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Documents/Contracts/RFQ/RFP
BID #: N/A
ISSUED: 10/23/2025
DUE: 11/22/2025
VALUE: TBD
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Executive Summary
The Borough of Kinnelon is soliciting Qualification Statements for professional services for the year 2026. Through this Request for Qualifications (RFQ), interested individuals and firms can submit their qualifications to assist the Borough. The Borough aims to qualify entities that demonstrate the professional, financial, and administrative capabilities to provide the necessary services, while also agreeing to the terms and conditions that offer the greatest benefit to Kinnelon taxpayers.
Qualification Statements must adhere to the procedures and schedules outlined in the RFQ. Legal Services, Grant Writing, Auditing, Professional Planning, Public Defense, and Health Insurance Brokerage are among the professional services being sought. The deadline for submission is November 22, 2025, at 11:00 a.m. Documents are available on the Borough's website and can be requested through the Borough Clerk's Office.
Web Content
Documents/Contracts/RFQ/RFP Borough of Kinnelon Request for Qualificatons Under The Fair and Open Process For 2025 Professional Services Please "click here" for more information RFP For Insurance Broker Kinnelon PBA Local #341 Contract AFSCME NJ Council 63 Local Contract IBEW Local 1158 Personnel Policy
Document Text
--- Document: Borough of Kinnelon Request for Qualificatons Under The Fair and Open Process For 2025 Professional ServicesPlease "click here" for more information ---
BOROUGH OF KINNELON REQUEST
FOR QUALIFICATIONS UNDER THE FAIR AND OPEN PROCESS
FOR 2026 PROFESSIONAL SERVICES
Legal Notice
ADMENDMENTS
Whereas the Request for Qualifications needed to be amended:
1. The Dates of 2025 changed to 2026
2. Name of Kinnelon Borough Clerk changed from East Brunswick NJ to:
Karen M. luele
Kinnelon Municipal Clerk
130 Kinnelon Road
Kinnelon, NJ 07405
Karen M. Iuele, RMC
Kinnelon Municipal Clerk
BOROUGH OF KINNELON REQUEST
FOR QUALIFICATIONS UNDER THE
FAIR AND OPEN PROCESS
FOR
2026 PROFESSIONAL SERVICES
ISSUE DATE:
DUE DATE: November 22, 2025, at 11:00 a.m.
Issued by:
Borough of Kinnelon
130 Kinnelon Road
Kinnelon, NJ 07402
973-838-5401
www.kinnelonboro.org
Legal Public Notice: Borough of Kinnelon website
October 23, 2025
THE BOROUGH OF KINNELON
REQUEST FOR QUALIFICATIONS
FOR 2026 PROFESSIONAL SERVICES
NOTICE IS HEREBY GIVEN, that the Borough of Kinnelon is soliciting Qualification Statements
from interested persons and/or firms for various professional services as indicated below for the year 2026.
Through the Request for Qualification (“RFQ") process, any person and/or firm interested in assisting the
Borough with the services indicated below must prepare and submit a Qualified Statement in accordance with
the procedure and schedule in the RFQs. The Borough intends to qualify a person and/or firm that (a) possesses
the professional, financial, and administrative capabilities to provide the proposed service, and (b) agrees and
meets the terms and conditions determined by the Borough that provide the greatest benefit to the taxpayers of
East Brunswick.
The selection is subject to the “New Jersey Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.4, et seq.
The Borough has structured a procurement process that seeks to obtain the desired results, while establishing
a competitive process, to assure that each person and/or firm is provided an equal opportunity to submit a
Qualification Statement in response to the RFQ. The factors to be considered by the Borough include, but not
limited to; (i) experience and reputation in the profession; (ii) knowledge of the subject matter to be addressed
under contract; (iii) availability to accommodate any required meetings of the Borough or Borough agency;
(iv) any other factors demonstrated to be in the best interest of the Borough of Kinnelon.
Instructions and qualification documents are available on the Borough's website and can be requested
through the Borough Clerk's Office:
Borough of Kinnelon
Borough Clerk's Office
Attn: Karen Ieule
130 Kinnelon Road
Kinnelon, NJ 0740
Tele: 973-838-5401
Email: kiuele@kinnelonboro.org
SUBMISSION DUE DATE:
Tuesday, November 22, 2025 by 11:00 a.m.
The Borough seeks Qualification Statements for the following professional services:
Legal Services
Grant Writer
Borough Auditor
Engineering Services
Professional Planners
Public Defender
Prosecutor
e Appendix A – Scope of Services (Commencing on page 24 to page 33)
Page 1 of 32
Borough of Kinnelon
Request for Qualifications
2025 Professional Services
Obtaining a Submission Package
Instructions and qualification documents are available on the Borough's website (www.kinnelonboro.org) and
can also be obtained through the Borough Clerk's Office during regular business hours, Monday - Friday, from
8:00 a.m. to 4:00 p.m. The submission package can also be requested by phone or via email: 973-838-5401
kiuele@kinnelonboro.org.
Submission by Facsimile or Email
Qualification Statements will not be accepted by facsimile transmission. A pdf copy of the entire document must
be submitted either electronically by e-mail to kiuele@kinnelonboro.org or by providing a thumb drive with the
submission.
Submitting Envelope
Completed Qualification Statements must be submitted in the manner designed and outlined in the submission
package. The envelope or package must be enclosed in a sealed envelope bearing the name and address of the
Respondent, and the name of the specific professional service on the outside, addressed to the Borough of
Kinnelon. Each interested firm or professional must submit a separate qualification statement for each area of
interest. One qualification statement for multiple services will not be accepted. Please enclose one (1) original,
marked original, and two (2) copies (each marked copy) of the proposal being submitted for each professional
service of interest.
Note: The Borough of Kinnelon will consider proposals only from firms or organizations that have demonstrated
the capability and willingness to provide high-quality services in the manner described in this Request for
Qualification.
The Borough reserves the right to reject any or all submissions due to any defects or waive informalities and
accept any submissions that, in their judgment, will be in the best interest of the Borough. The Borough shall
award the contract or reject all submissions no later than 60 days from receipt of the same.
All Respondents are required to comply with the affirmative action and non-discrimination provisions of
N.J.S.A. 10:5-31 et seq. and N.J.A.C. 14:27.
BY THE ORDER OF THE BOROUGH COUNCIL OF THE BOROUGH OF KINNELON.
Karen Iuele, RMC
Borough Clerk
BOROUGH OF KINNELON
Page 2 of 32
Borough of Kinnelon
Request for Qualifications
2025 Professional Services
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
•
•
•
•
•
•
•
“Borough” – refers to the Borough of Kinnelon, its officers and elected and appointed officials,
employees and advisors and consultants.
"Due Date" - refers to the date and time by which Qualification Statements must be received by the
Borough in order to be considered for award of the contract or position.
"Qualification Statement" - refers to a Respondent's complete response to this RFQ.
"Qualified Respondent" - refers to those Respondents who (in the sole judgment of the Borough)
have satisfied the qualification criteria set forth in this RFQ.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements
thereto.
"Respondent" or "Respondents" refers to the interested individuals and firms that submit
Qualification Statements.
“Services” – refers to the professional services the Borough seeks in this RFQ process.
“Successful Respondent” – refers to the Respondent selected by the Borough to perform the
Services.
Page 3 of 32
Borough of Kinnelon
Request for Qualifications
2025 Professional Services
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
1.1
Introduction and Purpose.
The Borough is soliciting Qualification Statements from interested persons and/or firms for the provision
of the professional services described herein. Through a Request for Qualification process, persons and/or firms
interested in assisting the Borough with the provision of such services must prepare and submit a Qualification
Statement in accordance with the procedure and schedule in this RFQ. The Borough will review only
Qualification Statements that include all the required information as described herein. The Borough intends to
qualify persons and/or firms that (a) possess the professional capabilities to provide the proposed services; (b)
will agree to work under the compensation terms and conditions set forth; and (c) have demonstrated the
capability and willingness to provide high quality services to the Borough.
1.2
Procurement Process and Schedule.
The procurement process for professional services being procured are exempt from bidding pursuant to
N.J.S.A. 40A:11-5 (1) (a) (i) The selection of Qualified Respondents is subject to the New Jersey Local Unit
Pay-to-Play Law, N.J.S.A. 19:44A-20.4 et seq. The Borough has structured a competitive procurement process
which ensures that anyone interested in providing the services sought has an opportunity to submit a
Qualification Statement in response to this RFQ. The Borough will evaluate responses to this RFQ in
accordance with the criteria set forth in Section 5. Based upon the totality of the information contained in the
Qualification Statement, and from the Respondents' references, the Borough will determine which
Respondents are qualified. Each Respondent that meets the requirements of the RFQ (in the sole judgment of
the Borough) will be designated as a Qualified Respondent and will be considered for selection by the Borough.
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the
anticipated completion dates are stated in the Anticipated Procurement Schedule. The Borough reserves the
right to, among other things, amend, modify or alter the Procurement Schedule upon notice to all potential
Respondents who have provided contact information to the Clerk upon receipt of this RFQ.
Qualification Statements must be received by the Borough's Designated Contact Person, via mail
or hand delivery, by 11:00 A.M. prevailing time on the Due Date. Qualification Statements received after
11:00 A.M. on the Due Date will be returned unopened.
DESIGNATED CONTACT:
Borough of Kinnelon
Attn: Karen Iuele, Municipal Clerk
130 Kinnelon Road
Kinnelon, NJ 07405
Page 4 of 32
Borough of Kinnelon
Request for Qualifications
2025 Professional Services
ACTIVITY
ANTICIPATED PROCUREMENT SCHEDULE
1.
Issuance of Request for Qualifications
2.
Receipt of Qualification Statements/ Due Date
3
Completion of Evaluation of Qualification Statements
4.
Award of Professional Services Agreements
5.
Term of Contract
DATE
October 21, 2025
November 21, 2025
December 30, 2025
January 2026
January 1, 2026 – December 31, 2026
1.3
Conditions Applicable to RFQ.
Upon submitting a Qualification Statement in response to this RFQ, the Respondent acknowledges
and consents to the following conditions:
This document is an RFQ and does not constitute an RFP.
This RFQ does not commit the Borough to issue an RFP.
All costs incurred by the Respondent in connection with responding to this RFQ shall be borne
solely by the Respondent. There shall be no claims whatsoever against the Borough, its staff
or consultants for reimbursement or payment of costs or expenses incurred in the preparation of
the Qualification Statement or other information required by the RFQ.
The Borough reserves the right to reject for any reason any and all responses and components
thereof.
The Borough reserves the right to reject any Respondent that submits incomplete responses to
this RFQ, or a Qualification Statement that is not responsive to the requirements of this RFQ.
The Borough reserves the right, without prior notice, to supplement, amend, or modify this
RFQ, or to request additional information.
All Qualification Statements shall become the property of the Borough and will not be
returned.
All Qualification Statements will be made available to the public at the appropriate time, as
determined by the Borough in accordance with law.
Page 5 of 32
Borough of Kinnelon
Request for Qualifications
2025 Professional Services
1.4
Any Qualification Statements not received by the Borough timely will be rejected.
The Borough shall not be liable for any claims or damages alleged to have been incurred as a
result of this RFQ process, including the Borough's review of Qualification Statements and its
award of contracts.
Rights of Borough.
The Borough reserves the following rights with regard to this RFQ and the procurement process in
accordance with the provisions of applicable law:
To determine that any Qualification Statement received complies or fails to comply with the
terms of this RFQ.
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all
prospective Respondents who have received a copy of this RFQ.
To waive any technical non-conformance with the terms of this RFQ.
To change or alter the schedule for any events called for in this RFQ upon the issuance of notice
to all prospective Respondents who have received a copy of this RFQ.
To conduct investigations of any or all of the Respondents, as the Borough deems necessary or
convenient, to clarify the information provided as part of a Qualification Statement, and to
request additional information to support the information included in any Qualification
Statement.
To suspend or terminate the procurement process described in this RFQ at any time, commence
a new procurement process, or exercise any other rights provided under applicable law without
any obligation to the Respondents.
The Borough shall be under no obligation to complete all or any portion of the procurement process
described in this RFQ.
1.5
Addenda or Amendments to RFQ.
After the issuance of the RFQ, but no later than five (5) business days prior to the Due Date, the Borough
may issue an addenda, amendments or answers to written inquiries. Addenda will be noticed by the Borough
and will constitute a part of the RFQ. All responses to the RFQ shall be prepared with full consideration of
any addenda issued.
1.6
Proposal Format.
Page 6 of 32
Borough of Kinnelon
Request for Qualifications
2025 Professional Services
Responses should cover all information requested in Section 3 of this RFQ. Responses that do not meet
the requirements of the RFQ or which are in any way conditional, incomplete, obscure, contain additions or
deletions from requested information, or contain errors may be rejected.
SECTION 2
SCOPE OF SERVICES
The Borough seeks Qualification Statements from Respondents that have expertise in the provision of
services as outlined in the Notice of Solicitation. Refer to Appendix A for Scope of Services by particular
profession.
3.1 General Requirements.
SECTION 3
SUBMISSION REQUIREMENTS
Respondent's Qualification Statement must meet or exceed the professional, administrative
and financial qualifications set forth in this Section 3 and shall incorporate the information requested below.
In addition to the information described below, Respondents are invited to submit supplemental
information that may be useful to the Borough in evaluating the Qualification Statement. This information
may include, for example, a firm profile or brochure. Respondents are encouraged to be clear, factual, and
concise in their presentation of information.
3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following documentation
and information:
1.
An executive summary (not to exceed two (2) pages) of the information contained in all
the other parts of the Qualification Statement.
2.
An executed Letter of Intent (See Exhibit A).
3.
4.
Name, address and telephone number of the individual or firm submitting the
Qualification Statement and the name of the key contact person.
A statement that the Respondent has complied with all applicable affirmative action (or
similar) requirements with respect to its business activities (e.g., N.J.S.A. 10:5-31 et seq. and N.J.A.C.
17:27 as amended) and evidence of such compliance. (See Exhibit B)
5.
The number of years Respondent has been in practice.
Page 7 of 32
Borough of Kinnelon
Request for Qualifications
2025 Professional Services
3.3
6.
Any judgments within the last three years in which Respondent has been adjudicated liable
for professional malpractice. If any, please provide the docket numbers.
7.
Whether Respondent or its firm is now or has been involved in any bankruptcy or re-
organization proceedings in the last ten years. If so, please provide the docket
numbers.
8.
A statement that principals have no immediate relatives who are Borough employees or
elected officials.
Professional Information Requirements.
1.
