[HISTORY: Adopted by the Borough Council
of the Borough of Caldwell 12-11-1990 by Ord. No. 896-90. Amendments noted where
applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 20.
A.
The personnel policies and practices set forth in
this chapter are intended to protect the rights of the citizens of
the Borough of Caldwell (the "borough") and the employees of the borough.
This chapter is intended to make the information available herein
to all employees of the borough and all others interested in its subject
matter. The provisions of this chapter apply to all employees, except
to the extent modified by contract or statute. In addition to this
chapter, there is an Employees Handbook which is further designed
to assist municipal officials' and employees' understanding of the
employment policies of the borough.
[Amended 7-8-1997 by Ord. No. 1044-97]
B.
Municipal government exists to provide necessary services
for the residents of the borough. It is imperative that everyone connected
with the government of the borough continually and conscientiously
render loyal, honest, efficient and courteous service in order that
the borough may discharge its responsibilities to its taxpayers.
A.
Employment in the government of the borough shall
be based on merit and fitness for the job classification. In accordance
with all state and federal statutes and regulations, it is the declared
policy of the borough that no discrimination in any aspect of employment
shall be made due to race, creed, national origin, political opinions
or affiliations, age, marital status or physical disability of any
individual. Every effort shall be made to stimulate high morale by
fair administration of this chapter and by consideration of the rights
and interests of employees consistent with the best interests of the
public and the borough.
B.
This chapter covers all employees of the borough who
are not members of any collective bargaining unit recognized by the
borough.
A.
The Mayor and Council must approve by resolution the
creation of any new position of employment and authorize the filling
of it prior to the initiation of any action to do so. The resolution
shall include the job title, job description and salary range established
for the position. Before any position may be filled, the annual budget
of the borough must include adequate funds to compensate the employee
and as certified by the Chief Financial Officer.
B.
The Mayor and Council must approve, by resolution,
the filling of any vacancy in any previously established position
before the initiation of any action to do so. The resolution shall
include the job title, job description and salary range established
for the position. Before any position may be filled, the annual budget
of the borough must include adequate funds to compensate the employee.
C.
Notice of vacancies in positions of employment shall
be posted in the Borough Municipal Building and advertised in the
official newspapers of the borough. Other newspapers and periodicals
and professional associations or agencies may be utilized, as required,
to attract qualified applicants.
D.
An application for employment, which may be obtained
from the Office of the Borough Administrator (the "Administrator"),
shall be completed by each person applying for a position, either
full-time or part-time, with the borough and submitted to the Administrator.
Applications shall include employment history, educational background,
qualifications and references. Willful misrepresentations or falsifications
on the application will be considered as sufficient cause for immediate
separation from service with the borough. Completion of the application
is not required of any present employee desiring to transfer to another
position within the borough.
E.
All applications received by the Administrator shall
be reviewed by the Administrator. Those applicants who appear to be
most qualified shall be interviewed by the Administrator. During the
interview, the applicant shall be apprised of the Borough’s
personnel policies, terms and conditions of employment, duties of
the position, benefits and other appropriate information.
F.
The Administrator may require any applicant to submit
to an examination by a medical doctor designated by the borough in
order to ensure that the applicant can fulfill the requirements of
the position.
G.
The Administrator shall conduct a review of previous
employment and driving record, if required for the position, and a
background investigation of the applicant as deemed necessary.
H.
The Mayor and Council shall act to fill a vacant position
after having received and considered the recommendation of the Administrator.
I.
A new employee shall serve a probationary period for
90 working days. An employee who does not successfully complete the
probationary period shall be released from employment. Upon advice
of the Administrator, the probationary period may be extended for
an additional 30 working days.
[Amended 8-31-1999 by Ord. No. 1081-99]
A.
The general hours of business for municipal offices
shall be from 8:30 a.m. through 4:30 p.m., Monday through Friday.
The Department of Public Works hours of operation are 7:00 a.m. through
3:30 p.m. with 1/2 hour for unpaid lunch. All offices shall be open
to the public and staffed during these hours and including the lunch
hour. In the case of an office staffed by one employee, however, that
office may be closed during the lunch hour, provided that arrangements
are made to minimize any inconvenience to the public.
B.
Full-time employees are employees who shall work 7
hours per day, equaling a workweek of 35 hours. All employees shall
be entitled to a one-hour lunch break each day. The lunch hour is
not included in the six-and-one-half-hour workday.
C.
Any employee hired after the effective date of this Subsection C who shall be hired to work regularly fewer than 35 hours per week shall be considered a part-time employee. The Administrator, or appropriate department head, shall, upon the hiring of a part-time employee, determine the number of hours weekly to be worked by the part-time employee and shall establish the schedule to be worked by the part-time employee each week.
