sought.

The election must state whether payment is to occur over two or three years. Payment shall be made in equal payments.

The value of a sick day will be calculated for the year in which the payment is made.

In order to receive a payment in any year, the employee's employment must be and remain in good standing.

The election may be made only once by any employee. If the employee does not retire as stated in the notice of election, those days for which the employee has already been paid shall be permanently subtracted from his or her sick leave entitlement.

(f)

The election of payment is irrevocable. In the case of death of an employee before the full payment provided for in the election, the remaining sums will be paid to the employee's estate.

(g)

As part of the election, and if the employee so indicates, in writing, at the time of the election, the amounts to be paid hereunder may be paid to the employee's deferred compensation account, to the extent provided by law.

Family leave. In the case of an employee with a newly born or adopted child or a seriously ill family member, family leave may be granted pursuant to the provisions of the Family Leave Act, N.J.S.A. 34:11B-1 et seq.

[Amended 10-26-2022 by Ord. No. 18-2022]

Jury duty. It is the public policy of this Township to encourage Township employees to perform all their duties and responsibilities of citizenship and accordingly if any Township employee is legally selected for jury duty, every effort shall be made to enable such employee to serve as juror. To that end the department heads of the Township government shall use every reasonable endeavor to aid the employee in performing jury duty. Each employee shall be paid for time served as juror in such amount as will compensate the employee for any loss sustained by the employee, being the difference between the amount of salary and jurors compensation for the days required in service as juror.

Bereavement. In the event of a death in the immediate family of an employee (spouse, children, parents, brothers, sisters, grandparents, spouse's parents, or grandparents of spouse), the Township will grant a three-day leave of absence with pay to the employee. In the event of a death of any other relative, the Township will grant a one-day leave of absence with pay to the employee. If additional time is necessary in order to manage the affairs related to this death, the employee may utilize additional benefit time (i.e., sick, vacation, personal), up to a maximum of five days, with an explanation to be submitted to their respective department head.

[Amended 12-28-2016 by Ord. No. 17-2016]

Personal days. All Township employees, not covered by a collective bargaining agreement, shall be entitled to take up to four days off per year with pay so as to conduct those personal matters which can only be conducted on regular business days. The election of days to be taken shall be subject to advance approval by the employee's department head. Personal days shall not be accumulated from year to year.

Military leave.

[Amended 3-9-2005 by Ord. No. 6-2005; 9-14-2005 by Ord. No. 26-2005]

Policy. It is the policy of the Township to prevent, to the extent practical, economic disruption to those employees who serve in the reserves of any component of the military service of the United States, or in the National Guard, who are called, as a result of such service, to a period of federal or state active duty.

"Activated reservist" or "militia member" defined. As used in this section, "activated reservist" or "militia member" means any individual currently serving in the reserves of any branch of the United States Armed Services or in the organized State Militia consisting of the Air and Army National Guard, Naval Militia, and State Guard of New Jersey, or of any other state, who receives, pursuant to that service, orders to be engaged in a period of federal or state active duty.

"Active duty" definitions.

"Federal active duty," as used in this section, means active duty and active duty for training as defined by state law, and, as ordered by the federal government, but does not include weekend drills.

"State active duty," as used in this section, means active duty and active duty for training as defined by state law, and, as ordered by the state government, but does not include weekend drills.

Differential pay. Following exhaustion of any statutory entitlements to full Township pay, an activated reservist or militia member shall be entitled to differential pay as follows:

Differential pay calculated. Upon presentation of the orders to federal active duty or state active duty of the activated reservist or militia member to the Township, the Township shall calculate the amount necessary to be added to that employee's military pay over the course of his entire activation which, when added to the military pay, will equal what the activated reservist or militia member would have received had he been paid at the municipal salary for that period. In determining that amount, the Township shall not include the amount of the military pay received by the employee during the period of statutory entitlement to both military and municipal pay in any and all calendar years that the entitlement arises.