Respondent shall submit a description of its overall experience in providing the same or similar
Services. At a minimum, the following information should be included as appropriate:
a.
Description and scope of Respondent's work experience.
b.
Three business references, including contact information.
c.
Explanation of perceived relevance of Respondent's experience to the RFQ.
2.
Describe those portions of the Respondent's services, if any, that are sub-contracted. Identify
all subcontractors the Respondent anticipates using in connection with the Services.
3.
Resumes of key employees who will be assigned to provide the Services.
3.4 Services Fees.
1.
Refer to Scope of Services.
2.
Respondents should take careful note of the following:
a. Respondent shall be reimbursed for out-of-pocket expenses that shall include, but not
be limited to:
Faxes and conference calls;
b.
(i)
(ii)
(iii)
Payment of filing, application fees, review fees and similar charges;
Outside printing, reproduction, binding, collating, graphic services;
Messenger service and overnight mail.
(iv)
Charges incurred under (iii) and (iv) must be pre-approved by the Borough.
Respondent shall send monthly invoices to the Borough detailing the Services
performed.
Page 8 of 32
Borough of Kinnelon
Request for Qualifications
2025 Professional Services
с.
The Borough shall require that upon performing Services totaling 70 percent of
the encumbered amount, whether or not all Services have been invoiced to the
Borough, the Respondent shall provide the Borough with an estimate of
additional funds that may be necessary to conclude the matter. Additional funds
must be approved by resolution of the Borough Council. The Borough expects its
professional service providers to maintain time-management control systems to
ensure compliance with this RFQ requirement.
SECTION 4
INSTRUCTIONS TO RESPONDENTS
4.1
Submission of Qualification Statements.
Each interested firm or professional must submit a separate Qualification Statement for each area of
interest to the Designated Contact Person. One qualification statement for multiple services will not be
accepted. Please enclose one (1) original, marked original, and two (2) copies (each marked copy) of the
proposal being submitted for each professional service of interest:
Borough of Kinnelon
130 Kinnelon Road
Kinnelon, NJ 07405
Attn: Karen Iuele, Municipal Clerk
To be responsive, Qualification Statements must provide all requested information, and must be in
strict conformance with the instructions set forth herein:
1.
2.
3.
4.
Qualification Statements must be received by the Borough no later than the Due Date and must
be mailed or hand delivered. Qualification Statements forwarded by facsimile or email will not
be considered. Qualification statements received after the designated time on the Due Date
will be returned, unopened, to the sender. The Respondent is solely responsible for delays in
delivery.
Qualification Statements and all Forms (Exhibits A through J) and other related information
must be stapled or bound and signed by the Respondent. If Respondent is other than a natural
person, the Qualification Statement must be signed by an individual with power to bind the
Respondent.
The name of the Respondent and the position or contract for which the submission is being
made must be printed on the outside of the package containing Respondent's submission. The
Borough will, in its sole discretion, determine whether to qualify more than one Respondent
for the Services.
Respondents are reminded that the forms attached to this RFQ must be completed and
Page 9 of 32
Borough of Kinnelon
Request for Qualifications
2025 Professional Services
4.2
submitted with their Qualifications Statements. See also, Exhibit C for a list of documents that
must be submitted with the proposal and those that that successful Respondents must present
to the Borough prior to the Borough's executing a contract for services with the Respondent.
Legislation Compliance
Respondents are to submit a Certification of Political Contribution pursuant to N.J.S.A. 19:44A-20.4
et seq. with their proposals. A Certification form is provided as Exhibit G.
SECTION 5
EVALUATION
The Borough's objective in soliciting Qualification Statements is to enable it to select a firm, individual,
or organization that will provide high quality and cost-effective services to the taxpayers of the Borough. The
Borough will consider Qualification Statements only from firms, individuals, or organizations that, in the
Borough's judgment, have demonstrated the capability and willingness to provide high quality services to the
taxpayers of the Borough in the manner described in this RFQ. The Borough will consider all relevant factors,
including, but not limited to:
1.
2.
3
4.
5.
Qualifications of firm, specifically as they relate to this Project.
Related project experience of the firm(s) and the individuals who would be assigned to
the Project.
Familiarity with the Borough,
Available resources to complete project. This criterion would include the analytical,
design tools, personnel, resources or methodologies commonly used by the firm that may be
applicable to the project categories.
Other factors determined to be in the best interest of the Borough.
Page 10 of 32
Borough of Kinnelon
Request for Qualifications
2025 Professional Services
Exhibit A
LETTER OF INTENT
(To be prepared on Respondent's Letterhead. No modifications may be made to this letter)
Borough of Kinnelon
130 Kinnelon Road
Kinnelon NJ 07405
Karen Iuele, Municipal Clerk
Date:
Dear Ms. Iuele:
Re: Letter of Intent
The undersigned, as Proposer, has (have) submitted the attached Proposal in response to a Request for
Proposals Qualifications (RFP\RFQ) for
(service), issued by the Borough of
Kinnelon dated October 23, 2025 in connection with the “Scope of Services”. The undersigned hereby states:
1. The Proposal contains accurate, factual and complete information to the best of our knowledge and belief. The
Proposal is submitted in good faith. I/we understand that any false statement may result in my/our
disqualification.
2. Proposer agrees to participate in good faith in the procurement process described in the RFP and to adhere to the
Borough's procurement schedule.
3. Proposer acknowledges that all costs incurred by it (them) in connection with the preparation and submission of
the Proposal, amendments thereto, and any other documents prepared and submitted in response to the RFP, or
any negotiation which results therefrom shall be borne exclusively by the Proposer
4. Proposer hereby declares that the only persons anticipated by Proposer to perform the professional services for
which this Proposal is submitted are named herein and that no person other than those herein named participated
in this Proposal or will participate in any contract to be entered into between Proposer and the Borough. Proposer
declares that this Proposal is made without connection with any other person, firm or parties who has submitted
a Proposal, except as expressly set forth below, and that it has been prepared and submitted in good faith and
without collusion or fraud.
5. Proposer acknowledges and agrees that the Borough may modify, amend, suspend and/or terminate the
procurement process (in its sole judgment).
6. Proposer acknowledges that if it becomes the Successful Proposer and is awarded a contract to provide the
Services, it shall comply with all applicable affirmative action and equal employment opportunity laws
Signed:
Printed:
Title:
*If a joint venture, partnership or organization other than a natural person is submitting a Proposal, this Letter of
Qualification must be signed by an individual with the authority to bind the organization.
Page 11 of 32
Borough of Kinnelon
Request for Qualifications
2025 Professional Services
Exhibit B
EXHIBIT A - MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE PER
N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1.1 et seq.
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or
applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional
or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to
affectional or sexual orientation and gender identity or expression, the contractor will take affirmative action
to ensure that such applicants are recruited and employed, and that employees are treated during employment,
without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual
orientation, gender identity or expression, disability, nationality or sex. Such action shall include, but not be
limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this
nondiscrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration
for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional
or sexual orientation, gender identity or expression, disability, nationality or sex.
The contractor or subcontractor, where applicable, will send to each labor union or representative or
workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the agency contracting officer advising the labor union or workers' representative of the
contractor's commitments under this act and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the
Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the
Americans with Disabilities Act.
The contractor or subcontractor agrees to make good faith efforts to employ minority and women
workers consistent with the applicable county employment goals established in accordance with N.J.A.C.
17:27-5.2, or a binding determination of the applicable county employment goals determined by the Division,
pursuant to N.J.A.C. 17:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies
including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions,
that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, affectional
or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will
Page 12 of 32
Borough of Kinnelon
Request for Qualifications
2025 Professional Services
discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that
all personnel testing conforms with the principles of job-related testing, as established by the statutes and court
decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court
decisions.
Exhibit B, Continued
In conforming with the applicable employment goals, the contractor or subcontractor agrees to review
all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken
without regard to age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation,
gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of
the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior to execution of a
goods and services contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302
The contractor and its subcontractors shall furnish such reports or other documents to the Div. of Contract
Compliance & EEO as may be requested by the office from time to time in order to carry out the purposes of
these regulations, and public agencies shall furnish such information as may be requested by the Div. of
Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the
Administrative Code at N.J.A.C. 17:27-1.1 et seq.
Page 13 of 32
Borough of Kinnelon
Request for Qualifications
2025 Professional Services
Exhibit C
CHECKLIST FOR ITEMS TO BE SUBMITTED WITH QUALIFICATIONS STATEMENT
FAILURE TO SUBMIT ANY OF THESE ITEMS IS MANDATORY CAUSE
FOR REJECTION OF RFP\RFQ
1
2
3
4
5
6
7
8
Letter of Intent (Ex. A)
Affirmative Action Letter, Certificate or Employee Information
Report AA-302 (Ex. B) (Submit Copy of State Certificate of
Employee Information Report Prior to
Contract Award)
Disclosure Statement (Ex. D)
Non-Collusion Affidavit (Ex. E)
Certification of Political Contributions (Ex. G)
Proposal Form (Ex. H)
Acknowledgement of Receipt of Addenda (Ex. I)
Disclosure of Investment Activities in Iran (Ex. J)
DOCUMENTS REQUIRED PRIOR TO CONTRACT EXECUTION
1
2
Read,
Acknowledged,
Signed & Submitted
Respondent's Initial
Business Registration Certificate (BRC) from the State of New Jersey
Department of Treasury, Division of Revenue) (N.J.S.A. 52:32-44)
(SUBMISSION OF CERTIFICATE WITH RESPONSE
PREFERRED)
Certificate of Insurance Evidencing Comprehensive Liability,
Property/Casualty ($2 million aggregate/$1million per occurrence) (or
less if Umbrella coverage is present); Workers Compensation
(statutory limits); and Professional Malpractice (if applicable) ($2
million aggregate/$1 million per occurrence) naming Borough as
additional insured.
READ ONLY
1
Americans With Disability Act of 1990 Language (Ex. F)
Signature: The undersigned hereby acknowledges that he/she has submitted the required
documents with the Qualifications Statement and will submit the remaining required
documents prior to execution of a contract with the Borough.
Name of Respondent/ Firm:
Print Name and Title:
Signature:
Date:
Page 14 of 32
Borough of Kinnelon
Request for Qualifications
2025 Professional Services
EXHIBIT D
STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, с.43)
This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the
required information is cause for automatic rejection of the bid or proposal.
Name of Organization:
Organization Address:
Part I - Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV)
Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)
For-Profit Corporation (any type)
Limited Liability Company (LLC)
Partnership
Limited Partnership
Limited Liability Partnership (LLP)
Other (be specific):
Part II
The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more if its stock,
of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the
limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW
IN THIS SECTION)
OR
No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the
partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater
interest therein, as the case may be. (SKIP TO PART IV)
(Please attach additional sheets if more space is needed):
Name of Individual or Business Entity
Business Address
Page 15 of 32
Borough of Kinnelon
Request for Qualifications
2025 Professional Services
Part III - DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC
MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater
beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC)
or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s)
with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person
holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s)
that contain the information on each such person. Attach additional sheets if more space is needed.
Website (URL) containing the last annual SEC (or foreign equivalent) filing
Page #'s
Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any
corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded
parent entities referenced above. The disclosure shall be continued until names and addresses of every non-corporate stockholder,
and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been
listed. Attach additional sheets if more space is needed.
Stockholder/Partner/Member and Corresponding
Entity Listed in Part II
Home Address (for Individuals) or Business Address
Part IV - Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto
to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this
certification on behalf of the bidder/proposer; that the Borough of Kinnelon is relying on the information
contained herein and that I am under a continuing obligation from the date of this certification through the
completion of any contracts with Borough of Kinnelon to notify the Borough of Kinnelon in writing of any
changes to the information contained herein; that I am aware that it is a criminal offense to make a false
statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under
the law and that it will constitute a material breach of my agreement(s) with the, permitting the Borough of
Kinnelon to declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print):
Signature:
Page 16 of 32
Borough of Kinnelon
Request for Qualifications
2025 Professional Services
Title:
Date:
I,
In the County of
law on my oath depose and say that:
I
am
Exhibit E
NON-COLLUSION AFFIDAVIT
of the City of
and the State of
of full age, being duly sworn according to
of
the
firm
of
the Proposer herein, and I executed the Proposer with
full authority to do so; that the Proposer has not directly or indirectly, entered into any agreement, participated in any co llusion, or
otherwise taken any action in restraint of free, competitive proposing in connection with the above-named Vendor, and that all
statements contained in the Proposal and in this affidavit are true and correct, and made with full knowledge that the Borough of
Kinnelon relies upon the truth of the statements contained in the Proposal and the statement in this affidavit in awarding the contract.
I further warrant that no person or selling agency has been employed or retained to solicit or secure a contract upon an
agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide
established commercial or selling agencies maintained by
(Name of Vendor)
Signature
Print or Type Name and Title
Page 17 of 32
Borough of Kinnelon
Request for Qualifications
2025 Professional Services
Exhibit F
AMERICANS WITH DISABLILITIES ACT OF 1990
EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABLILITY
The RESPONDENT and the BOROUGH OF KINNELON (herein referred to as the BOROUGH) do
hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42
U.S.C. S12101 et
--- Document: RFP For Insurance Broker ---
BOROUGH OF KINNELON REQUEST
FOR QUALIFICATIONS UNDER THE FAIR AND OPEN PROCESS
FOR 2026 PROFESSIONAL SERVICES
Legal Notice
ADMENDMENTS
Whereas the Request for Qualifications needed to be amended:
1. The Dates of 2025 changed to 2026
2. Name of Kinnelon Borough Clerk changed from East Brunswick NJ to:
Karen M. luele
Kinnelon Municipal Clerk
130 Kinnelon Road
Kinnelon, NJ 07405
Karen M. Iuele, RMC
Kinnelon Municipal Clerk
BOROUGH OF KINNELON REQUEST
FOR QUALIFICATIONS UNDER THE
FAIR AND OPEN PROCESS
FOR
2026 PROFESSIONAL SERVICES
ISSUE DATE:
DUE DATE: November 22, 2025, at 11:00 a.m.
Issued by:
Borough of Kinnelon
130 Kinnelon Road
Kinnelon, NJ 07402
973-838-5401
www.kinnelonboro.org
Legal Public Notice: Borough of Kinnelon website
October 23, 2025
THE BOROUGH OF KINNELON
REQUEST FOR QUALIFICATIONS
FOR 2025 PROFESSIONAL SERVICES
NOTICE IS HEREBY GIVEN, that the Borough of Kinnelon is soliciting Qualification Statements
from interested persons and/or firms for various professional services as indicated below for the year 2025.
