Town Ordinances

ORDINANCE NO. 7 - 2011

ORDINANCE NO. 7-2011  

AN ORDINANCE TO PROVIDE FOR THE PARTIAL AMENDMENT, SUPPLEMENTATION AND REVISION OF CHAPTER 17, ENTITLED PERSONNEL PRACTICES, OF THE “REVISED ORDINANCES OF THE BOROUGH OF MORRIS PLAINS, NEW JERSEY, 1972” INCLUDING CERTAIN PROVISIONS RELATING TO ARTICLE 1, ANNUAL VACATIONS, ARTICLE 2, HOLIDAYS, ARTICLE 3, LEAVES OF ABSENCE, ARTICLE 4, HOURS OF WORK, ARTICLE 8, LONGEVITY, ARTICLE 9, PERSONAL DAYS, ARTICLE 11, DISCIPLINARY POLICY.  

WHEREAS, the Borough Council has undertaken a review and revision of the Borough’s Personnel Policies and Procedures Manual, which revision is scheduled for adoption simultaneously with the public hearing and adoption of this Ordinance; and  

WHEREAS, certain provisions set forth in Chapter 17 require amendment, supplementation and revision to ensure consistency  with the proposed revision of the Personnel Policies and Procedures Manual; and

WHEREAS, the Borough Council is also desirous of making certain housekeeping and typographical corrections.    

NOW, THEREFORE, BE IT ORDAINED, by the Borough Council of the Borough of Morris Plains, they being the Governing Body thereof, as follows: 

Section 1: Section 17-1, entitled “Policy” in Article 1, Annual Vacations of Chapter 17, Personnel Practices, of the Revised Ordinances is hereby amended and supplemented with a new paragraph (c), which shall read in its entirety, as follows:(c)  Regular part-time employees working twenty five (25) hours or more per week are entitled to one week paid vacation after completion of one (1) year of service.  The amount of annual vacation shall be equivalent to the number of hours that employee works in a regular work week.  Regular part-time employees who are entitled to annual paid vacation are not entitled to increased vacation based on years of service.  Regular part-time employees who work less than twenty-five (25) hours per week shall not be entitled to paid vacation. 

Section 2:Section 17-2 entitled “Qualifying for vacation” in Chapter 17, Personnel Practices, of the Revision is hereby amended, supplemented and revised by repealing the existing paragraph (e), which reads as follows:(e)   When an employee’s anniversary date falls within the current year, the additional vacation may be taken any time during the year.  It need not be deferred until after the actual anniversary date. 

Section 3:Section 17-2 entitled “Qualifying for vacation” in Chapter 17, Personnel Practices, of the Revision is hereby further amended, supplemented and revised by and inserting the following new paragraphs (e), (f), and (g), which shall read, in their entirety, as follows: (e)   When an employee’s anniversary date falls within the current year, the additional vacation may not be taken until after the actual anniversary date. (f)   Any full-time employee of the Borough as of December 31, 2010, whose hours of work are reduced effective January 1, 2011 to 28 hours or more per week shall remain eligible for vacation as a regular full-time employee and their years of completed service after January 1, 2011 shall be included for the purpose of qualifying for vacation as a regular full-time employee. (g)   Any employee who is on disciplinary suspension for fifteen (15) days or more will have their vacation frozen during the period of suspension and for fifteen days after returning to work.

Section 4:Section 17-3 entitled “General vacation rules” in Chapter 17, Personnel Practices, of the Revision is hereby amended and revised by inserting the term “full-time” before the word “employee” in both sentences of in paragraph (e) so that hereafter, paragraph (e) shall read in its entirety as follows:(e)   Any full-time employee whose vacation period includes a holiday falling on a regular work day will be entitled to a vacation day in lieu of the holiday (as with Christmas or Independence Day).  If the vacation period includes an emergency closing, the full-time employee will not be entitled to a vacation day in lieu of the emergency closing.   

Section 5: Section 17-3 entitled “General vacation rules” in Chapter 17, Personnel Practices, of the Revision is hereby further amended and revised by replacing the word “may” with “shall” in the first sentence of paragraph (f) so that hereafter, paragraph (f) shall read in its entirety as follows:(f)   Employees shall request vacation salary one month in advance for the period they will be away.  Approved schedules of regular vacation shall constitute approval of payment of vacation salary in advance, which will be payable no sooner than the regular payday preceding the vacation period. 