[Amended 6-22-2010 by Ord. No. 1213-10]
The borough shall pay its employees biweekly.
The hourly rate of each employee shall be computed by dividing the
annual salary of the employee by the number of hours in the employee's
prescribed work year. If a payday falls on a holiday, then paychecks
shall be issued on the immediately preceding workday.
A.
Overtime shall be kept to a minimum and must be authorized,
in writing, by the Administrator prior to the period of overtime,
unless there exists a danger to the public that necessitates such
overtime, such as snow emergencies, sewer backups and similar exigent
circumstances, or no payment will be made for such time.
B.
Overtime pay shall be paid at the equivalent hourly
rate or shall be paid with equivalent time off at the discretion of
the Administrator.
C.
Employees who are required to attend meetings in the
performance of their duties, when the municipal offices are normally
closed, shall not be paid overtime for their attendance at such meetings.
Present employees receiving compensation before the date of enactment
of this chapter are exempted. The Administrator shall not be paid
overtime for any reason.
D.
Overtime shall be paid or taken in the same year as
it is earned.
A.
Full-time employees of the borough who were hired
prior to January 1, 1992, shall receive longevity pay for years of
continuous service within the borough as follows:
[Amended 5-28-1996 by Ord. No. 1009-96]
B.
The amount of longevity pay shall be computed by multiplying
the employee's base salary by the percentage set forth in this section.
A.
The following days shall be considered as holidays,
with borough offices closed and normal operations suspended: New Year's
Day, Martin Luther King Day, President's Day, Good Friday, Memorial
Day, Independence Day, Labor Day, Columbus Day, Election Day, Veterans
Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Day and
the employee's birthday.
[Amended 7-8-1997 by Ord. No. 1044-97; 8-31-1999 by Ord. No.
1081-99]
B.
Whenever New Year's Day, Independence Day or Christmas
Day falls on a Saturday, the immediately preceding Friday shall be
considered a holiday. Whenever any of these holidays falls on a Sunday,
the immediately following Monday shall be considered a holiday.
C.
The Mayor and Council may approve, by resolution,
the exchange of a normal working day for a holiday. Such exchange
shall apply to all employees governed by this chapter.
A.
Vacations are intended for rest and relaxation and
should be used in the calendar year that they are earned. All vacation
days earned by an employee must be taken during the year in which
they are earned and may not be carried over from year to year, except
that when the demands of an employees' position do not permit the
employee to use all earned vacation days, the unused vacation days
may be carried over to the next calendar year, provided that the employee
receives the written approval of the Administrator. Vacation days
carried over to the succeeding calendar year must be used during the
next calendar year or be forfeited. No compensation shall be paid
for vacation days not used during the next calendar year.
B.
No compensation shall be paid for vacation days accrued
and unused, except that upon termination of employment, an employee
shall receive payment for all accrued vacation days earned and unused
during the calendar year of the employee's separation of service from
the borough.
C.
An employee whose employment is terminated prior to
the expiration of the probationary period shall not be entitled to
the accrual of vacation days or payment in lieu thereof.
D.
An employee shall submit a request for vacation, in
writing, to the Administrator no later than May 15. The request shall
include a proposed vacation schedule and an alternative schedule.
In determining whether the request should be granted, the Administrator
shall consider, among other things, department seniority. This is
to ensure that borough activities will be carried on with a minimum
of interruption and inconvenience.
E.
A request for a vacation proposed to be taken before
April 1 should be submitted to the Administrator at least two weeks
in advance of the proposed vacation.
F.
All employees governed by this chapter are eligible
for paid vacations, except that part-time employees who work fewer
than 20 hours per week shall not be eligible to earn vacation days.
Part-time employees who work 20 hours or more per week are eligible
for vacation days on a pro rata basis.
G.
A new employee is entitled to accrue one vacation
day per month during the first year of employment. The annual vacation
entitlement for full-time employees is as follows:
(1)
For one to five years of service with the borough:
12 days.
(2)
For six to 10 years of service with the borough: 15
days.
(3)
For 11 to 15 years of service with the borough: 17
days.
(4)
For 16 to 20 years of service with the borough: 20
days.
(5)
For more than 20 years of service with the borough:
22 days.
A.
Sick leave shall mean paid leave that is granted to
an employee who through sickness or injury becomes incapacitated to
a degree that makes it impossible for the employee to perform his/her
duties.
B.