Through the Request for Qualification ("RFQ") process, any person and/or firm interested in assisting the
Borough with the services indicated below must prepare and submit a Qualified Statement in accordance with
the procedure and schedule in the RFQs. The Borough intends to qualify a person and/or firm that (a) possesses
the professional, financial, and administrative capabilities to provide the proposed service, and (b) agrees and
meets the terms and conditions determined by the Borough that provide the greatest benefit to the taxpayers of
East Brunswick.
The selection is subject to the "New Jersey Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.4, et seq.
The Borough has structured a procurement process that seeks to obtain the desired results, while establishing
a competitive process, to assure that each person and/or firm is provided an equal opportunity to submit a
Qualification Statement in response to the RFQ. The factors to be considered by the Borough include, but not
limited to; (i) experience and reputation in the profession; (ii) knowledge of the subject matter to be addressed
under contract; (iii) availability to accommodate any required meetings of the Borough or Borough agency;
(iv) any other factors demonstrated to be in the best interest of the Borough of Kinnelon.
Instructions and qualification documents are available on the Borough's website and can be requested
through the Borough Clerk's Office:
Borough of Kinnelon
Borough Clerk's Office
Attn: Karen Ieule
130 Kinnelon Road
Kinnelon, NJ 0740
Tele: 973-838-5401
Email: kiuelea kinnelonboro.org
SUBMISSION DUE DATE:
Tuesday, November 28, 2023, by 11:00 a.m.
The Borough seeks Qualification Statements for the following professional services:
Legal Services
Grant Writer
Borough Auditor
Professional Planners
Public Defender
Health Insurance Broker
e Appendix A - Scope of Services (Commencing on page 24 to page 33)
Page 1 of 32
Borough of Kinnelon
Request for Qualifications
2025 Professional Services
Engineering Services
Prosecutor
Obtaining a Submission Package
Instructions and qualification documents are available on the Borough's website (www.kinnelonboro.org) and
can also be obtained through the Borough Clerk's Office during regular business hours, Monday - Friday, from
8:00 a.m. to 4:00p.m. The submission package can also be requested by phone or via email: 973-838-5401
kiuele@kinnelonboro.org.
Submission by Facsimile or Email
Qualification Statements will not be accepted by facsimile transmission. A pdf copy of the entire document must
be submitted either electronically by e-mail to kiuele@kinnelonboro.org or by providing a thumb drive with the
submission.
Submitting Envelope
Completed Qualification Statements must be submitted in the manner designed and outlined in the submission
package. The envelope or package must be enclosed in a sealed envelope bearing the name and address of the
Respondent, and the name of the specific professional service on the outside, addressed to the Borough of
Kinnelon. Each interested firm or professional must submit a separate qualification statement for each area of
interest. One qualification statement for multiple services will not be accepted. Please enclose one (1) original,
marked original, and two (2) copies (each marked copy) of the proposal being submitted for each professional
service of interest.
Note: The Borough of Kinnelon will consider proposals only from firms or organizations that have demonstrated
the capability and willingness to provide high-quality services in the manner described in this Request for
Qualification.
The Borough reserves the right to reject any or all submissions due to any defects or waive informalities and
accept any submissions that, in their judgment, will be in the best interest of the Borough. The Borough shall
award the contract or reject all submissions no later than 60 days from receipt of the same.
All Respondents are required to comply with the affirmative action and non-discrimination provisions of
N.J.S.A. 10:5-31 et seq. and N.J.A.C. 14:27.
BY THE ORDER OF THE BOROUGH COUNCIL OF THE BOROUGH OF KINNELON.
Karen Iuele, RMC
Borough Clerk
BOROUGH OF KINNELON
Page 2 of 32
Buroagli.of Kinnelon
Request for Qualifications
2025 Professional SersTLUS
GLOSSARY
The following definitions shall apply to and are used in this Request for Qualifications:
•
•
•
•
•
•
•
•
"Borough" - refers to the Borough of Kinnelon, its officers and elected and appointed officials,
employees and advisors and consultants.
"Due Date" - refers to the date and time by which Qualification Statements must be received by the
Borough in order to be considered for award of the contract or position.
"Qualification Statement" - refers to a Respondent's complete response to this RFQ.
"Qualified Respondent" - refers to those Respondents who (in the sole judgment of the Borough)
have satisfied the qualification criteria set forth in this RFQ.
"RFQ" - refers to this Request for Qualifications, including any amendments thereof or supplements
thereto.
"Respondent" or "Respondents" refers to the interested individuals and firms that submit
Qualification Statements.
"Services" - refers to the professional services the Borough seeks in this RFQ process.
"Successful Respondent" - refers to the Respondent selected by the Borough to perform the
Services.
Page 3 of 32
Boromgh of Kannekon
Rasquest for Qualificatus:
2025 Professional Service
SECTION 1
INTRODUCTION AND GENERAL INFORMATION
1.1
Introduction and Purpose.
The Borough is soliciting Qualification Statements from interested persons and/or firms for the provision
of the professional services described herein. Through a Request for Qualification process, persons and/or firms
interested in assisting the Borough with the provision of such services must prepare and submit a Qualification
Statement in accordance with the procedure and schedule in this RFQ. The Borough will review only
Qualification Statements that include all the required information as described herein. The Borough intends to
qualify persons and/or firms that (a) possess the professional capabilities to provide the proposed services; (b)
will agree to work under the compensation terms and conditions set forth; and (c) have demonstrated the
capability and willingness to provide high quality services to the Borough.
1.2
Procurement Process and Schedule.
The procurement process for professional services being procured are exempt from bidding pursuant to
N.J.S.A. 40A:11-5 (1) (a) (i) The selection of Qualified Respondents is subject to the New Jersey Local Unit
Pay-to-Play Law, N.J.S.A. 19:44A-20.4 et seq. The Borough has structured a competitive procurement process
which ensures that anyone interested in providing the services sought has an opportunity to submit a
Qualification Statement in response to this RFQ. The Borough will evaluate responses to this RFQ in
accordance with the criteria set forth in Section 5. Based upon the totality of the information contained in the
Qualification Statement, and from the Respondents references, the Borough will determine which
Respondents are qualified. Each Respondent that meets the requirements of the RFQ (in the sole judgment of
the Borough) will be designated as a Qualified Respondent and will be considered for selection by the Borough.
The RFQ process commences with the issuance of this RFQ. The steps involved in the process and the
anticipated completion dates are stated in the Anticipated Procurement Schedule. The Borough reserves the
right to, among other things, amend, modify or alter the Procurement Schedule upon notice to all potential
Respondents who have provided contact information to the Clerk upon receipt of this RFQ.
Qualification Statements must be received by the Borough's Designated Contact Person, via mail
or hand delivery, by 11:00 A.M. prevailing time on the Due Date. Qualification Statements received after
11:00 A.M. on the Due Date will be returned unopened.
DESIGNATED CONTACT:
Borough of Kinnelon
Attn: Karen Iuele, Municipal Clerk
130 Kinnelon Road
Kinnelon, NJ 07405
Page 4 of 32
Borough of Kimmelon
Request for Qualifications
2025 Professional Services
ANTICIPATED PROCUREMENT SCHEDULE
ACTIVITY
1.
Issuance of Request for Qualifications
2.
Receipt of Qualification Statements/ Due Date
3
Completion of Evaluation of Qualification Statements
4.
Award of Professional Services Agreements
5.
Term of Contract
DATE
October 21, 2025
November 21, 2025
December 30, 2025
January 2026
January 1, 2026 - December 31, 2026
1.3
Conditions Applicable to RFQ.
Upon submitting a Qualification Statement in response to this RFQ, the Respondent acknowledges
and consents to the following conditions:
•
•
This document is an RFQ and does not constitute an RFP.
This RFQ does not commit the Borough to issue an RFP.
All costs incurred by the Respondent in connection with responding to this RFQ shall be borne
solely by the Respondent. There shall be no claims whatsoever against the Borough, its staff
or consultants for reimbursement or payment of costs or expenses incurred in the preparation of
the Qualification Statement or other information required by the RFQ.
The Borough reserves the right to reject for any reason any and all responses and components
thereof.
The Borough reserves the right to reject any Respondent that submits incomplete responses to
this RFQ, or a Qualification Statement that is not responsive to the requirements of this RFQ.
The Borough reserves the right, without prior notice, to supplement, amend, or modify this
RFQ, or to request additional information.
All Qualification Statements shall become the property of the Borough and will not be
returned.
All Qualification Statements will be made available to the public at the appropriate time, as
determined by the Borough in accordance with law.
Page 5 of 32
Boroughal Kinnelon
Resquest for Qualifications
2025 Professional Services
1.4
Any Qualification Statements not received by the Borough timely will be rejected.
The Borough shall not be liable for any claims or damages alleged to have been incurred as a
result of this RFQ process, including the Borough's review of Qualification Statements and its
award of contracts.
Rights of Borough.
The Borough reserves the following rights with regard to this RFQ and the procurement process in
accordance with the provisions of applicable law:
•
To determine that any Qualification Statement received complies or fails to comply with the
terms of this RFQ.
To supplement, amend or otherwise modify the RFQ through issuance of addenda to all
prospective Respondents who have received a copy of this RFQ.
To waive any technical non-conformance with the terms of this RFQ.
To change or alter the schedule for any events called for in this RFQ upon the issuance of notice
to all prospective Respondents who have received a copy of this RFQ.
To conduct investigations of any or all of the Respondents, as the Borough deems necessary or
convenient, to clarify the information provided as part of a Qualification Statement, and to
request additional information to support the information included in any Qualification
Statement.
To suspend or terminate the procurement process described in this RFQ at any time, commence
a new procurement process, or exercise any other rights provided under applicable law without
any obligation to the Respondents.
The Borough shall be under no obligation to complete all or any portion of the procurement process
described in this RFQ.
1.5
Addenda or Amendments to RFO.
After the issuance of the RFQ, but no later than five (5) business days prior to the Due Date, the Borough
may issue an addenda, amendments or answers to written inquiries. Addenda will be noticed by the Borough
and will constitute a part of the RFQ. All responses to the RFQ shall be prepared with full consideration of
any addenda issued.
1.6
Proposal Format.
Page 6 of 32
Borough of Kinnelon
Request for Qualificatons
2025 Professional Services
Responses should cover all information requested in Section 3 of this RFQ. Responses that do not meet
the requirements of the RFQ or which are in any way conditional, incomplete, obscure, contain additions or
deletions from requested information, or contain errors may be rejected.
SECTION 2
SCOPE OF SERVICES
The Borough seeks Qualification Statements from Respondents that have expertise in the provision of
services as outlined in the Notice of Solicitation. Refer to Appendix A for Scope of Services by particular
profession.
3.1
General Requirements.
SECTION 3
SUBMISSION REQUIREMENTS
Respondent's Qualification Statement must meet or exceed the professional, administrative
and financial qualifications set forth in this Section 3 and shall incorporate the information requested below.
In addition to the information described below. Respondents are invited to submit supplemental
information that may be useful to the Borough in evaluating the Qualification Statement. This information
may include, for example, a firm profile or brochure. Respondents are encouraged to be clear, factual, and
concise in their presentation of information.
3.2
Administrative Information Requirements.
The Respondent shall, as part of its Qualification Statement, provide the following documentation
and information:
1.
An executive summary (not to exceed two (2) pages) of the information contained in all
the other parts of the Qualification Statement.
2.
An executed Letter of Intent (See Exhibit A).
3.
4.
Name, address and telephone number of the individual or firm submitting the
Qualification Statement and the name of the key contact person.
A statement that the Respondent has complied with all applicable affirmative action (or
similar) requirements with respect to its business activities (e.g., N.J.S.A. 10:5-31 et seq. and N.J.A.C.
17:27 as amended) and evidence of such compliance. (See Exhibit B)
5.
The number of years Respondent has been in practice.
Page 7 of 32
Borough of Kinnelon
Request for Qualifications
2025 Professinnd Services
6.
Any judgments within the last three years in which Respondent has been adjudicated liable
for professional malpractice. If any, please provide the docket numbers.
7.
Whether Respondent or its firm is now or has been involved in any bankruptcy or re-
organization proceedings in the last ten years. If so, please provide the docket
numbers.
8.
A statement that principals have no immediate relatives who are Borough employees or
elected officials.
Professional Information Requirements.
3.3
1.
Respondent shall submit a description of its overall experience in providing the same or similar
Services. At a minimum, the following information should be included as appropriate:
2.
a.
Description and scope of Respondent's work experience.
b.
Three business references, including contact information.
с.
Explanation of perceived relevance of Respondent's experience to the RFQ.
Describe those portions of the Respondent's services, if any, that are sub-contracted. Identify
all subcontractors the Respondent anticipates using in connection with the Services.
3.
Resumes of key employees who will be assigned to provide the Services.
3.4 Services Fees.
1.
Refer to Scope of Services.
2.
Respondents should take careful note of the following:
a.
Respondent shall be reimbursed for out-of-pocket expenses that shall include, but not
be limited to:
b.
(i)
(ii)
(iii)
(iv)
Faxes and conference calls;
Payment of filing, application fees, review fees and similar charges;
Outside printing, reproduction, binding, collating, graphic services;
Messenger service and overnight mail.
Charges incurred under (iii) and (iv) must be pre-approved by the Borough.
Respondent shall send monthly invoices to the Borough detailing the Services
performed.
Page 8 of 32
Borough of Kinncion
Request for Qualifications
2025 Professional Services
с.
The Borough shall require that upon performing Services totaling 70 percent of
the encumbered amount, whether or not all Services have been invoiced to the
Borough, the Respondent shall provide the Borough with an estimate of
additional funds that may be necessary to conclude the matter. Additional funds
must be approved by resolution of the Borough Council. The Borough expects its
professional service providers to maintain time-management control systems to
ensure compliance with this RFQ requirement.
SECTION 4
INSTRUCTIONS TO RESPONDENTS
4.1
Submission of Qualification Statements.
Each interested firm or professional must submit a separate Qualification Statement for each area of
interest to the Designated Contact Person. One qualification statement for multiple services will not be
accepted. Please enclose one (1) original, marked original, and two (2) copies (each marked copy) of the
proposal being submitted for each professional service of interest:
Borough of Kinnelon
130 Kinnelon Road
Kinnelon, NJ 07405
Attn: Karen Iuele, Municipal Clerk
To be responsive, Qualification Statements must provide all requested information, and must be in
strict conformance with the instructions set forth herein:
1.
2.
3.
4.