Section 6: Paragraph (d) in Section 17-4 entitled “Deferred vacations” in Chapter 17, Personnel Practices, of the Revision is hereby repealed and replaced with the following new paragraph (d), which shall read, in its entirety, as follows:(d)   In case of resignation or termination, payment in lieu may be made for deferred vacation. 

Section 7: Section 17-6 entitled “Vacation and resignation” in Chapter 17, Personnel Practices, of the Revision is hereby amended and revised by replacing the phrase “should never” with the phrase “will not.”

Section 8: Paragraph (a) in Section 17-7 entitled “Payment in lieu of regular vacation” in Chapter 17, Personnel Practices, of the Revision is hereby amended and revised by replacing the first word of the sentence, which reads “Any” with the word “No” so that hereafter, paragraph (a) shall read, in its entirety, as follows: (a)   No full-time, regular employees who resign or are terminated with six or more successive months’ service will receive payment in lieu of unused vacation days. 

Section 9: Section 17-14 entitled “Holiday pay” in Chapter 17 of the Revision is hereby amended, supplemented and revised by deleting, in its entirety, paragraph (e), which relates to police dispatchers.

Section 10: Section 17-14 entitled “Holiday pay” in Chapter 17 of the Revision is hereby further amended, supplemented and revised with the addition of a new paragraph (e), which shall read, in its entirety, as follows:(e)   Any employee who is on disciplinary suspension for fifteen (15) days or more will have their holiday pay frozen during the period of suspension and for fifteen (15) days after returning to work.    

Section 11: Paragraph (c) entitled “Policy” in Section 17-15, “Sick leave” in Chapter 17, Personnel Practices, of the Revision is hereby amended, supplemented and revised with the following changes:1.    In subparagraph (4)(i), the term “in good standing” shall be inserted after the phrase “Upon retirement”.2.    The addition of a new subparagraph (6), which shall read in its entirety as follows:6.   Any employee who is on disciplinary suspension for fifteen (15) days or more will have their sick days frozen during the period of suspension and for fifteen (15) days after returning to work.

Section 12: Section 17-15 entitled “Sick leave” in Chapter 17, Personnel Practices, of the Revision is hereby further amended, supplemented and revised with the insertion of a new paragraph (g), which shall read in its entirety as follows:(g)   Any employee suspected of abusing the sick leave privilege in the taking of sick leave time on an excessive or regular basis may be required to undergo a complete physical and/or psychological examination to determine if a legitimate medical problem exists.  Any employee that has improperly utilized sick leave time without a legitimate medical problem may be subject to the full range of disciplinary action, up to and including dismissal.

Section 13: Paragraph (a)(1) in Section 17-17 entitled “Bereavement” in Chapter 17, Personnel Practices, of the Revision is hereby amended, supplemented and revised by including the term “domestic partner” in the list of persons included in the definition of “member of his/her family.” 

Section 14: Section 17-17 entitled “Bereavement” in Chapter 17, Personnel Practices, of the Revision is hereby amended, supplemented and revised by deleting the following paragraph (a)(2) in its entirety:(a)   Policy. (2)  A one-day bereavement leave, with pay, is granted to an employee to attend the funeral of an uncle, aunt, nephew, niece or cousin of the first degree of the employee or spouse of the employee.   

Section 15: Paragraph (b) of Section 17-18 entitled “Termination leave” in Chapter 17, Personnel Practices, of the Revision is hereby amended, supplemented and revised with the addition of the phrase “in good standing” after the word “retiring” in the second sentence, so that hereafter, paragraph (b) shall read, in its entirety, as follows:(b)   Employees not covered by contractual agreement.  The same shall be in accordance with the ordinance which shall apply only to regular full-time employees of the Borough retiring in good standing on a service pension after 25 years of continuous service with the Borough.