Differential pay procedure. Once the above amount is calculated, upon exhaustion of the period provided by statute for both municipal and military pay, the Township shall pay to the activated reservist or militia member the differential pay amount evenly divided among the pay periods from the close of the statutory period until either the end of the calendar year or the end of the activation, whichever is earlier. If the payments end at the close of the calendar year, they shall resume again once the new entitlement to both municipal and military pay in the new calendar year under statute expires, and the activated reservist or militia member would otherwise be receiving only the military pay. If the activation is for a longer or shorter period of time than anticipated, appropriate adjustment shall be made at the close of the activation to ensure the activated reservist or militia member receives what he or she would have received if the activation had not occurred. Such adjustment shall be accomplished by further payments or withholdings in the case of overpayment.

The Chief Financial Officer shall apply for reimbursement for any amounts of military pay the Township must expend if the Township is eligible for same pursuant to N.J.S.A. 52:13H-2.1 or any other state or federal law or regulation.

Medical leave. Whenever an employee is unable, due to a medical disability, certified in writing to the Township Administrator by a physician licensed to practice in the State of New Jersey, to perform all of the duties and responsibilities of his or her Township employment, the employee shall be eligible for medical leave without pay for a period not to exceed six months.

Effect and length of unpaid leaves of absence. During an unpaid leave of absence, an employee will not accumulate any leave, vacation time or other entitlements dependent upon length of service. If the absence of an employee on medical leave exceeds six months or the absence of an employee on family leave exceeds three months, the employee's position with the Township shall be deemed to be vacant and the employee's service with the Township terminated.

No accrual of benefits during leave. During the utilization of unused leave of any kind prior to an employee's separation from service, the employee shall not accumulate any leave, vacation time or other benefits or entitlements based upon length of service.

§ 33-7 Separation of employees.

The following regulations shall apply to the separation of employee-employer relations between employees of the Township and the Township as employer:

Separation from the service of the Township may result from voluntary resignation of the employee, regular or disability retirement of the employee, the death of an employee, or the termination of the employee's services for cause by the Township Administrator.

[Amended 12-28-2016 by Ord. No. 17-2016]

Upon receipt of a written resignation from an employee received by the department head, with a copy to the Township Administrator, at least two weeks prior to the resignation date, any employee hired prior to May 10, 2010, shall be entitled to receive his or her regular pay through date of termination, together with accumulated vacation leave and accumulated sick leave if the employee has been employed by the Township for a minimum of five years (high-ranking employees as defined in N.J.S.A. 40A:9-10.2 shall not be eligible for this provision). All unused time shall be prorated based on the employee's separation date. Any payment for accumulated sick leave in retirement shall be in accordance with § 33-6F(1). Any employee hired after May 10, 2010, or high-ranking employee as defined by N.J.S.A. 40A:9-10.2, who resigns is not eligible for compensation for accrued sick leave.

[Amended 3-9-2005 by Ord. No. 6-2005; 12-28-2016 by Ord. No. 17-2016; 10-26-2022 by Ord. No. 18-2022]

In the case of separation from Township service by reason of retirement, if written notice of the employee's intention to retire is received by the department head, with a copy to the Township Administrator, at least 30 days prior to the effective date of retirement, the employee shall be entitled to receive pay for accumulated vacation leave, longevity pay, and accumulated sick leave, subject to the applicable provisions of this article. All unused time shall be prorated based on the employee's separation date. Payment for accumulated sick leave in retirement shall be in accordance with § 33-6F(1).

[Amended 12-28-2016 by Ord. No. 17-2016; 10-26-2022 by Ord. No. 18-2022]

In the case of the death of an employee hired prior to May 10, 2010, the employee's surviving beneficiary shall be entitled to receive compensation for the employee's accumulated vacation, prorated longevity pay and accumulated sick leave without regard to the employee's length of service. Any employee hired after May 10, 2010, or high-ranking employee as defined in N.J.S.A. 40A:9-10.2 is not eligible for payment for accumulated sick leave upon the death of the employee.