Qualification Statements must be received by the Borough no later than the Due Date and must
be mailed or hand delivered. Qualification Statements forwarded by facsimile or email will not
be considered. Qualification statements received after the designated time on the Due Date
will be returned, unopened, to the sender. The Respondent is solely responsible for delays in
delivery.
Qualification Statements and all Forms (Exhibits A through J) and other related information
must be stapled or bound and signed by the Respondent. If Respondent is other than a natural
person, the Qualification Statement must be signed by an individual with power to bind the
Respondent.
The name of the Respondent and the position or contract for which the submission is being
made must be printed on the outside of the package containing Respondent's submission. The
Borough will, in its sole discretion, determine whether to qualify more than one Respondent
for the Services.
Respondents are reminded that the forms attached to this RFQ must be completed and
Page 9 of 32
Borough of Kinnelon
Request for QualificationS
2025 Professional Services
4.2
submitted with their Qualifications Statements. See also, Exhibit C for a list of documents that
must be submitted with the proposal and those that that successful Respondents must present
to the Borough prior to the Borough's executing a contract for services with the Respondent.
Legislation Compliance
Respondents are to submit a Certification of Political Contribution pursuant to N.J.S.A. 19:44A-20.4
et seq. with their proposals. A Certification form is provided as Exhibit G.
SECTION 5
EVALUATION
The Borough's objective in soliciting Qualification Statements is to enable it to select a firm, individual,
or organization that will provide high quality and cost-effective services to the taxpayers of the Borough. The
Borough will consider Qualification Statements only from firms, individuals, or organizations that, in the
Borough's judgment, have demonstrated the capability and willingness to provide high quality services to the
taxpayers of the Borough in the manner described in this RFQ. The Borough will consider all relevant factors.
including, but not limited to:
1.
2.
3
4.
5.
Qualifications of firm, specifically as they relate to this Project.
Related project experience of the firm(s) and the individuals who would be assigned to
the Project.
Familiarity with the Borough.
Available resources to complete project. This criterion would include the analytical,
design tools, personnel, resources or methodologies commonly used by the firm that may be
applicable to the project categories.
Other factors determined to be in the best interest of the Borough.
Page 10 of 32
Borough of Kianelon
Kegriest for Qualification
2025 Professional Services
Exhibit A
LETTER OF INTENT
(To be prepared on Respondent's Letterhead. No modifications may be made to this letter)
Borough of Kinnelon
130 Kinnelon Road
Kinnelon NJ 07405
Karen Iuele, Municipal Clerk
Date:
Dear Ms. Iuele:
Re: Letter of Intent
The undersigned, as Proposer, has (have) submitted the attached Proposal in response to a Request for
Proposals Qualifications (RFP\RFQ) for
(service), issued by the Borough of
Kinnelon dated October 23, 2025 in connection with the "Scope of Services". The undersigned hereby states:
1. The Proposal contains accurate, factual and complete information to the best of our knowledge and belief. The
Proposal is submitted in good faith. I/we understand that any false statement may result in my/our
disqualification.
2. Proposer agrees to participate in good faith in the procurement process described in the RFP and to adhere to the
Borough's procurement schedule.
3. Proposer acknowledges that all costs incurred by it (them) in connection with the preparation and submission of
the Proposal, amendments thereto, and any other documents prepared and submitted in response to the RFP, or
any negotiation which results therefrom shall be borne exclusively by the Proposer
4. Proposer hereby declares that the only persons anticipated by Proposer to perform the professional services for
which this Proposal is submitted are named herein and that no person other than those herein named participated
in this Proposal or will participate in any contract to be entered into between Proposer and the Borough. Proposer
declares that this Proposal is made without connection with any other person, firm or parties who has submitted
a Proposal, except as expressly set forth below, and that it has been prepared and submitted in good faith and
without collusion or fraud.
5. Proposer acknowledges and agrees that the Borough may modify, amend, suspend and/or terminate the
procurement process (in its sole judgment).
6. Proposer acknowledges that if it becomes the Successful Proposer and is awarded a contract to provide the
Services, it shall comply with all applicable affirmative action and equal employment opportunity laws
Signed:
Printed:
Title:
*If a joint venture, partnership or organization other than a natural person is submitting a Proposal, this Letter of
Qualification must be signed by an individual with the authority to bind the organization.
Page 11 of 32
Borough of Kinnelan
Request for Qualificaturus
2025 Professional Services
Exhibit B
EXHIBIT A - MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE PER
N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27-1.1 et seq.
GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any employee or
applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional
or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to
affectional or sexual orientation and gender identity or expression, the contractor will take affirmative action
to ensure that such applicants are recruited and employed, and that employees are treated during employment,
without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual
orientation, gender identity or expression, disability, nationality or sex. Such action shall include, but not be
limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this
nondiscrimination clause.
The contractor or subcontractor, where applicable will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration
for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional
or sexual orientation, gender identity or expression, disability, nationality or sex.
The contractor or subcontractor, where applicable, will send to each labor union or representative or
workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the agency contracting officer advising the labor union or workers' representative of the
contractor's commitments under this act and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the
Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the
Americans with Disabilities Act.
The contractor or subcontractor agrees to make good faith efforts to employ minority and women
workers consistent with the applicable county employment goals established in accordance with N.J.A.C.
17:27-5.2, or a binding determination of the applicable county employment goals determined by the Division,
pursuant to N.J.A.C. 17:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies
including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions,
that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, affectional
or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will
Page 12 of 32
Borough of Kinnelon
Request for Qualifications
2025 Professional Senvien
discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that
all personnel testing conforms with the principles of job-related testing, as established by the statutes and court
decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court
decisions.
Exhibit B. Continued
In conforming with the applicable employment goals, the contractor or subcontractor agrees to review
all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken
without regard to age, creed, color, national origin, ancestry, marital status, affectional or sexual orientation,
gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of
the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior to execution of a
goods and services contract, one of the following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302
The contractor and its subcontractors shall furnish such reports or other documents to the Div. of Contract
Compliance & EEO as may be requested by the office from time to time in order to carry out the purposes of
these regulations, and public agencies shall furnish such information as may be requested by the Div. of
Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the
Administrative Code at N.J.A.C. 17:27-1.1 et seq.
Page 13 of 32
Borough of Kinnelon
Request The Quidification
2025 Professional ServIUOS
Exhibit C
CHECKLIST FOR ITEMS TO BE SUBMITTED WITH QUALIFICATIONS STATEMENT
FAILURE TO SUBMIT ANY OF THESE ITEMS IS MANDATORY CAUSE
FOR REJECTION OF RFP\RFQ
1
2
3
4
5
6
7
8
Letter of Intent (Ex. A)
Affirmative Action Letter, Certificate or Employee Information
Report AA-302 (Ex. B) (Submit Copy of State Certificate of
Employee Information Report Prior to
Contract Award)
Disclosure Statement (Ex. D)
Non-Collusion Affidavit (Ex. Ε)
Certification of Political Contributions (Ex. G)
Proposal Form (Ex. H)
Acknowledgement of Receipt of Addenda (Ex. I)
Disclosure of Investment Activities in Iran (Ex. J)
DOCUMENTS REQUIRED PRIOR TO CONTRACT EXECUTION
1
2
READ ONLY
1
Read,
Acknowledged,
Signed & Submitted
Respondent's Initial
Business Registration Certificate (BRC) from the State of New Jersey
Department of Treasury, Division of Revenue) (N.J.S.A. 52:32-44)
(SUBMISSION OF CERTIFICATE WITH RESPONSE
PREFERRED)
Certificate of Insurance Evidencing Comprehensive Liability,
Property/Casualty ($2 million aggregate/$1 million per occurrence) (or
less if Umbrella coverage is present): Workers Compensation
(statutory limits); and Professional Malpractice (if applicable) ($2
million aggregate/$1 million per occurrence) naming Borough as
additional insured.
Americans With Disability Act of 1990 Language (Ex. F)
Signature: The undersigned hereby acknowledges that he/she has submitted the required
documents with the Qualifications Statement and will submit the remaining required
documents prior to execution of a contract with the Borough.
Name of Respondent/ Firm:
Print Name and Title:
Signature:
Date:
Page 14 of 32
Korough of Kinncion
Request for Qiralifications
2025 Penfessumbal Services
EXHIBIT D
STATEMENT OF OWNERSHIP DISCLOSURE
N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, с.43)
This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the
required information is cause for automatic rejection of the bid or proposal.
Name of Organization:
Organization Address:
Part I - Check the box that represents the type of business organization:
Sole Proprietorship (skip Parts II and III, execute certification in Part IV)
Non-Profit Corporation (skip Parts II and III, execute certification in Part IV)
For-Profit Corporation (any type)
Limited Liability Company (LLC)
Partnership
Limited Partnership
Limited Liability Partnership (LLP)
Other (be specific):
Part II
The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more if its stock,
of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the
limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW
IN THIS SECTION)
OR
No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the
partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater
interest therein, as the case may be. (SKIP TO PART IV)
(Please attach additional sheets if more space is needed):
Name of Individual or Business Entity
Business Address
Page 15 of 32
Bornagy of Kinneton
Request for Qualifications
2025 Professional Services
Part III - DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC
MEMBERS LISTED IN PART II
If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater
beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC)
or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s)
with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person
holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s)
that contain the information on each such person. Attach additional sheets if more space is needed.
Website (URL) containing the last annual SEC (or foreign equivalent) filing
Page #'s
Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any
corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded
parent entities referenced above. The disclosure shall be continued until names and addresses of every non-corporate stockholder,
and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been
listed. Attach additional sheets if more space is needed.
Stockholder/Partner/Member and Corresponding
Entity Listed in Part II
Home Address (for Individuals) or Business Address
Part IV - Certification
I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto
to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this
certification on behalf of the bidder/proposer; that the Borough of Kinnelon is relying on the information
contained herein and that I am under a continuing obligation from the date of this certification through the
completion of any contracts with Borough of Kinnelon to notify the Borough of Kinnelon in writing of any
changes to the information contained herein; that I am aware that it is a criminal offense to make a false
statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under
the law and that it will constitute a material breach of my agreement(s) with the, permitting the Borough of
Kinnelon to declare any contract(s) resulting from this certification void and unenforceable.
Full Name (Print):
Signature:
Page 16 of 32
Burongly of Kennelon
Request for Qualificatinus
2025 Piofessional Services
Title:
Date:
1,
In the County of
law on my oath depose and say that:
I
am
Exhibit E
NON-COLLUSION AFFIDAVIT
of the City of
and the State of
of full age, being duly sworn according to
of the
firm
of
the Proposer herein, and I executed the Proposer with
full authority to do so; that the Proposer has not directly or indirectly, entered into any agreement, participated in any co llusion, or
otherwise taken any action in restraint of free, competitive proposing in connection with the above-named Vendor, and that all
statements contained in the Proposal and in this affidavit are true and correct, and made with full knowledge that the Borough of
Kinnelon relies upon the truth of the statements contained in the Proposal and the statement in this affidavit in awarding the contract.
I further warrant that no person or selling agency has been employed or retained to solicit or secure a contract upon an
agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide
established commercial or selling agencies maintained by
(Name of Vendor)
Signature
Print or Type Name and Title
Page 17 of 32
Borough of Kinnelon
Request for Qualifications
2425 Professional Servi
Exhibit F
AMERICANS WITH DISABLITIES ACT OF 1990
EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABLITY
The RESPONDENT and the BOROUGH OF KINNELON (herein referred
--- Document: Kinnelon PBA Local #341 Contract ---
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
BOROUGH OF KINNELON
MORRIS COUNTY, NEW JERSEY
AND
KINNELON PBA LOCAL #341
(Patrolman and Sergeants)
JANUARY 1, 2024 THROUGH DECEMBER 31, 2028
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ARTICLE I
RECOGNITION
The Borough of Kinnelon (hereinafter referred to as the "Borough", the "Employer" or
"Management")) agrees to continue to recognize and deal with Kinnelon PBA Local #341
(hereinafter, also "the Association") through its respective designated Officers as the exclusive
representative of all Patrol Officers and Sergeants in the Borough of Kinnelon (also referred to as
"Employee"), excluding any Chief, Captain, Lieutenant, Special School Guards, Special Officers,
Dispatchers, blue-collar employees, clerical employees and managerial, executive and confidential
employees. It is intended that this collective bargaining agreement shall cover all matters
pertaining to employment. wages, hours, and working conditions concerning the Association.
ARTICLE II
MANAGEMENT RIGHTS
Section 1.
It is understood and agreed that the Employer retains and reserves the sole and exclusive
right to conduct the business of the Borough and to manage and direct the affairs of the Police
Department, and to fulfill its lawful obligations.
Section 2.
The Borough of Kinnelon hereby retains and reserves unto itself, without limitation,
all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior
to the signing of this Agreement by the laws and Constitution of the State of New Jersey and of
the United States, including, but without limiting the generality of the foregoing, the following
rights:
A. To the executive management and administrative control of the Borough Government
its properties and facilities and the activities of its employees; and
B. To hire all employees and subject to the provisions of law, to determine
their qualifications and conditions for continued employment or assignment and to
promote, layoff and transfer employees.
C.
To suspend, demote, discharge, or take other disciplinary action for good and just
cause according to law.
The exercise of the foregoing powers, rights, authority, duties, and responsibilities of the
Borough, the adoption of policies, rules and regulations, and practices in furtherance thereof, and
the use of judgment and discretion in connection therewith shall be limited only by the
specific and express terms of this Agreement, and then only to the extent such specific and
express terms hereof are in conformance with the Constitution and Laws of New Jersey and of the
United States. Nothing contained herein shall be construed to deny or restrict the Borough of its
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powers, rights, authority, duties and responsibilities under Title 40 or 40A and/or any other
national, state, county, or local laws or ordinances.
ARTICLE III
PROBATIONARY PERIOD
A. Probationary Employees: Every new Employee shall complete a probationary period of one
(1) year. At the conclusion of the probationary period, the Employee will either be appointed to
permanent status or be deemed unsatisfactory by the Chief of Police and separated from
employment with the Borough. All cases will be reviewed by the Mayor and Council. During
the aforementioned probationary period and at the conclusion of the probationary period,
such an Employee may be terminated without recourse, and without cause and the Employee's
termination from employment shall not be grievable and shall not be considered under the
grievance and arbitration procedure.
B. Permanent Employees: Employees who have successfully completed a probationary period
and have been appointed by the Mayor and Borough Council.
ARTICLE IV
DUES DEDUCTIONS
The Employer agrees to recognize the Association's exclusive right to a dues checkoff
system within the unit of Employees covered by this Agreement. The Association will supply the
certified amount of deduction to be made by the Employer.