Section 16: Section 17-23 entitled “Hours of work” in Chapter 17, Personnel Practices, of the Revision is hereby amended, supplemented and revised with the following changes:1.    In the second sentence of paragraph (a), the word “unpaid” shall be added before the term “lunch period” so that hereafter the phrase shall read “one-hour unpaid lunch period”.2.    In the first sentence of paragraph (b), the term “Road Department, Sewer Department and Recreation Maintenance” shall be deleted and replaced by the term “Department of Public Works” so that hereafter the phrase reads “Department of Public Works personnel”.3.    Paragraph (c) relating to the workweek for police dispatcher shall be deleted in its entirety.4.    Paragraph (f) shall be supplemented with the following new second sentence at the end of the paragraph:Lunch periods and breaks cannot disrupt Borough business and cannot be taken at the end of the workday or accumulated for future use. 5.    Paragraph (h) shall be supplemented with the following new second sentence:“The department head shall be responsible for overseeing the staggering of employee lunch times so that offices are covered by staff at all times. 6.    Paragraph (i) relating to part-time employees is deleted in its entirety and replaced with the following new paragraph (i), which shall read as follows:(i) During hours of work, employees shall also use personal cell phones with discretion.  Excessive cell phone use that interrupts the flow of work will result in disciplinary action by the Borough. 7.    A new paragraph (j) shall be added, which shall read as follows:  (j) Borough employees who are volunteer members of the Morris Plains Fire Department will be granted time off to respond to fire alarms during their hours of work.  When such employees are called to respond to alarms within the Borough of Morris Plains during their hours of work, they shall be excused.  (N.J.S.A. 40A:9-160.1).    

Section 17: Section 17-25 now entitled “Overtime for Road Department” in Chapter 17 of the Revision is hereby amended, supplemented and revised by replacing the term “Road Department” with the term “Department of Public Works” so that hereafter, the title of this section shall read “Overtime for Department of Public Works”.

Section 18:Paragraph (b) entitled “Compensatory time off” in Section 17-26, “Overtime for salaried employees” in Chapter 17 of the Revision is hereby amended, supplemented and revised by replacing the phrase “Superintendent and/or Foreman” with the phrase “Superintendent, and/or Assistant Superintendent or Foreman” in both the first and second sentences.

Section 19:Section 17-32 entitled “Longevity pay” in Article 8, “Longevity” of Chapter 17 of the Revision is hereby amended, supplemented and revised by replacing the term “biweekly” in the second sentence with the term “twice monthly”.

Section 20:Section 17-33 entitled “Limit on entitlement” in Article 8, “Longevity” of Chapter 17 of the Revision is hereby amended, supplemented and revised by replacing the typographical error “a&r” in the second sentence with the term “after” so that hereafter, the second sentence shall read “All public works employees hired after January 1, 1990, shall not be entitled to longevity pay.”

Section 21:Section 17-34 entitled “Entitlement” in Article 9, “Personal Days” of Chapter 17 of the Revision is hereby amended, supplemented and revised with the following changes:1.    Paragraph (b) is revised with the addition of the phrase “nor may they be taken in lieu of vacation days” after the word “next” so that paragraph (b) shall read:(b) An unused personal day may not be accumulated from one calendar year to the next, nor may they be taken in lieu of vacation days, nor may they be added to vacation periods without approval by the employee’s Department Head and the Borough Council. 2.    The addition of a new paragraph (d), which shall read as follows:(d) Any employee who is on disciplinary suspension for fifteen (15) days or more will have their personal days frozen during the period of suspension and for fifteen (15) days after returning to work.

Section 22:Section 17-39 entitled “Causes for disciplinary action” in Chapter 17, Personnel Practices, of the Revision is hereby amended, supplemented and revised with the following changes to subsection (a):1.    In paragraph (a)(12), the term “Diligent” is deleted and replaced with the term “Negligent”.2.    A new paragraph (a)(15) shall be inserted, which shall read:  “(15)  Use of Borough property for personal use, including but not limited to the use of computers for instant messaging or other personal business.”

Section 23:All other provisions of "Chapter 17, Personnel Practices” in the Revised Ordinances shall be unaffected and are hereby continued.

Section 24:All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 25:      If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid by Court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinances.  

Section 26:      This Ordinance shall take effect immediately after final passage and publication thereof as provided by law.      

Introduced:  04/21/11                                                                                                     Adopted:      05/05/11                                      Frank J. Druetzler, Mayor