[Amended 10-26-2022 by Ord. No. 18-2022]

In the case of an employee hired prior to May 10, 2010, who is terminated for cause, the Township reserves the right to deny the employee payment for accumulated vacation or sick leave or longevity pay, subject to the determination of the Township Administrator. Any employee hired after May 10, 2010, or a high-ranking employee as defined in N.J.S.A. 40A:9-10.2, that is terminated is not eligible for compensation for accrued sick leave.

[Amended 10-26-2022 by Ord. No. 18-2022]

The amount of accumulated vacation leave to which an employee shall be entitled upon separation from service pursuant to Subsections B, C, D and E hereof.

[Amended 3-9-2005 by Ord. No. 6-2005]

An employee who resigns shall tender his resignation in writing, at least two weeks prior to the requested effective date of the resignation, in order to provide sufficient time for appointing a successor. If at least two weeks' prior notice is not given to the Township, the Township reserves the right to deny the payment of accumulated leave or other benefits to the employee. Any employee hired after May 10, 2010, or a high-ranking employee as defined in N.J.S.A. 40A:9-10.2, who resigns is not eligible for compensation for accrued sick leave.

[Amended 10-26-2022 by Ord. No. 18-2022]

§ 33-8 Training, education, promotions and transfers.

[Amended 3-9-2005 by Ord. No. 6-2005; 12-20-2007 by Ord. No. 29-2007]

The following regulation shall apply to promotions and transfers of municipal employees:

Training and education.

In-service training courses. It is policy of the Township to encourage employees, whenever possible, to raise the level of competency in the performance of their duties and responsibilities, and to pursue additional education that is designed to enhance job performance. Employees shall submit a written request to the department head for authorization to attend any training or education course, seminar or program designed to enhance their abilities within the field of their employment, and may attend such programs if recommended by the department head and approved by the Township Administrator. Such requests will be approved whenever possible, subject to the demands of the workload of the employee and the department. The Township Administrator may approve reimbursement of the employee’s necessary fees for such training upon receipt of a satisfactory record of completion of the course, seminar or program.

Extended courses of study. Employees may submit a written request to the department head for authorization to attend an extended course of study which consists of at least 18 hours of instruction and which is directly related to the employee’s current position with the Township. If recommended by the department head and approved by the Township Administrator, the Township will pay the employee’s registration fees and transportation costs if a Township vehicle is not available. The transportation rate reimbursed will be pursuant to the current mileage figure approved by the IRS. The department head shall determine whether the employee may take the course of study on Township time or employee time. If taken on the employee’s time, the employee may be reimbursed monetarily at the applicable hourly rate. Upon receipt of a satisfactory record of completion of the approved course of study, the employee’s base salary will be increased by $1,000 per annum. Department heads are not eligible for such a base salary increase.

Higher education salary increase.

It is the policy of the Township to promote and encourage the pursuit of higher education for all of its employees. Higher education benefits the Township and improves the daily function and operation of individual Township departments. Any employee not covered by a collective bargaining agreement who, while working for the Township, earns a higher education degree as follows will receive a one-time applicable monetary increase to the employee’s base salary upon receipt by the Township Administrator of a satisfactory record that the degree has been obtained, as follows:

Associate Degree: $3,000 base salary increase.

Bachelor’s Degree: $3,000 base salary increase.

Master’s Degree: $3,000 base salary increase.

This policy does not apply to any education degree held by an employee at the time of hiring by the Township and is intended to encourage employees who do not already hold such degrees to pursue higher education.

Promotions within staff. Whenever it is practical to do so, promotions will be made from within the ranks of the Township staff of municipal employees, provided there are qualified employees available capable of performing the required duties in a satisfactory manner.

Transfers within Township. Transfers from one position or department to another will be made when it would be advantageous to the Township and/or the employee to make such a transfer. The Township reserves the right, however, to publicly advertise for any open position within the Township.