It is specifically agreed that the Borough assumes no obligation, financial or otherwise,
arising out of the provisions of this Article, and the Association hereby agrees that it will
indemnify, and hold the Borough harmless from any claims, actions or proceedings by an
Employee arising from dues deductions by the Borough hereunder. Once the funds are remitted to
the Association, their disposition thereafter shall be the sole and exclusive obligation and
responsibility of the Association.
ARTICLE V
NO STRIKE - NO LOCKOUT
Section 1.
The Association covenants and agrees that neither the Association nor any person acting
in its behalf will cause, authorize, or support, nor will any of its members take part in any
strike (i.e., the concerted failure to report for duty, or willful absence of any employee from
his/her position, or stoppage of work or abstinence in whole or in part, from the full,
faithful and proper performance of the employee's duties of employment), work
stoppage, slowdown, walkout, or other job action against the Borough. The Association
agrees that such action would constitute a material breach of this Agreement.
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Section 2.
No Employee shall engage in any strike, sit-down, slow-down, sit-in, cessation or stoppage or
interruption of work, boycott or other interference with the operations of the Borough. In the event
of a strike, slowdown, walkout, sit-down or cessation or stoppage or interruption of work, boycott,
or other interference with the operations of the Borough or other deliberate interference with
normal work procedures, it is covenanted and agreed that participation in any such activity by an
employee covered under the terms of this Agreement shall be deemed grounds for
termination of employment of such employee or employees.
Section 3.
The Association will actively discourage and will take whatever affirmative steps are necessary
to prevent or terminate any strike, work stoppage, slowdown, walkout, or other job action against
the Borough.
Nothing contained in this Agreement shall be construed to limit or restrict the Borough in its right
to seek and obtain such judicial relief as it may be entitled to have in law or in equity for
injunction or damages, or both, in the event of such breach by the Association or its members.
ARTICLE VI
DISCRIMINATION
There shall be no discrimination, interference or coercion by the Employer or any of its
agents against the Employees represented by the Association because of membership or activity
in the Association; the Association or any of its agents shall not intimidate or coerce Employees
into membership. Neither the Employer nor the Association shall discriminate against any
Employee because of race, creed. color. age, sex, national origin or any other protected
classification as set forth in Chapter 3.02 of the Borough's Personnel Policy Manual.
ARTICLE VII
COLLEGE DEGREE
College incentive has been deleted and added to base pay. Incentive cannot be renegotiated
for future contracts.
ARTICLE VIII
LONGEVITY
Longevity has been deleted and added to base pay, Incentive cannot be renegotiated for
future contracts.
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ARTICLE IX
HOLIDAYS
A. Employees who are required to work on a designated Borough holiday, or only part
thereof, will be compensated at their regular rate of pay for all hours worked on said holiday. The
Employee shall also receive compensatory time off for the actual number of hours worked on
said holiday (subject to the requirements of the Fair Labor Standards Act and the
regulations adopted thereunder), provided that said Employee makes arrangements for
another employee to cover his/her shift and furthermore subject to the approval of the Chief
of Police.
B. Employees will no longer be eligible for Holiday Pay in excess of their regular rate of
pay for all hours worked. The incentive is deleted and cannot be renegotiated for future contracts.
C.
The Designated Holidays are:
New Year's Day
Election Day
Martin Luther King Day
President's Day
Veterans Day
Good Friday (Half Day)
Christmas Eve (Half Day)
Memorial Day
Fourth of July
Labor Day
Christmas Day
Thanksgiving Day
Day-after Thanksgiving
Columbus Day
follows:
ARTICLE X
VACATION
A. All employees covered under this Agreement shall receive vacation cligibility as
After 6 months, to 12 months:
40 Hours Per Year
From the 1st day of the 13th month
To 60 complete months:
80 Hours Per Year
From the 1st day of the 61st month
To 120 complete months:
120 Hours Per Year
From the 1st day of the 121st month
To 240 complete months:
160 Hours Per Year
Upon the 1st day of the 241st month:
200 Hours Per Year
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B.
A Probationary Employee will be receive 40 hours vacation time upon the completion of
six (6) months of their probationary period, with an additional 40 hours vacation being credited
at the time of permanent appointment.
C. Vacations are to be in effect from January 1 to December 31 and are granted on a calendar year
basis for employees who remain on the payroll continuously and without interruption for the
requisite number of years.
D. An employee can sell back to the Borough vacation leave each year. Recognizing that N.J.S.A.
40A:9-10.3 imposes limits for the accrual of vacation leave to the current and succeeding year,
and that some current employees exceed that limit, it is agreed that the individual balances in
vacation leave accounts will be reduced to the maximum under the law by December 31, 2028.
Ε.
Vacations must be taken during the current calendar year, at such times as permitted or
directed by the Chief of Police, unless the Chief determines it may not be taken due to work
constraints. In the event the employee desires an extended vacation beyond eighty-four (84) hours
in duration, sixty (60) days prior notice to the Chief of Police shall be required, which may be
waived by the Chief for sufficient cause. Vacation leave days carryover shall be in accordance
with N.J.S.A. 40A:9-10.3.
ARTICLE XI
SICK LEAVE
Section 1.
Sick leave is the absence of any Employee from work because of illness. accident, exposure to a
federally declared contagious disease or attendance, for a short period of time, upon a member of
the Employee's immediate family, who is seriously ill and requires care or attendance of such
Employee. Acceptable medical documentation from a treating physician may be required by the
Borough after the Employee's use of sick leave for a minimum of three (3) consecutive work-
days, as sufficient proof for the need of sick leave of the Employee, or the need of the
Employee's attendance of said member of his/her immediate family. In the case of exposure to a
contagious disease, the Employee shall alert the Chief of Police immediately, and apprise
him/her of any period of isolation required by the Health Department Authority.
Section 2.
After the first year of employment, all full time employees shall be entitled to one hundred twenty
(120) hours of sick leave per year, with unused sick leave accumulating each year of service.
Probationary Officers will receive 60 hours of sick leave after their first six months of employment.
Paid Time Off (PTO) Program
Effective December 31, 2023, the Paid Time Off (PTO) Program shall terminate.
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Section 3.
Effective July 1, 2024 the Borough shall provide the opportunity for full time employees covered
under this agreement to enroll in a short term disability policy, paid by the employee, which shall
pay to the employee sixty (60) percent of their gross salary. The Borough will continue to issue a
payroll check to the employee while receiving short term disability payments, which will cover
the employee's pension payments and health care payments with the balance being retained by the
Borough. The employee will reimburse the Borough for any outstanding PFRS loan payment,
garnish, or other mandatory deduction. The disability policy will take effect sixty (60) days from
the date of illness and shall be for one year. Sick leave shall not be deducted from the employee's
account while covered by short term disability.
Section 4.
Absences without notice for five (5) consecutive work days shall constitute a resignation,
unless for good cause shown, such as inability to notify, due to unusual circumstances.
Section 5.
Reporting of Absence of Sick Leave:
1.
If an employce is absent for reasons that entitle him/her to sick leave, the Chief of Police
or his/her designee shall be notified prior to the employee's start of duty time.
2.
Failure to so notify the Chief of Police or his/her designee may be cause of denial of the
use of sick leave for that absence.
Section 6.
If an officer is exposed to a contagious disease, he shall report the exposure immediately
to the Police Chief. After consultation with the Borough's Health Officer, if it is determined that
the officer should isolate for a period of time, the officer shall not be charged any accumulated
time for the time off period as determined by the Health Officer. Should the Officer become ill.
sick time shall be used from the first day of the illness. In the event that the exposure is a result of
a work-related incident, applicable worker's compensation rules shall apply.
If an Officer is required to take time off for more than 3 working days to attend a family member
who has been exposed to a contagious disease, then that Officer may use sick, compensatory time,
personal time or vacation time to account for the additional required time off
Section 7.
PAYMENT FOR SICK TIME UPON RETIREMENT
Payment for sick time shall be paid in accordance with NJSA 40A:9-10.4 or any other
amendment to the State Statute.
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A.
Employees hired before January 1. 2011 are not subject to a limitation on sick leave payout
upon retirement. The provision in the contract in effect in 2010 provided for the payment of fifty
(50) percent of accumulated sick leave. Appendix A lists those employees who were employed at
that time. Appendix A also lists payments made to these employees through the prior Paid Time
Off (PTO) program for siek time, which shall be deducted from the final amount due upon
retirement. In the event the Public Employees Relations Commission (PERC), Administrative
Law or the Appellant Division determines that sick leave is further limited by the statute, that
ruling will be used in determining this payout
B.
Employees hired after January 1. 2011 shall receive no more than $15.000 for unused sick
leave based on fifty pereem (50%) of the accumulated sick time. Appendix A lists payments made
to employees under the prior Paid Time Off (PTO) program for sick time, which shall be deducted
from the final amount due upon retirement.
Section 8.
Verification of Sick Leave:
Notwithstanding anything to the contrary, the Borough may require proof of illness of an
employee on sick leave at any time an absence is in question. The Borough may require an
employee who has been absent because of personal illness, as a condition of their return to
duty, to be examined at the expense of the Borough by a physician of the Borough's
choice. Such examination shall establish whether the employee is capable of performing
his/her normal duties and, among other things, that said Employee's return will not jeopardize the
health of the Employee or of the other Employees.
ARTICLE XII
PHYSICAL EXAMINATION
A. The Borough recommends and encourages each employee to undertake a physical
examination to be performed by a physician of the employee's choice, at a minimum of every
other calendar year.
ARTICLE XIII
ANNIVERSARY DATE
A. Any required step movement shall take place on the employee's Anniversary Date (also
referred to as the "hire date"). The Anniversary Date of employment shall be used for all
calculations, including but not limited to include vacation, retirement and sick leave.
However, contractual increases within this agreement, and as set forth on the enclosed
Wage/Compensation calculation chart, shall take place on January 1 of each calendar year.
8
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ARTICLE XIV
CLOTHING ALLOWANCE
A. In addition to compensation and benefits listed heretofore, all employees covered under
this Agreement will be eligible for reimbursement of a sum of equal to $1,200.00 per year, for
the purpose of replacing or repairing uniforms. Additionally, the clothing allowance can be
utilized to acquire police-oriented equipment. Equipment includes, but is not limited to, any
item used during the discharge of the Officer's duties. Off-duty equipment can be purchased
if said gear has the ability and functionality to be used on duty. Items purchased will be
commensurate with the individual Officer's position and title.
B. Accidental, duty related damage to high-cost clothing items and mandatory
equipment may be replaced by the Borough, upon written request to the Public Safety
Committee, subject to their review and approval.
C. Any clothing or gear item purchased by the individual officer shall be reimbursed at
the officer's request, upon approval of the Chief of Police and completion of a Borough voucher.
The Purchase Order voucher system remains in effect and may be utilized at the discretion of the
Officer.
ARTICLE XV
HEALTH BENEFITS
A. The Borough shall continue to provide the current health insurance subject to
contributions mandated by State law.
B. The Borough reserves the right to change the insurance carrier so long as the
benefits are equal to or better than the current benefits as described in Schedule A. For this
purpose, the benefits shall be under the New Jersey Municipal Employee Benefit Fund,
including the $25,000.00 Health Care Reimbursement Fund. The Borough agrees not to
implement any change in the insurance carrier without first giving a ninety (90) day notice
to the Association.
C. All employees covered under this agreement who wear prescription eyeglasses or
contact lenses shall receive reimbursement of up to $100.00 per calendar year for the
purposes of acquiring, replacing or repairing eyeglasses or contact lenses upon submission
of receipt of purchase.
D. Dental Plan
1. Bargaining unit members shall be eligible for dental coverage with Delta Dental of NJ,
utilizing the Premier/Advantage/PPO Networks, in accordance with the attached Schedule of
Benefits (Attachment B). The Borough shall pay 75% of the cost of the premium for the
spouse or other dependents of the employee, should the employee request said coverage;
the employee shall pay the remaining 25% of spouse/dependent coverage.
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ARTICLE XVI
LEGAL DEFENSE
The Borough shall provide legal defense to any police officer who is a defendant in any
action arising out of or incidental to the performance of his/her duties in accordance with the
provisions of N.J.S.A. 40A: 14-155.
ARTICLE XVII
OFF-DUTY POLICE SERVICES
All requests for voluntary off-duty services by organizations, persons, or corporations shall
be made to the Borough, and all payments for such services shall be made to the Borough. The
rate of compensation for said services to each officer so deployed shall be the normal
overtime rate for the officer. In addition to any normal overtime as set forth above, the
balance billed will include an amount to cover Borough's administration costs, and
the appropriate Borough contributions, which amount shall be set by the governing body
of the Borough, but in no event shall said amount be less than $5.00 per hour. The
Borough retains the right to waive the collection of these administrative costs.
ARTICLE XVIII
PERSONAL DAYS
Each full-time employee covered under this agreement shall receive twenty-four (24) hours
of personal time per year to be taken for any reason whatsoever, subject to the prior approval of
the Chief of Police. Personal time is non-cumulative and will not carry-over into the next
year. The employee has the option to be paid for these hours if the hours are not used by the
end of the calendar year in which they were awarded. The current bank of personal hours
shall be drawn down by December 31, 2028.
ARTICLE XIX
GRIEVANCE PROCEDURE
For the purpose of this agreement, a grievance shall be defined as a claim by an
employee based upon the interpretation, application, or violation of this Agreement, so
as to result in an expeditious and mutually satisfactory settlement of the claim between the
Association and the Borough. The following grievance procedure shall be followed:
Step 1: An officer with a grievance shall first present it in writing to the Chief of
Police and thereafter discuss it with him either directly or through the Kinnelon P.B.A.
Local #341 designated representative for resolving the matter informally. Said meeting
shall not be public unless the parties so agree in writing. The Chief of Police shall
render a final written decision within five (5) days of the date of the meeting.
Step 2: If the aggrieved party is not satisfied with the disposition of the grievance at
Step 1 If no written decision has been rendered within five (5) days after the
presentation of that grievance at Step 1, the matter may be referred by the Kinnelon
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P.BA. Local #341, through its designated representative to the Public Safety
Committee. A meeting on the grievance shall be held between the Kinnelon P.B.A.
Local #341 and the Public Safety Committee at which Hearing the parties may be
represented. Said meeting shall not be in public unless the parties so agree in writing.
The Public Safety Committee shall render a final written decision within seven (7)
days of the date of the meeting.