All employees governed by this chapter are eligible
for paid sick leave up to 12 days per year, accumulated at a rate
of one day per month of employment with the borough, except that part-time
employees who work fewer than 20 hours per week shall not be eligible
for paid sick leave on a pro rata basis. A new full-time employee
is entitled to accumulate one day of sick time for every month of
employment during the first year of employment.
[Amended 6-23-1992 by Ord. No. 930-92; 7-8-1997 by Ord. No.
1044-97]
C.
If an employee is absent for reasons that entitle
the employee to sick leave, then the employee shall notify his/her
immediate supervisor and/or the Administrator of the absence within
1/2 hour after the start of the working day. An employee's failure
to report the illness as required in this section may be cause for
denial of sick leave for that absence and may constitute cause for
a disciplinary hearing.
D.
An employee who is absent on sick leave for three
or more consecutive working days may be required to substantiate the
illness with a letter from his/her physician.
E.
An employee who has been absent due to personal illness
may be required to be examined by a physician designated by the borough
as a condition of the employee's return to duty. The purpose of such
examination is to ascertain whether an employee is capable of performing
the normal duties of the position and to ensure that the employee's
return will not jeopardize his/her health or that of other employees.
F.
Sick leave with pay will not be allowed under the
following conditions:
G.
One-half day of a work day shall be the smallest unit
to be considered computing sick leave used.
H.
An employee shall not receive credit or payment of
any kind from the borough for sick leave earned for services rendered
to a governmental entity other than the borough.
I.
Employees who were hired before July 26, 1988, may
accumulate sick days (which are then deemed vacation days) to a total
not to exceed 225 days. Upon the employee's retirement, he/she will
be paid his prevailing wage for a period of time equal to his accumulated
sick days (referred to as vacation days).
K.
Employees hired before July 26, 1988, but who have
been promoted or transferred are also covered under the section on
terminal leave.
A.
Funeral leave. In the event of a death of a close
relative of an employee, the Administrator may grant to the employee
up to three days of leave with pay. Such leave shall be in addition
to vacation leave and sick leave. Close relative designation is limited
to: the employee's father, mother, spouse, child, foster child, sister,
brother, father-in-law and mother-in-law.
B.
Jury duty. If an employee is required to serve jury
duty, then the employee shall be paid the regular rate of pay upon
presentation of proper evidence of jury service and shall not be required
to remit the jury pay to the borough.
C.
Parental leave. Parental leave shall be granted for
a maximum of six calendar months and shall be leave without pay, except
that an employee may use any or all accumulated sick leave for purposes
of parental leave. The Mayor and Council may approve a further extension
of parental leave for an additional three months without pay. Requests
for parental leave shall be made in writing, with at least 30 days'
notice, in advance of the anticipated beginning of leave. Upon the
completion of parental leave, the employee shall have the right to
resume the job held when the employee began parental leave, at a salary
and with benefits equal to or greater than when parental leave began.
Sick leave and vacation leave shall not accrue during the period of
parental leave.
D.
Leave without pay. For exceptional and unusual circumstances,
the Mayor and Council may authorize leave without pay for a period
not to exceed six months to any employee. The employee seeking such
leave shall submit a written request for leave without pay to the
Administrator far enough in advance, where possible, to allow the
Administrator to ensure coverage of the employee's position. Such
a request should include a written statement from the Administrator
setting forth the effect of the proposed leave on municipal services.
Leave without pay shall be granted only when the employee has used
all available sick and vacation leave. Vacation and sick leave shall
not continue to accrue during leave without pay.
E.
Military leave.
(1)
Any full-time employee who is a member of the National
Guard or Reserve component of the Armed Forces of the United States
and is required to engage in field training shall be granted a military
leave of absence for the period of such training as authorized by
law. The employee on military leave shall be paid the difference between
his/her regular salary and the service pay. If an employee is called
to temporary active duty in the National Guard Reserve, the maximum
period of military leave shall be 30 days. Military leave shall be
in addition to vacation, holidays, sick leave or other forms of leave.
Part-time salaried employees shall be eligible for military leave
and shall receive pay for such leave on a pro rata basis.
(2)
If a full-time employee is called to active duty into
the Armed Forces, an indefinite military leave of absence without
pay shall be granted for the duration of the military service, provided
that the employee does not voluntarily extend such service. An employee,
after his/her tour of duty, will be reinstated in the same or a similar
position upon receipt of an honorable discharge from military service.
In all cases involving military leave, the employee should provide
the Administrator a certificate verifying the call to military duty
prior to the beginning of military leave.
F.
Personal leave. An employee may take his/her birthday
as a personal day. Employees who elect not to take their birthday
may select one personal day at their own discretion. This personal
day may not be taken before or after a holiday or vacation day. This
day may not be carried over to the next year.