Employees' list of skills and training. Employees are requested to file with their respective department heads a list of their skills and special training in order that the Township may make the best possible use of all the capabilities and potentialities of its personnel.

Department head's duties. Department heads will be responsible for on-the-job instructions, as well as for providing guidance for all employees under their leadership and supervision.

Criteria for promotions or merit increases. Promotions from within the ranks and merit increases in salary shall be based upon merit, character, qualifications, and work habits as determined by an impartial review of all available facts by the Township Administrator. Each department head shall at least annually prepare a written evaluation of each employee in his or her department on a form to be provided by the Township Administrator. The Township Administrator shall at least annually prepare a written evaluation of each department head. Such written evaluations shall be maintained in the personal history files of all Township employees.

Recommendations for promotions and transfers. Recommendations for promotions or transfers will be processed by the department head through the Township Administrator.

Transfers; seniority rights. Employees may request transfer to another position or department without prejudice or loss of any seniority rights. Such requests will be considered on their merits, and any action taken will be without establishing a precedent in any case.

Transfers; consideration of department heads. When an employee requests a transfer from one position or department to another, such proposed transfer and request shall be first referred to the department head or department heads involved with the proposed transfer and the recommendation of such department head or department heads shall be received and considered before the transfer of employee is effected.

Required certifications. In the case of an employee who is required by federal or state regulation or mandate to attend training courses or seminars to maintain an initial certification received by the employee, and such training class or seminar takes place after normal working hours, a department head may, with the approval of the Township Administrator, be entitled to compensatory time for attendance at such training class or seminar. Other Township employees required to attend such training classes or seminars, upon the approval of the Township Administrator, will be paid at regular pay rates for such attendance.

§ 33-9 Disciplinary actions.

Violation of policy or rules. When a department head believes that an employee is not conforming to the letter or spirit of the Township policies and rules, or to specific instruction given him, or is in violation of any of the rules or regulations thereof, the department head shall first privately discuss this matter with the employee concerned, in order to obtain the employee's side of the matter. The department head shall, if possible, then obtain assurance that there will not be a repetition of the incident, if it is not sufficient to warrant the employee's dismissal from Township employment. A note or memorandum of the incident and its disposition shall be placed upon the employee's personal history file by the department head.

Matters of minor importance. If the matter is not a serious one, and the department head is satisfied to thereby close the incident, the matter may then be dropped.

Review by Township Administrator. In the event that it appears desirable to do so, the matter may be referred to the Township Administrator for review and/or action as is warranted by the facts.

Forms of disciplinary action. Disciplinary actions against employees shall be in the following forms:

Informal private, verbal reproof by department head.

Written memorandum of censure from the department head.

Letter of admonition from Township Administrator.

Suspension from duty without pay.

Transfer or demotion of employee.

Separation from the service of the Township.

Regulations concerning disciplinary action. Subsection D(4) may be ordered by the immediate department head, if and when such summary action is considered as being necessary. Such action shall be reported by the person ordering it to the Township Administrator without delay. Subsection D(5) and (6) may be ordered only by the Township Administrator. Subsection D(4), (5) and (6), when a member of the Police Department is involved, shall be governed by the provisions of N.J.S.A. 40A:14-147 et seq., as well as by any other provisions or statutes now in effect or which may be hereafter adopted.

Investigation by Township Administrator. A fair and complete investigation of the case will be made promptly by the Township Administrator to accumulate all facts and to interview all interested persons. A written report of such investigation, the findings and action taken, supported by available data, will be forwarded to the employee.

Filing of papers required. All papers in connection with a disciplinary action will be placed in the employee's personal history file.

Appeal of disciplinary action. Any employee may appeal a disciplinary action taken by his immediate supervisor, by means of the procedure set forth for the handling of grievances, to the Township Administrator, who shall make the final determination regarding all disciplinary matters. Disciplinary actions taken by the Township Administrator may be appealed as provided by law.