Step 3: If the aggrieved party is not satisfied with the disposition of the grievance at Step
2, or if no written decision has been rendered within seven (7) days after the
presentation of that grievance at Step 2, the matter may be referred by the Kinnelon
P.B.A. Local #341, through its designated representative to the Governing Body. A
meeting on the grievance shall be held between the Kinnelon P.B.A. Local #341 and the
Governing Body, at which meeting the parties may be represented. Said meeting shall
not be in public unless the parties so agree in writing. The Governing Body shall render
a final written decision within seven (7) days of the date of the meeting.
Step 4: If the officer remains aggrieved after the completion of these procedures, then
only the Kinnelon PBA Local #341 may, within 30 days of receipt of the written
decision of the Governing Body or if no written decision has been rendered by the
Governing Body within seven (7) days of the meeting, submit the grievance to
arbitration. The arbitrator shall he secured by the parties under the rules of the Public
Employment Relations Commission. The decision of the arbitrator shall be final and
binding on the parties, with costs of the arbitrator to be borne equally by the parties. All
other expenses shall be borne by the parties themselves.
The arbitrator shall have jurisdiction only over the dispute arising out of the grievance as
defined under this Article. The arbitrator shall not have the authority to add to, subtract from
or modify this collective bargaining agreement in any way.
If the appeal to arbitration is not taken within the aforementioned time period, the
decision rendered in Step 3 shall be deemed final and binding. The time limit specified
in the Grievance Procedure shall be construed as a maximum. However, these may
be extended upon mutual agreement between the parties. A grievance must be
presented at Step I within 15 days from the date of occurrence of the facts which
gave rise to the grievance. If it is not presented within the aforementioned time
period, it shall not be thereafter considered a grievance under this Agreement.
Any employee may be represented at all stages of the Grievance Procedure by
himself or, at his/her option, by a representative selected or approved by the Kinnelon
P.B.A. Local #341. When an employee is not represented by the Kinnelon P.B.A. #341,
the Kinnelon P.B.A. Local #341 shall have the right to be present and state its views
at all stages of the Grievance Procedure.
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ARTICLE XX
BEREAVEMENT LEAVE
A. In the event an employee sustains a death in his immediate family, he shall be provided
with five (5) working days leave from the date of death at no loss in pay. "Immediate family"
shall be defined as parents, parents-in-law, spouse, children, brother, sister, or any member
of the immediate household. The occurrence of a death for which bereavement time is
granted herein during the employee's regularly scheduled vacation time shall not result in
the loss of the benefit provided to the employee in this section.
B. In the event of the death of a relative not included above, the employee shall be given
one (1) day off without loss in pay unless said employee is on vacation and does not return
for the period of time from the date of death to the day of the funeral of said relative.
C. The Borough reserves the right to request a death certificate and proof of any family
relationship.
ARTICLE XXI
FULLY BARGAINED PROVISIONS
This Agreement represents and incorporates the complete and final
understanding and settlement by the parties on all bargainable issues which were or
could have been the subject of negotiations. During the term of this Agreement, neither
party will be required to negotiate with respect to any such matter, whether or not
covered by this Agreement, and whether or not within the knowledge or contemplation
of either or both of the parties at the time they negotiated or signed this Agreement.
ARTICLE XXII
COMPENSATORY TIME
PURCHASE OF TIME
Each employee working a patrol shift shall be credited with 108 "Kelly" hours on January 1 of
each year. Probationary employees shall be credited with hours as they are earned. Should an
officer no longer regularly work a patrol shift due to a change in duties, illness, work related
accident etc the appropriate number of hours not earned shall be deducted from this credit. In the
event that the officer no longer has compensatory time, the time shall be deducted from vacation
or personal time (not sick time.) Each employee can accumulate up to 480 hours of
Kelly/Compensatory time.
The employee will have the opportunity to sell vacation, personal and Kelly/Compensatory time
twice each year, which in total amount of all three aforementioned cannot exceed a maximum of
300 hours per calendar year. The employee shall notify the Chief of Police and Chief Financial
Officer by May 15 or November 15 of each year of their desire to purchase time, which will be
paid in June or December. Payment shall be made with the first payroll in June and in December.
12
RF
ARTICLE XXIII
REPEAL
All ordinances, resolutions, agreements, rules and regulations and/or parts thereof
inconsistent with this Agreement are hereby repealed upon execution of this document by
the Governing Body and the members of the "Association".
ARTICLE XXIV
GENERAL AND MISCELLANEOUS
A. The Borough shall maintain its insurance policy of false arrest insurance.
B. Any employees who are required to use their motor vehicles in the line of duty will
be reimbursed at the prevailing rate established, from time to time by the Borough,
provided use of the vehicle was authorized by the Chief of Police.
C. Each employee shall be provided with a one-half (1/2) hour paid meal period during
their regular eight (8) hour tour of duty, subject to emergencies.
D. Each full-time employee covered under this agreement shall have the right to join
and support recognized and bona fide law enforcement organizations such as the
Police Benevolent Association, and the Traffic Officers Association.
ARTICLE XXV
SAVINGS CLAUSE
In the event of any Federal or State legislation, governmental regulation, or
court decision causing invalidation of any Article or Section of this Agreement, all other Articles
and Sections not so invalidated shall remain in full force and effect and the parties shall
renegotiate concerning any such invalid provision.
ARTICLE XXVI
SENIORITY
A. For purposes of lay-off, recall from lay-off and vacation selection, seniority shall
govern:
1. First by Seniority in rank;
2. And then by Seniority in Department.
B. In the event of lay-off, strict seniority within the rank affected by the lay-off shall be
followed. The least senior employee in the rank shall be permitted to bump into the
next lower rank and lower salary, and said bumping process shall continue until the
least senior employee of the department shall first be laid-off. Recall from lay-off
shall be in the inverse order of lay-off.
13
RF
C. During lay-off of regular police officers, the Borough shall not hire additional
employees without first recalling a laid-off officer back to work, nor shall any such
work be contracted out. Nevertheless, the Borough shall he permitted to utilize
Special Police Officer(s), provided that the regular police officer who would
otherwise be utilized hereunder is given a first opportunity to render such services.
ARTICLE XXVII
RULES AND REGULATIONS
Rules and Regulations, as adopted by the Borough and as further amended from
time to time, shall remain in force and effect except where inconsistent with the terms
of this Agreement, and shall be incorporated herein as part of this Agreement as if set forth at
length.
ARTICLE XXVIII
CONVENTION LEAVE
Leave of absence with pay shall be given to duly authorized representatives of the
Association to attend any State or National Convention of that organization, provided,
however, that no more than ten percent (10%) of the bargaining unit shall be permitted
such leave of absence with pay, and no less than two (2) and no more than ten (10)
authorized representatives shall be entitled to such leave. This paid leave of absence shall
be for a period inclusive of the duration of the convention with a reasonable time allowed
for travel to and from the convention, provided that such leave shall be for no more than
seven (7) days. Certification of attendance at the convention shall, upon request, be submitted
to the Borough by the representatives so attending.
ARTICLE XXIX
RETIREMENT
An employee shall apply to the New Jersey Police and Fire Pension System in
accordance with law.
Upon retirement or any separation, an employee in good standing shall be entitled to be
paid for all unused vacation days, holidays, personal days, and compensatory time. Payment for
sick time shall be in accordance with Article XI of this agreement.
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ARTICLE XXXI
WAGES AND/OR COMPENSATION
The annual wages and/or compensation paid to members of the Police Department employed by
the Borough of Kinnelon on a full-time basis prior to January 1, 2024 shall be set forth below
and which are hereby made a part of this Agreement.
2024 4.2%
2025 4%
2026 4%
2027 3%
0.042
0.04
Probationary
$ 51,193.00 $
0.04
0.03
53,240.72 $ 55,370.35 $ 57,031.46 $ 58,742.40
2028 3%
0.03
Step 2
$ 58,467.00 $
60,805.68 $ 63,237.91 $ 65,135.04 $ 67,089.10
Step 3
$ 65,741.00 $
68,370.64 $ 71,105.47 $ 73,238.63 $ 75,435.79
Step 4
$ 73,015.00 $
75,935.60 $ 78,973.02 $ 81,342.21 $ 83,782.48
Step 5
$ 83,470.00 $
86,808.80 $ 90,281.15 $ 92,989.59 $ 95,779.27
Step 6
$ 90,744.00 $
94,373.76 $ 98,148.71 $ 101,093.17 $ 104,125.97
Step 7
Step 8
Step 9
Step 10
Step 11
Sr. Patrol Off.
Sergeant
$ 98,018.00 $ 101,938.72 $ 106,016.27 $ 109,196.76 $ 112,472.66
$ 105,293.00 $ 109,504.72 $ 113,884.91 $ 117,301.46 $ 120,820.50
$ 111,208.00 $ 115,656.32 $ 120,282.57 $ 123,891.05 $ 127,607.78
$ 117,123.00 $ 121,807.92 $ 126,680.24 $ 130,480.64 $ 134,395.06
$ 123,038.00 $ 127,959.52 $ 133,077.90 $ 137,070.24 $ 141,182.34
$ 137,969.00 $ 143,487.76 $ 149,227.27 $ 153,704.09 $ 158,315.21
$ 149,705.00 $ 155,693.20 $ 161,920.93 $ 166,778.56 $ 171,781.91
Detective Rate $ 5,868.00 $ 6,102.72 $ 6,346.83 $ 6,537.23 $ 6,733.35
Detective rate is calculated at one half the difference between Senior Patrol Officer scale and
Sergeant Scale
Officer David Koval will continue on the pay scale for Officers hired prior to 2019 and in 2026
will achieve Senior Patrol status:
2024$104,751
2025-$118,369
2026$149,227
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Any police officer who resigns or retires in good standing shall be entitled to any retroactive
salary increases later agreed to or awarded in event that the police officer retires or resigns prior
to such agreement or award.
Detective Differential is calculated as one half the difference between the Sergeants salary and
the senior patrolmen's salary. The Detective rate shall be included in base salary for the time the
employee serves in this position only. It is understood that this position is an assignment and not
considered a promotion
Overtime
A. Work Week and Work Day. For the purpose of time-keeping and payroll calculations, the
work week is Sunday through Saturday and the work day, except where otherwise specified. is
the twenty-four (24) hour period commencing with the employee's normal starting time.
B. Overtime shall be paid to all police officers covered by this Agreement when he/she is
required to work for more than one half (1/2) hour after completion of his/her regular tour of
duty, when he/she is required to work on a regularly scheduled day off, to appear in Superior.
County, Municipal or other court, on official business during other than his/her regularly
scheduled duty time. (Guarantee for court time: Municipal Court-1 hour. County and Superior
Court-2 hours at overtime rate), when he/she is required to commence work prior to one-half
(1/2) hour prior to commencement of his/her regular tour of duty.
The Chief of Police shall determine circumstances resulting from shortages in personnel in the
department caused by vacancies, sickness, injury, or taking of accrued vacation. Call in of
officers for overtime shall be made by the Chief or his / her designee.
C. The following shall not constitute overtime for which overtime pay shall be paid: Preparation
of regular tour of duty.
--- Document: AFSCME NJ Council 63 Local Contract ---
BOROUGH OF KINNELON
WITH
AFSCME NEW JERSEY COUNCIL 63, LOCAL 2275A
COLLECTIVE BARGAINING
AGREEMENT
JANUARY 1, 2025 - DECEMBER 31, 2029
AFSCME
New Jersey
Council 63
0
TABLE OF CONTENTS
Preamble
2
Article I
Recognition
3
Article II
Union Security
4
Article III
Management's Rights
6
Article IV
Probation Period
7
Article V
Relationship to Employer's Policies
8
Article VI
Grievance Procedure
9
Article VII
Hours and Overtime
11
Article VIII
Snow Removal
14
Article IX
Holidays
15
Article X
Vacations
16
Article XI
Personal Days
17
Article XII
Bereavement Leave
17
Article XIII
Leaves of Absence
17
Article XIV
Education Reimbursement
19
Article XV
Sick Leave
19
Article XVI
Health Benefits
22
Article XVII
Wages, Minimum Rates and Mileage
24
Article XVIII
Uniforms
25
Article XIX
Seniority
25
Article XX
No-Strike Pledge
25
Article XXI
Work Force Changes
26
Article XXII
Union Meetings
26
Article XXIII
Non-Discrimination
27
Article XXIV
Union Activities
27
Article XXV
Work Rules
28
Article XXVI
Protection and Security for Employees
28
Article XXVII
Worker's Compensation
28
Article XXVIII
Personnel Records
29
Article XXIX
Separability and Savings
29
Article XXX
Fully Bargained Provisions
29
Article XXXI
Alcohol & Drug Testing
30
Article XXXII
Public Works Monthly Meetings
30
Article XXXIII
Term and Renewal
31
Schedule A
Salary Guide
32
1
PREAMBLE
This Agreement entered into and effective as of this 1st day January, 2025 (except for the
adjustment in wages as set forth in Article XVII, which shall be effective as of the dates set forth
therein) by the Borough of Kinnelon, hereinafter referred to as "Employer" or "Borough", and
AFSCME New Jersey Council 63 and its affiliated Local 2275A, American Federation of State,
County and Municipal Employee, AFL-CIO, hereinafter referred to as "Union", has as its purpose
the provision of harmonious relations between the Employer and the Union; the establishment of
an equitable and peaceful procedure for the resolution of differences; and the establishment of
rates of pay, hours or work and other conditions of employment.
2
RECOGNITION
ARTICLE I
The Employer recognizes the Union as the sole and exclusive "Bargaining Unit" for the purpose
of collective bargaining concerning wages, hours and working conditions for all.
Included: All regularly employed non-supervisory blue-collar workers employed by the
Department of Public Works, Borough of Kinnelon.
Excluded:
Managerial executives, confidential employees, supervisors within the meaning of
the Act, craft employees, Police, one working supervisor, and all other employees of the Borough
of Kinnelon.
3
ARTICLE II
UNION SECURITY
1. Check off of Union Dues
A. All employees covered by this Agreement may tender their membership dues to the
Union by voluntarily signing the Authorization for Payroll Deduction of Union Dues
Form provided by the Union.
B. The Employer agrees to deduct dues in the amount certified by the Union.
C. Payroll deduction of Union dues shall become effective in the next full pay period
following receipt of authorization by the Employer.
D. The total of all such deductions, together with a list of employees from whom dues
have been deducted, shall be remitted to the designated Financial Officer of AFSCME
New Jersey Council 63, AFSCME, AFL-CIO, Nottingham Village Square 2653A
Whitehorse-Hamilton Sq. Rd., Hamilton, NJ 08690.