G.
On-the-job injury. The Borough of Caldwell carries
workers’ compensation insurance to protect all employees in
case of accident and injury while at work. If an employee is injured
while at work, the employee must report the accident immediately to
his/her supervisor. An injured employee may be required, at the sole
discretion of the employee’s supervisor, to be examined medically
and/or treated. The provisions of N.J.S.A. 34:15-1 et seq., the New
Jersey Workers Compensation Act, shall govern the rights of the injured
employee and the obligation of the Borough with regard to that employee.
[Amended 4-27-2010 by Ord. No. 1206-10]
H.
Terminal leave.
(1)
This subsection relates to those employees who were
hired after July 26, 1988, or who received a promotion or requested
a transfer after the above date.
(2)
Upon termination or retirement, the employee shall
be entitled to a terminal leave allowance of one day's salary for
each five days of accumulated sick leave, not to exceed a total of
36 days' salary.
(3)
Upon termination or retirement of any employee who
has received or requested a promotion or transfer, that employee may
retain the sick day accumulation prior to his/her promotion or transfer.
Any additional time accumulated would be subject to the terminal leave
clause, and such time, including all prior accumulation, may not exceed
180 days.
A.
Gratuities, donations, etc. No employee shall solicit
or accept any gift, gratuity, loan, fee, trip or any other thing of
value which might tend to influence or might be perceived to influence
(directly or indirectly) the actions of the employee or any other
employee in the matter of borough business. No department head or
those employees who are employed on an administrative level may solicit
or receive any gratuity from their subordinates.
B.
Outside employment. No employee shall accept outside
employment unless the employee first makes application to the Borough
Administrator and the Borough Administrator determines that such outside
employment will not interfere with the employee's performance or compromise
the employee's position with the borough through a conflict of interest.
C.
Nepotism. Persons related to each other will not be
employed within the same department. This policy is not for the purpose
of depriving any citizen of equal employment opportunities within
the borough, but is intended to prevent the potential for preferential
treatment of the relatives of municipal personnel.
D.
Political activity.
(1)
It shall be the policy of the borough to appoint,
promote, demote and remove all nonpolicymaking employees without regard
to political considerations. Employees of the borough shall serve
all borough residents equally, and the political opinions or affiliations
of any resident shall in no way affect the level of service received
from the borough.
(2)
Employees shall not engage in political activities
during work hours nor shall employees, at any other time, participate
in political activities so as to impair their performance in the position
in which they are employed. Employees shall not directly or indirectly
use their authority to influence, control or modify the political
actions of another person.
E.
Official personnel history files. Official personnel
history files are confidential records and shall be maintained in
the office of the Administrator, Clerk and Chief Financial Officer.
These files shall be available for inspection only by the Administrator,
Mayor and Council, the employee's Department Head and the employee
whose file is sought to be inspected. Inspection must occur in the
presence of the Clerk or representative. Records cannot leave the
building. Copies will be supplied at appropriate cost posted and at
staff availability to process the same.
A.
The Mayor and Council may approve, by resolution,
a request by a full-time employee to attend a program of continuing
education. Continuing education programs shall include conferences,
seminars, nonaccredited courses and certification programs. The purpose
of such continuing education is to improve the quality of service
provided to taxpayers.
B.
The borough may reimburse an employee for the employee's
registration and tuition for a continuing education program if all
of the following criteria are satisfied:
(1)
The employee is in good standing for at least six
months immediately prior to the commencement of the continuing education
program.
(2)
The continuing education program is directly related
to the employee's current position.
(3)
Funds have been budgeted and are available for the
continuing education program.
(4)
Attendance at the continuing education program does
not adversely affect the functioning of the employee's department
during the employee's attendance at the continuing education program.
(5)
The employee completes the continuing education program
with a grade of "C" or better or with a satisfactory completion if
the course is ungraded.
(6)
The employee receives written approval to attend the
continuing education program from the Administrator prior to the commencement
of the continuing education program.
A.
Causes for dismissal include, but are not limited
to the following:
(1)
Neglect of duty.
(2)
Absence without leave or failure to report after authorized
leave has expired or after such leave has been disapproved or revoked.
(3)
Incompetency or inefficiency or incapacity due to
mental or physical disability.
(4)
Insubordination or serious breach of discipline.
(5)
Intoxication while on duty.
(6)
Commission of a criminal act or offense.
(7)
Participating in any prohibited political activity.
(8)
Disobedience of borough or departmental rules and
regulations.
(9)
Unauthorized use or acquisition of borough equipment
or property.
(10)
Conduct unbecoming a public employee.