Interim suspension. During the pendency of a disciplinary investigation, the Township Administrator may in his discretion, should he determine it to be in the best interests of the Township and the public to do so, temporarily suspend an employee, with or without pay, until the disciplinary investigation is completed.

Termination of employment for cause. In determining to order separation from service, pursuant to Subsection D(6), the Township Administrator shall consider the seriousness of the offense, the employee's work history, the best interests of the Township and the public and such other matters as the Administrator may in his discretion deem appropriate and relevant. The following actions by an employee are, by way of example, and not by way of limitation, matters which shall justify the termination from the service of the Township for cause:

Insubordination, including discourteous remarks to a superior or a subordinate.

The theft of Township owned equipment or public funds, or the theft of personal property or money belonging to another Township employee.

The unauthorized use of Township-owned equipment or property.

An employee's conviction on criminal charges involving alcohol, illegal drugs or an act of violence.

The revocation of an employee's drivers license.

The misuse or abuse of Township-owned equipment or property.

Verbal or physical abuse to the public or to another Township employee.

Reporting for duty in an impaired condition due to the use or abuse of alcohol or drugs.

(9)

Leaving a job site or duty station without the explicit authorization of the employee's supervisor or department head.

(10)

Failure by the employee to carry out his duties or work as assigned.

(11)

Failure to report to work on time and prepared for duty.

(12)

Failure to be properly attired upon reporting for work.

(13)

Failure to fully and accurately disclose all information requested on the employee's application for employment pertaining to an applicant's criminal history, driving record or health problems.

§ 33-10 Administrative procedures and records.

The following regulations relative to administrative procedures and records are hereby adopted:

Township Committee's right to modify policies. The Township Committee reserves the right to add, change, to interpret, or to eliminate personnel policies, practices and rules, whenever it appears to be in the best interest of the Township to do so, but only in exceptional instances and not as a general practice.

Amendments to personnel policies. All changes, additions or deletions will be made by means of amendments of this article, copies of which will be posted and published in accordance with law. The Township will endeavor to provide specific notice of all such changes to each employee; however, it is the responsibility of each employee to be aware of all ordinance amendments pertaining to personnel policies.

Maintenance of personal history files. All personal history files are confidential records and will be maintained in the Personnel Department. Department heads shall furnish all relevant information for personal history files, including accumulated leave and leave request forms to the Personnel Coordinator on a weekly basis.

Access to personal history files. Access to personal history files will be restricted to the Township Committee, acting as a body, Township Administrator and, when necessary, the Township Attorney. Any employee may examine, at reasonable times in the personnel office, his own personal history file. Nothing contained in the personal history file shall be removed therefrom by any individual.

§ 33-11 Retirement.

Additional benefits pertaining to Township employees are as follows:

All Township employees enrolled in the New Jersey State Employees Retirement Pension Plan are subject to the requirements and provisions of the plan.

The employee's contribution to the plan is deducted from the salary paid to such full-time employee, and remitted to the state as prescribed by law.

The Township contribution for such employees is determined by and subsequently remitted to the state in accordance with the provisions of the law.

Township employees having completed the required number of years of service, and having attained the specified age, may apply for retirement as provided for by the plan.

All information regarding the retirement plan may be obtained from the Personnel Department.

Any Township employee who desires to retire under either the public employee's retirement system or the police and firemen's retirement system shall provide at least 30 days advance written notice to the Township of the intention to apply for such retirement.

The Township Committee may, by resolution, on behalf of an employee, authorize the Township's purchase of credit in the Police and Firemen's Retirement System (PFRS) of prior service credit in the Public Employees' Retirement System (PERS), which was not previously eligible for cost-free transfer.

[Added 5-12-2004 by Ord. No. 8-2004]

The amount of credit to be purchased shall not exceed $15,000 per employee.

Any such purchase is contingent upon the prior PERS service credit having been accumulated while in the employ of the Township of Wall.

§ 33-12 Insurance and other benefits.

Disability insurance.