E. Payroll deductions shall be made from each and every payroll (26 times per year) and
shall be remitted to the Union on the last business day of each calendar month;
provided, however, that the Employer may reasonably change the check off procedure
upon reasonable advance written notice to the union but shall, in all events, check off
dues every month.
F. Any change in the amount of Union dues to be deducted must be certified by the Union
in writing and be forwarded to the Employer in advance of the effective date of change
and in sufficient time for the Employer to make changes to its payroll process. Each
employee who, on the effective date of this Agreement is a member of the Union shall
maintain his membership in the Union for the duration of this Agreement.
G. Dues deductions for any employees in the bargaining unit shall be limited to the Union,
the majority representative, and employees shall by eligible to withdraw such
authorization only as of July 1, next succeeding the date on which notice of withdrawal
is filed.
4
2. Notification of New Employees
The Employer agrees to submit to the Union Recording Secretary each month, a list of new
employees hired by the Employer covered by the Agreement, their job classification, home
address and whether their employment is on a permanent, provisional, seasonal or
temporary basis.
3. Bulletin Boards
The Employer agrees to provide a 3' x 4' bulletin board for the exclusive use of the Union
to post Union notices and other Union information at the garage.
4. Access to Premises
The Employer agrees to permit representatives of the Union Council to enter the premises
of the Employer, at the garage site only, for individual discussion of working conditions
with employees, provided such representatives do not interfere with the performance of
employees' duties and provided that such visit is on the employees' non-working time.
5. Workplace Democracy Enhancement Act
The Employer will adhere to the Workplace Democracy Enhancement Act, N.J.S.A.
34:13A-5.11.
5
ARTICLE III
MANAGEMENT'S RIGHTS
Unless modified or relinquished in or by this Agreement, the Employer shall continue to have the
sole right to manage and operate its business, property and facilities and to direct its working
forces. The foregoing shall include, but not be limited to, any change in the nature or scope of the
business or method or system of operation the same, the discontinuance consolidation or change
in the organization of department, direction and scheduling of employees, the fixing of opening
and closing hours, the employment, placement, transfer, promotion of employees, the need for the
extent of any layoff and the sufficiency of all equipment, supplies, etc. of the Employer at any
work site. The Employer shall be the sole judge as to the number of employees needed for the
conduct of its business. The Employer may continue, and from time to time, make or change such
rules or regulation as it may deem necessary and proper for the conduct of its business provided
that the same are not inconsistent with any of the provisions of this Agreement. All such rules and
regulations shall be observed by the employees covered by this Agreement.
6
PROBATION PERIOD
ARTICLE IV
All new employees shall be subject to a one-year probation period commencing from date of hire
during which they may be disciplined or discharged without resort to the grievance and arbitration
provisions hereof. The Employer may not extend the probationary period for any particular
employee without written notice to the Union.
7
ARTICLE V
RELATIONSHIP TO EMPLOYER'S POLICIES
All provisions of this Agreement are made expressly subject to the Employer's general or specific
personnel or benefits policies, as they may, from time to time, be constituted; provided, however,
that in the event of an inconsistency between this Agreement and such policies, this Agreement
shall prevail. The Employer shall provide a copy of such policies to the Union upon request.
8
GRIEVANCE PROCEDURE
A. Purpose
ARTICLE VI
The purpose of this procedure is to secure, at the lowest possible level, an equitable solution
to the problems which may arise affecting the terms and conditions of this Agreement. And
the parties agree that any discipline of covered employees shall be for "just cause" only.
B. Definitions
The term "grievance" as used herein means any controversy arising over the interpretation,
application or alleged violation of the terms and conditions of this Agreement, and may be
raised by the Union on behalf of an individual or individuals, or the Employer.
C. Sole Remedy
The following constitutes the sole and exclusive method for resolving grievances between the
parties covered by this Agreement, and shall be followed in its entirety unless any step is
waived by mutual consent. It is recognized that prior to initiating the formal grievance
procedure an earnest effort shall be made to settle the differences between the aggrieved
employee and the Department Head. When an employee believes he/she has been subject to
harassment in violation of the Borough's Personnel Policy Manual provision, the employee
may process his/her harassment complaint through the contractual grievance procedure.
Step One
a. An aggrieved employee or the Union on behalf of the aggrieved employee shall
institute action under the provisions hereof within five (5) business days of the
occurrence or the discovery of the occurrence of the grievance. The employee or the
Union shall file his/her signed written grievance with the Department Head.
b. The Department Head shall render a decision in writing within Five (5) days from the
receipt of the grievance.
c. If the grievance involves the Department Head, then the grievance shall be filed with
the Borough Administrator.
9
Step Two
a.
In the event the grievance has not been resolved at Step One, then within twenty (20)
business days following the determination, the matter may be referred to the
Employer's Road Chairman who shall review the matter, hold a conference with all the
parties necessary for a full exploration of the issues, and make a determination within
thirty (30) business days from the receipt of the grievance.
Step Three
a. In the event the grievance has not been resolved at Step Two, the Union within thirty
(30) business days shall request arbitration. The arbitrator shall be chosen in
accordance with the rules of PERC.
b. The Union agrees that this provision is exclusive and that no employee shall have
access to any other remedy, including but not limited to, any committee or individual
member or official of the Employer's government.
c. The arbitrator shall be bound by the provisions of this Agreement and restricted to the
application of the facts presented to him/her in the grievance. The arbitrator shall not
have the authority to add to, modify, detract from or alter in any way the provisions to
this Agreement or any amendment or supplement thereto.
d. The cost for the services of the arbitrator shall be borne equally by the Employer and
the Union. Any other expenses incurred, including but not limited to, the presentation
of witnesses shall be paid by the party incurring same.
e. The Arbitrator shall set forth his/her finding of facts and reasons for making the award
within thirty (30) business days after conclusion of the arbitration hearing unless agreed
to otherwise by the parties.
10
ARTICLE VII
HOURS AND OVERTIME
A. General Work Schedule
1. The general work week shall consist of five consecutive 8 hour days, Monday through
Friday, inclusive. It being acknowledged that the Employer may alter this provision
within its discretion which shall not be arbitrarily exercised on 45 days written notice
to the Union, except in the event of emergencies, including staffing emergencies, when
no such notice shall be required.
2. The regular starting time of a shift will not be changed without reasonable notice to the
affected employees and without first having discussed such changes and the needs for
the same with representatives of the Union. It is acknowledged, however, that the
Employer may alter shift times within its discretion, upon 45 days written notice to the
Union, except in the event of emergencies, including staffing emergencies, when no
such notice shall be required.
3. From Memorial Day to Labor Day, the work day shall begin one (1) hour earlier
and end one (1) hour earlier.
B. Road Department
1. The work day will consist of 8 hours.
2. All Employees shall receive two rest periods: a 15 minute period in the morning and a
15 minute period in the afternoon, to be scheduled at the discretion of the Employer,
which shall not be arbitrarily exercised.
C. Overtime
1. Time and one half the employee's regular hourly rate of pay shall be paid for work
under any of the following conditions:
a. All work performed in excess of 8 hours in any one day; provided, however,
that such overtime shall be paid only if the employee had actively worked for
not less that twenty-four (24) hours in the week in which the claimed overtime
was worked. Such "actively worked" hours may include paid vacation or paid
holiday time.
b. All work performed in excess of forty hours in any one (1) week, (or qualified
work: re: sick day, personal day, vacation day) shall be considered at time and
one half.
11
c. All work performed on any Saturday, subject to all other applicable provisions
set forth in this Article.
d. For snow removal overtime, see Article VIII.
e.
2. Premium pay will be paid for work performed on paid Holidays, as follows:
a. For all employees: twice the employee's regular pay plus one day's regular pay
for the holiday worked.
3. Premium pay for Sundays Worked: Premium pay will be paid for work performed on
a Sunday at the rate of twice the employee's regular pay for the Sunday worked, subject
to all other applicable provisions set forth in this Article.
D. Distribution of Overtime
1. Ordinary Overtime: When a non-emergency (ordinary) overtime is required, the
Employer shall request volunteers to work same. In the event that there are more
employee volunteers than required, those with the greatest amount of seniority will be
selected first on a rotating basis. If a sufficient number of employees do not volunteer,
the Employer may assign overtime in the order of seniority on a rotating basis, with the
least senior employees being assigned first. In all cases, this process shall be subject
to the relative ability of the employee to do the work and the Employer may, within its
sole discretion, which shall not be arbitrarily exercised, alter the method of selection or
assignment so as to best accomplish the objectives of the overtime.
2. Emergency Overtime: When emergency overtime is required (as determined solely by
the Employer), and when, within the sole judgment of the Employer, it is practicable
to utilize the procedure set forth in (1) above, the Employer will do so.
a. In the event an emergency extends the regular 8-hour shift and employee works
less than 1 hour, said employee shall receive 1 hour overtime pay. If employee
works more than 1 hour, said employee shall automatically receive 3 hours
overtime pay. The preferred list shall not be implemented in this situation
unless one or more of the regular shift employees has an extreme conflict with
the unforeseen overtime. Those individuals working their shift in the
emergency shall remain working on the situation.
3. When it is not possible to do so, the Employer may dispense with a request for
volunteers and assign employees (on a rotating basis) to work overtime by seniority,
with the least senior employees being assigned first. In all cases, this process shall be
subject to the relative ability of the employees to do the work and the Employer may,
within its sole discretion, which shall not be arbitrarily exercised, alter the method of
selection or assignment so as to best accomplish the objectives of the overtimes.
12
E. Call in Time
1. Any employee who is requested to do so, and who returns to work during periods
other than his/her regularly scheduled shift, shall be paid time and one-half for such
work and be guaranteed not less than three hours pay, regardless of the number of
hours actually worked. If the employees' call in time, work assignment and his/her
regular shift overlap, he/she-shall be paid for three hours at time and one half in
addition to his/her regular rate of pay for his/her regular work shift (8 hour-day).
2. In the event an employee is recalled to emergency duty for a complete shift, he/she
shall be allowed a one-half hour paid meal period. Arrangements shall be made to
provide the employee with food at the expense of the Employer.
3. The employer shall have the right to place an employee on emergency snow removal
standby who will be required to remain available by telephone and employee must
proceed to work within one-half (2) hour of call out. The employer's notice of
standby shall be given by the employer to the employee while on duty or by advance
forty-eight (48) hour telephonic notice to a telephone number provided by the
employee. The employer will make reasonable efforts to excuse or accommodate
employees from standby who have conflicting personal commitments.
13
ARTICLE VIII
SNOW REMOVAL
A. When employees are called in for snow removal purposes, no employee shall be
compelled to work more than 16 consecutive hours without an (8) eight-hour rest
period.
B. When employees are called in for snow removal purposes, the Employer may, within
its sole discretion, create shifts to work as many hours as may be necessary consistent
with (A) above, and may, within its sole discretion, make assignments to the various
shifts.
C. The Employer may, within its sole discretion, schedule rest periods or permit early
release for employees to accommodate adverse health or safety conditions, whether
current or anticipated.
D. All hours worked on snow removal duty, in excess of the first eight (8) of any one
"shift", shall be paid on an overtime basis.
14
HOLIDAYS
ARTICLE IX
A. Each employee shall be compensated for the following Holidays:
1) New Year's Day
2) Martin Luther King Day
3) Presidents Day
4) Good Friday
5) Memorial Day
6) Juneteenth (3rd Friday in June)
7) Independence Day
8) Labor Day
9) Columbus Day
10) Veterans Day
11) Thanksgiving Day
12) Day Following Thanksgiving Day
13) Christmas Day
14) Birthday (Floating Holiday)
B. In the event the Holiday falls on a regularly scheduled work day the employee shall receive
the day off with pay.
C. In the event any of the above Holidays fall on a Sunday, they shall be celebrated on the
following Monday. Should any of the aforementioned Holidays fall on a Saturday, they
shall be celebrated on the preceding Friday.
D. All employees shall be granted four (4) hours early quitting time on New Year's Eve and
Christmas Eve days. even if those days fall on a Saturday or Sunday.
15
VACATIONS
ARTICLE X
A. Amount of Vacation Leave
1. Vacations are to be in effect from January 1 to December 31 and are granted on a
calendar year basis for employees who remain on the payroll continuously and without
interruption for the requisite number of years. Annual vacation with regular pay shall
be given to all employees covered herein, as follows:
(a) After six (6) complete months to twelve (12) complete months: five (5) days;
(b) From the first day of the thirteenth (13th) month to the sixtieth (60th) complete
month: ten (10) days.
(c) From the first day of the sixty first (61st) month to the one hundred and thirty second
(132nd) complete month: fifteen (15) days.
(d) From the first day of the one hundred thirty third month (133rd) to two hundred forty
(240) complete months: twenty (20) days.
(3) Upon the first day of the two hundred forty first (241st) month: twenty-five (25)
days.
2. No more than one week of vacation time may be carried over in the following year.
Any vacation time carried over into the following year must be used in that following
year.
3. A permanent employee who returns from a regular tour of military duty is entitled to
pro-rate vacation allowance for the calendar year of return provided the latter can be
taken during the year of return.
4. Employees shall be granted permission to buy back one week's vacation. Borough
must be notified by December 1st of that year and payment must be for an entire week.
(No partial weeks accepted.)
5. Vacation time shall be restructured requiring the Borough to be notified 2 days in
advance for the utilization of one (1) vacation day. All vacation selections must be
submitted by the first week of March with all weeks scheduled. Seniority will prevail
for vacation requests. Requests submitted late shall only be granted at the Borough's
discretion and staffing. A one-week switch of vacation time developed after initial
scheduling shall require a minimum of one-week notification and shall be granted at
the Borough's discretion and staffing.
6. Up to 3 employees may take vacation simultaneously, determined by seniority.
7. Only one (1) week of vacation can be used in individual days. Additional individual
vacation days may be used at the sole discretion of the Superintendent.
16
B. Vacation Leave Due Upon Separation
1. An employee who is retiring or who otherwise separated (including death) shall be
entitled to the vacation for the current year prorated upon the number of months worked
in the calendar year in which the separation or retirement becomes effective, except if
an employee is terminated for cause.
ARTICLE XI
PERSONAL DAYS
1. Upon two (2) days written request to the Department Head, which may be waived in
the event of an emergency, every employee shall be allowed non-cumulative personal
leave days with pay per year as set forth in section 3 below. The scheduling of such
day shall be subject to the Employer's scheduling needs as determined solely, but
reasonably, by the Employer.
2. Unused personal days can be accumulated for retirement purposes as defined in Article
XV, subsection G, of this agreement.
3. All employees shall receive three (3) personal days per calendar year, effective
1/1/2022.