B.
Suspensions.
(1)
The Borough Administrator may, when in his opinion
the circumstances surrounding disciplinary charges pending against
a permanent employee are sufficiently serious, temporarily suspend
such employee until final decision is reached. In the event that the
disciplined employee elects to appeal to the Borough Council, the
temporary suspension by the Borough Administrator shall continue until
the final opinion of the Borough Council is rendered.
(2)
When, in the judgment of the Borough Administrator,
any employee's work performance or conduct justifies disciplinary
action short of dismissal, the employee may be suspended in lieu of
dismissal, without pay, for a period not exceeding 20 working days.
C.
Demotion. The Borough Administrator may, as an alternative
to dismissal, demote an employee.
D.
Written warnings. The Borough Administrator may issue
warnings as a lesser sanction, and these warnings are to be maintained
in the employee's personnel file.
A.
Functions.
(1)
It shall be the duty of the Borough Council to hear
grievances and render final written opinions on employee disciplinary
matters, hereinafter described.
(2)
The Borough Clerk, in the course of his duties, shall
provide the Borough Council with clerical help in the keeping of minutes,
in the writing of opinions and in other necessary clerical work.
B.
Matters that may be brought before Borough Council;
procedure.
(1)
Any employee who is subject to any of the following
disciplinary measures shall be entitled, at his option, to present
his side of the case to the Borough Council:
(2)
An employee may, in writing, request the Borough Council
for leave to present any other grievance matter, provided that his
written request is submitted to the Borough Council within 10 days
of the disciplinary action. If the Borough Council decides that, on
the basis of the written request, the grievance is important enough
to justify further Borough Council investigation, it may grant the
request and permit the employee to present to it such grievance matter.
The decision of the Borough Council on such a request shall be given,
in writing, to the employee within two weeks from receipt of such
written request.
(3)
The Mayor shall preside over the Borough Council investigation
and hearing, but shall only vote to break a tie.
C.
Review procedure.
(1)
Whenever the Borough Administrator, on the basis of
careful investigation and an interview with the employee concerned,
contemplates any disciplinary action of the type allowing for a hearing,
he shall furnish the employee and the Borough Council with his reasons,
in writing, together with a statement of his intended action.
(2)
The employee concerned may then furnish the Borough
Council and the Borough Administrator with a written statement setting
forth reasons for objecting to the proposed disciplinary action within
seven days of receipt of the Borough Administrator's reasons.
(3)
The Borough Council shall then schedule a meeting of its members for the purpose of reviewing the matter and rendering its final opinion. Such opinion shall be submitted to the Borough Administrator within 15 days of the receipt of the employee's statement referred to in Subsection C(2).
(4)
The proceedings of the Borough Council meetings shall
be informal. The Council may render a final opinion based upon the
written statements of the principals or may, in its discretion, call
in the employee and the Borough Administrator and any other person
having knowledge of the matter under discussion or may call for any
records relating thereto.
(5)
Meetings of the Borough Council shall be private.
The Council's final opinion shall be binding on all parties.
D.
Scope and applicability. Nothing in this section shall
be construed to apply to the procedure for the suspension, removal,
fine, reduction or demotion in rank of any qualified officer or employee
of the municipality who by reason of an applicable statute of this
state has acquired tenure and is entitled to a public hearing. In
such case the procedure for preferring charges against such officer
or employee, the notice thereof and the public hearing or trial thereon
before the Borough Administrator shall be in accordance with the provisions
of the applicable statutes. See N.J.S.A. 40A:9-161.
A.
Types of separation. Employees may be temporarily
suspended from the borough employ by layoff or suspension or permanently
separated by resignation or dismissal, as set forth in this chapter.
B.
Layoff procedure. Whenever there is a lack of work
or a lack of funds requiring a reduction in the number of employees
in a department of the borough government, the required reductions
shall be made in such job classification or classifications as the
Borough Administrator may designate in consultation with the Department
Head. Within each affected job class, all temporary employees shall
be laid off before probationary employees, and all probationary employees
shall be laid off before permanent employees. Employees so affected
shall be given a minimum of two weeks' notice or two weeks' pay in
lieu thereof.
[Amended 7-26-1994 by Ord. No. 974-94; 2-14-1995 by Ord. No.
980-95]
C.
Resignation procedure. An employee may resign from
his position by tendering a written resignation to his Department
Head, who in turn shall forward it to the Borough Administrator. Unless
there are disciplinary charges pending against the employee, the Borough
Administrator shall notify the employee, in writing, of acceptance
of his resignation in good standing. An employee shall give a minimum
of two weeks' notice before the effective date of his resignation.