[Amended 3-26-2014 by Ord. No. 4-2014]

Each full-time permanent employee shall be enrolled in the disability insurance plan maintained and paid on a noncontributory basis by the Township. This benefit shall terminate upon the employee's separation from Township service. Any employee on sick leave and receiving his normal compensation, who in addition qualifies for disability payments, shall be entitled during the period he is receiving disability payments to only that portion of his regular salary which, with the disability payments, equals his regular weekly salary. Absence from work resulting from disability not incurred in the course of employment with the Township shall be charged against the employee's accumulated sick leave, but only in proportion to that portion of his regular salary not paid by disability insurance.

An employee who is absent for more than five days and who qualifies for temporary disability payments under the Township's disability insurance policy, and who seeks to utilize accumulated leave during the period of disability, shall endorse, to the Township, any temporary disability checks the employee has received during this period of absence. During this period of absence, the employee shall be charged a pro rata amount of sick leave that is equivalent to the amount of salary not reimbursed through the disability payment.

Medical insurance.

Each full-time permanent employee shall be enrolled in a family medical insurance plan as may be determined from time to time by the Township Committee, which shall be maintained and paid for on either a noncontributory or contributory basis, as may be determined by the Township Committee.

Except as hereinafter provided in Subsection B(3), (4), and (5), this benefit shall terminate upon the employee's separation from service. At that time, the employee may make his own arrangements with the insurance company for the continuation or conversion of the insurance at his own expense.

An employee that receives retirement disability from the public employment retirement system and who has at least 15 years of service with the Township shall be entitled to continue to be enrolled in the family medical insurance plan provided to Township employees pursuant to Subsection B(1) hereof, under the same terms and conditions as provided to active Township employees.

In the case of an employee who is separated from the Township's service by reason of death after having been employed by the Township for at least 20 years, the Township shall pay for the cost of medical insurance for the employee's spouse and eligible children for a period of 18 months from the date of separation. In the case of an employee who is separated from the Township's service by reason of death and who has been employed by the Township for less than 20 years, the Township shall pay for the cost of medical insurance coverage for the employee's spouse and eligible children for a period of three months from the date of separation.

The enrollment provided for under Subsection B(3) and (4) above shall cease at such time as the retired or disabled employee or the spouse of a deceased employee becomes eligible for enrollment under the Federal Medicare Program or becomes employed in a full-time capacity, or in the event that the spouse of a deceased employee remarries, whichever event shall first occur.

Medical insurance for retired employees.

Eligible employees. Upon retirement, each full-time permanent employee hired prior to January 1, 1991, who is not covered by a collective bargaining agreement with the Township and who has been covered under the public employee's retirement system or the police and firemen's retirement system of the State of New Jersey for at least 20 years and who has been employed by the Township for at least 20 years in a full-time, permanent capacity shall be entitled to continue to be enrolled in the family medical insurance plan provided to Township employees, and the Township shall pay a portion of the costs thereof.

"Maximum medical insurance benefit" defined. For the purposes of this subsection, the term "maximum medical insurance benefit" shall mean the per employee cost to the Township of insurance premiums for the applicable category (family or single) of medical insurance in effect on the date the employee attains the age of 55 years, regardless of the actual date of retirement of the eligible employee.

Amount to be paid by Township. For each eligible employee, the Township shall pay, upon retirement, a percentage of the maximum medical insurance benefit determined by the number of years of service with the Township of the eligible employee as of January 1, 1991, as follows:

	Years of Service as of 1-1-1991	Percentage of Maximum Medical insurance Benefit to be Paid After Retirement
	Over 15 years	100%
	Over 10 years	75%
	Over 5 years	50%
	Less than 5 years	25%

The enrollment in the medical insurance plan and the payment by the Township provided for under Subsection C(1), (2) and (3) above shall cease at such time as the retired or disabled employee or the spouse of a deceased employee becomes eligible for enrollment under the Federal Medicare Program or becomes employed in a full-time capacity, or in the event that the spouse of a deceased employee remarries, whichever event shall first occur.

Other insurance coverage. Each full-time permanent employee shall be enrolled in a family dental expense plan, a family prescription eyeglass expense plan, a family prescription drug expense plan and such other medical expense plans as may be determined by the Township Committee from time to time on either a noncontributory or contributory basis, as may be determined by the Township Committee.

For the purposes of § 33-12, the term "full-time permanent employee" shall exclude elected public officials. Therefore, no such official shall be eligible for benefits under this section. Insurance benefits for all full-time permanent employees shall terminate upon the employee's separation from service, including a separation from service which occurs due to the employee's absence for any reason for a period in excess of six months, pursuant to § 33-6D(12) hereof.

[Amended 9-27-2017 by Ord. No. 9-2017]

Other benefit programs. Township employees shall also be eligible to participate in optional additional benefits which may from time to time be made available to Township employees. Such optional benefit programs shall include by way of example, but not by way of limitation, a deferred compensation plan; membership in a credit union, and participation in a contributory life insurance plan. Such additional benefits shall be optional and the cost thereof shall be borne by such employees as may decide to participate in any such program.

Travel expense and other employee policies. The Township Administrator is hereby authorized to establish written employee policies pertaining to such matters as procedures for the reimbursement of travel expenses by Township employees on Township business and such other personnel or administrative matters as the Township Administrator determines to be necessary for the proper functioning of Township departments. Such policies shall be established by the Township Administrator, forwarded to all department heads, and distributed to or posted for the information of all Township employees.

Employee option; health insurance. Commencing January 1, 1991, the Township Administrator is hereby authorized to institute a policy whereby a Township employee who is covered by other medical insurance coverage may at the employee's option determine not to participate in any or all health insurance coverage offered by the Township to its employees. Such a program may provide for the payment of additional compensation to the employee in consideration for the cost savings to the Township resulting from the employee's decision not to participate in such insurance programs. Such additional compensation shall not exceed the amount established from time to time by resolution of the Township Committee, and this benefit program shall be subject to reasonable terms and conditions which shall be established in the discretion of the Township Administrator.

[Amended 12-28-2016 by Ord. No. 17-2016]

Insurance information. Additional information pertaining to Township insurance plans may be obtained from the Personnel Department.

Medical insurance for employees retired after January 1, 2007. Notwithstanding the provisions of Subsection C herein, the following benefits shall apply to employees who retire after January 1, 2007. For those employees retiring before that date, the provisions of Subsection C shall apply.

[Added 12-20-2007 by Ord. No. 29-2007; amended 2-13-2008 by Ord. No. 2-2008; 12-28-2016 by Ord. No. 17-2016]

Effective January 1, 2007, the Township will provide, at its expense, medical insurance benefits to qualified retirees as hereinafter provided.

To be qualified, an employee must be 55 years of age or older, with a minimum of 25 years of service in the public employees retirement system, or 62 years of age or older with 15 years of service with the PERS.

Medical insurance benefits provided shall be at least equal to those provided to active employees and shall include the spouse and dependent children under 23 years of age, except as set forth herein.

The aforesaid insurance benefits will include surgical, major medical and hospitalization insurance coverage, but shall not include other forms of insurance, including but not limited to dental or vision. Any such ancillary or auxiliary coverages such as dental, vision, or other coverages may be purchased by retirees at rates as provided by the Township to the extent allowed by law and the Township's insurance carriers.

The aforesaid benefits shall terminate upon a retiree reaching the age of eligibility for Medicare or Medicaid, whichever first occurs.

Spouses and dependents will be covered only while the qualified employee is covered and only to the extent that they would be covered if the qualified employee was still an active employee. Once the qualified employee is no longer eligible, continued spouse and dependent coverage can only be provided by purchase of COBRA benefits.

If the qualified employee, spouse or dependent receives major medical insurance benefits from another source, that person shall no longer be eligible for participation in this program.