ARTICLE XII
BEREAVEMENT LEAVE
1. In the event of a death in the employee's immediate family, he/she shall be granted
bereavement leave with pay for a period not to exceed five (5) consecutive working
days, one of which shall include either the day of death or the day of the funeral.
"Immediate Family" under this section is defined as parents, spouse, grandparents,
natural brothers and sisters, children and parents-in-law or any person living in the
employee's immediate household.
ARTICLE XIII
LEAVES OF ABSENCE
A. Every employee subject to this Agreement may be granted a leave of absence within
the discretion of the Employer.
B. Employees returning from authorized leaves of absence as set forth above will be
restored to their original or equivalent job, as may be appropriate within the discretion
of the Employer, at the then prevailing rate of pay, with no loss of seniority or other
employee rights. Privileges and benefits shall be restored only upon return to work.
17
C. All employees shall be entitled to leaves pursuant to any applicable state or federal
family leave acts. Arbitration will not be available to employees under this Agreement
concerning such leaves if an employee elects to pursue such grievances through
statutory remedies.
18
ARTICLE XIV
EDUCATION REIMBURSEMENT
1. The Employer shall provide full education reimbursement of work-related courses to
qualified employees. In order to qualify, the employee must:
A. Have been employed with the Borough for one (1) year.
B. Attend an accredited institution approved by the Employer.
C. Enroll in work/job related courses only.
D. Complete each course, which is defined as receiving at least a grade of "C" or
"70".
2. Employees cannot attend classes during work hours unless the employee has obtained
the Employer's prior written approval. Course must be approved by the Employer.
3. For whatever reasons an employee is separated from employment with the Borough
within three (3) years of completing the approved courses, all courses paid for by the
Borough shall be fully reimbursed by the employee to the Borough.
ARTICLE XV
SICK LEAVE
A. Every regular employee subject to this Agreement shall be entitled to paid annual sick
leave benefits. Part-time employees shall receive such benefits on a pro-rated basis.
B. Unused sick leave may be accrued as hereinafter set forth.
C. Service Credits for Sick Leave: Sick leave may be utilized for reasons set forth in P.L.
2018E-10.
D. The Employer will adhere to The Paid Sick Leave Law (N.J.S.A. 34:11D-2).
E. Amount of Sick Leave:
1. All full-time employees shall earn one (1) day of sick leave per month, up to 12
sick days of sick leave per year with full pay.
2. All provisional employees (as defined in Article IV Probation Period) shall earn
one (1) hour of sick leave per every 30 hours worked, not to exceed 40 hours.
3. If an employee uses three (3) consecutive sick days, a doctor's note shall be
required and if all sick days are used during a current year of employment, a
doctor's note shall be required before using more sick time for the current year.
If an extreme or unusual circumstance exists where an employee is out sick for
an extended period of time, then this period shall be counted as one sick
occurrence (day), with notation as one occurrence (day). The object of this
revision is to curb sick time abuse.
19
F. Reporting of Absence on Sick Leave.
1. If any employee is absent for any reason that may entitle him/her to sick leave,
the supervisor shall be notified not less than one half (1/2) hour before the
employee's usual reporting time, except in the case of a verifiable reason for
not doing so.
2. Absence without notice for five (5) consecutive days shall constitute a
resignation. This shall not be construed to limit the Employer's right to
discipline an employee for failing to provide timely advance notice of absence.
G. Verification of Sick Leave
1. An employee who shall be absent on sick leave may be required to submit
medical evidence reasonably acceptable to the Employer substantiating the
illness, should the Employer reasonably deem it warranted. Failure to make
such request shall not foreclose the Employer from questioning the validity of
any sick leave.
2. The Employer may require an employee who has been absent because of
personal illness, as a condition of his return to duty, to be examined at the
expense of the Employer, by a physician designated by the Employer. Such
examination shall establish whether the employee is capable of performing
his/her normal duties and that his/her return will not jeopardize the health or
safety of other employees.
H. Sick Leave Due Upon Separation
I. Accumulated Sick Leave/Personal Days and Compensatory Pay
1. Compensatory pay or leave for accumulated -- unused sick days or unused personal
days, for a maximum total of one hundred and twenty (120) days for each full-time
or permanent part-time employee shall be, as follows:
a. At retirement only, any full-time or permanent part-time employee may choose
to be paid at the rate of fifty dollars ($50) per day for each unused accumulated
sick day/personal day to the maximum one hundred and twenty (120) days,
subject to the employee's accrued credit for said compensation.
20
b. There shall be no accumulation of personal days or compensatory days. Sick
days may be accumulated. For employees hired on or after May 21, 2010, upon
the filing of a bona-fide retirement application with the New Jersey Public
Employees Retirement System (PERS), any regular full-time or part-time
employee shall be paid at the rate of fifty dollars ($50) per day for each unused
accumulated sick day up to the maximum of 120 days subject to the
employee's accrued credit for said compensation; in no case shall this amount
exceed $15,000.
c. The foregoing policy shall not alter or change the established policy of using
unused sick days/personal days for disability. There is no limit to the number
of sick days and personal days that can be accumulated and used towards a
future illness.
J. Confidentiality:
1. The Employer will use its best efforts to hold employee health information
confidential. Use of same in grievances and arbitrations shall constitute an
exception.
21
ARTICLE XVI
HEALTH BENEFITS
A. All full time actively employed employees covered by this Agreement shall be entitled to
receive all nondental health benefits provided to a majority of other employees of Employer
at the same level and on the same basis.
B. All full time actively employed employees covered by this agreement shall be entitled to
receive five hundred dollars ($500) every two years reimbursement towards eye care
expense subject to the following:
1. The employee must present to the Employer, an invoice from a licensed
practitioner indicating the amount paid.
C. All employees shall henceforth receive the same dental health benefits as are presently
provided to police employees.
D. The Employer will adhere to the following:
a) New Jersey Family Leave Act is set forth at N.J.S.A. 34:11B-1, et seq. and at
N.J.A.C. 13:14-1, et seq.
b) The Federal Family Medical Leave Act is set forth at 29 U.S.C.A. § 2612.
c) The New Jersey Family Leave Insurance Program.
E. Health Benefits Upon Retirement:
a) The intent and purpose of this section is to reimburse retired employees with their
medical expenses before they become eligible for Medicare benefits.
b) For employees who, on the date of the retirement from the Employer, has
i. been employed by the Employer for at least 25 years; and
ii. attained the age of 55.
c) The Employer will contribute up to $12,000.00 per year, broken out into two
payments (January and July) for each year up to and including the year where that
employee becomes eligible for Medicare benefits (on a pro-rated basis), to
reimburse that retired employee's health care expenses, with pre-tax funds when
possible, and upon proof of that retired employee's payment for health care costs
to the satisfaction of the Employer's Personnel Committee, as delegated by the
Borough Administrator. The retired employee seeking reimbursement must
submit all proofs of payment to the Administrator no later than the end of January
and July to receive reimbursement.
d) Upon any retired employee obtaining employment after retirement which provides
health insurance, such retired employee shall be ineligible for such medical
22
expense reimbursement, as being contrary to the intent and purpose of this section.
Any retired employee covered by a spousal policy of health insurance shall also
be ineligible for such medical expense reimbursement, as being contrary to the
intent and purpose of this section.
e) Employees shall be allowed to access FMLA leave benefits while retaining 5 days
of sick leave.
23
ARTICLE XVII
WAGES: MINIMUM RATES, MILEAGE, AND STIPENDS
A. All employees shall have their annual salary adjusted yearly for calendar years in accordance
with Schedule "A", attached to this agreement, subject to the following:
1. Any employee hired after June 30th in any year shall not receive an annual
increase until after he or she has completed six (6) months of service.
2. Any employee, who has more years of service than is provided for in Schedule
"A" attached to this agreement shall receive annual salary increases as set forth
below:
a. Effective January 1, 2025 - four percent (4%)
b. Effective January 1, 2026 - four percent (4%)
c. Effective January 1, 2027 - four percent (4%)
d. Effective January 1, 2028 - three percent (3%)
e. Effective January 1, 2029 - three percent (3%)
B. Mileage Reimbursement
The Employer's borough-wide policy regarding payment for automobile mileage, as it may
be formulated from time to time, is hereby incorporated herein by reference.
C. Certification Stipends
Employees holding the following certification(s) will receive annual stipends in the
amounts listed below:
a) Welding certification: One thousand dollars ($1,000)
b) ASE medium-heavy truck certification: One thousand dollars ($1,000)
c) CDL license renewal plus endorsements for renewal: Forty-two dollars
($42.00) and Two dollars ($2.00) for each endorsement (endorsements must
be work related)
24
UNIFORMS
ARTICLE XVIII
Clothing Allowance will be six hundred dollars ($600.00) per year, with the employee
providing proof of purchase.
ARTICLE XIX
SENIORITY
A. Seniority is defined as an employee's total length of permanent service with the
Employer, beginning with his/her original date of permanent hire.
B. The Employer shall maintain an accurate, up-to-date seniority roster showing each
employee's date of hire, classification and pay rate and shall furnish copies of same to
the Union upon reasonable request but not more often than one time per month.
ARTICLE XX
NO STRIKE PLEDGE
A. During the term of the Agreement, the Union agrees on behalf of itself and its members
that there will be NO Strike of any kind, including slow-downs and partial strikes, and the
Employer agrees that it will not cause any lockout.
(i) Nothing contained in this Agreement shall be construed to limit or restrict the
Employer in its right to discipline employees (including discharge) in the event of a
breach hereof this provision: Should the Union grieve and arbitrate any disciplinary
action taken by the Employer under this article, the arbitrator shall apply a rebuttable
presumption of propriety to the disciplinary remedy selected by the Employer.
(ii) Employer may seek and obtain such judicial relief as it may be entitled to have in
law or in equity for injunction or damages or both, in the event of breach hereof by the
Local Union or its members.
25
WORK FORCE CHANGES
ARTICLE XXI
A. Whenever an opportunity for promotion occurs or a job opening occurs in other than a
temporary situation in any existing job classification, or as the result of the
development or establishment of a new job classification, a notice of such openings
shall be posted on bulletin boards, stating the job classification, rate of pay, and the
nature of the job requirements in order to qualify. Such posting shall be for a period of
not less than five (5) work days. The Employer shall not be obliged to hire any
employee responding under this provision. However, the Employer may not arbitrarily
refuse to hire such respondent.
B. Employees desiring to transfer to other jobs shall submit an application in writing to
their immediate supervisor. The application shall state the reason for the requested
transfer.
C. Where an employee is subject to an involuntary transfer or relocation, the Employer
shall give written notice of such transfer or relocation to the employee within ten (10)
work days prior to such proposed effective date with a copy to the Shop Steward and
to the Union, except in an emergency (including staffing).
D. In the event of a work force reduction, the Employer agrees that any layoffs will be
done by reverse seniority. If any layoffs should occur, the personnel affected shall have
the first right of refusal to be rehired by seniority for a period of one year from the date
of the initial layoff.
ARTICLE XXII
UNION MEETINGS
A. Employees shall be entitled to hold a membership meeting on Employers' or Employer -
related premises, as designated by Employer, upon one week's notice to the Department
Head; provided, however, that such meeting shall be held on non-work time.
B. The Employer shall give time off with no loss of pay for members of the Local Union
Contract Negotiating Team (but not more than three individuals) to participate in contract
negotiations if such meetings are held during their regular work hours.
C. Two union representatives shall be granted two days of paid leave in order to attend the
yearly convention at their own expense. The employee shall provide the employer with
documentation that proves that the convention was attended.
26
ARTICLE XXIII
NON-DISCRIMINATION
A. There shall be no discrimination by the Employer or by the Union against an employee
on account of race, color, creed, sex or national origin or union membership.
B. There shall be no discrimination, interference, restraint, or coercion by the Employer
or any of its representatives against any of the employees covered by this Agreement
because of the membership or non-membership in the Union or because of any lawful
activities by such employees on behalf of the Union. The Union, its members and
agents
--- Document: IBEW Local 1158 ---
BOROUGH OF KINNELON
with
LOCAL 1158, IBEW
COLLECTIVE NEGOTIATIONS AGREEMENT
JANUARY 1, 2025 - DECEMBER 31, 2029
TABLE OF CONTENTS
1
PREAMBLE
ARTICLE I-RECOGNITION
1
ARTICLE II - UNION SECURITY
1
ARTICLE III - MANAGEMENT RIGHTS
3
ARTICLE IV - PROBATION PERIOD
3
ARTICLE V - RELATIONSHIP TO EMPLOYER'S POLICIES
3
ARTICLE VI - GRIEVANCE PROCEDURE
4
ARTICLE VII - HOURS AND OVERTIME
5
ARTICVLE VIII - WAGES
6
ARTICLE IX - HOLIDAYS
7
ARTICLE X- VACATIONS
8
ARTICLE XI - PERSONAL DAYS
9
ARTICLE XII - BEREAVEMENT LEAVE
9
ARTICLE XIII - LEAVES OF ABSENCE
9
ARTICLE XIV - EDUCATION REIMBURSEMENT
10
ARTICLE XV - SICK LEAVE
10
ARTICLE XVI - HEALTH BENEFITS
13
ARTICLE XVII - MILEAGE
14
ARTICLE XVIII - SENIORITY
14
ARTICLE XIX - NO-STRIKE PLEDGE
14
ARTICLE XX - WORK FORCE CHANGES
15
ARTICLE XXI - UNION MEETINGS
15
ARTICLE XXII - NON-DISCRIMINATION
15
ARTICLE XXIII - UNION ACTIVITIES
16
ARTICLE XXIV - WORK RULES
16
ARTICLE XXV - PROTECTION AND SECURITY FOR EMPLOYEES
17
ARTICLE XXVI - WORKER'S COMPENSATION
17
ARTICLE XXVII - PERSONNEL RECORDS
17
ARTICLE XXVIII - SEPARABILITY AND SAVINGS
18
ARTICLE XXIX - FULLY BARGAINED PROVISIONS
18
ARTICLE XXX - ALCOHOL & DRUG TESTING
18
ARTICLE XXXI - TERM
19
PREAMBLE
This Agreement entered into and effective as of this 1st day January, 2025 by the Borough of
Kinnelon, hereinafter referred to as "Employer", and Local #1158, IBEW, AFL-CIO, hereinafter
referred to as "Union", has as its purpose the provision of harmonious relations between the
Employer and the Union; the establishment of an equitable and peaceful procedure for the
resolution of differences; and the establishment of rates of pay, hours of work and other
conditions of employment.
ARTICLE I
RECOGNITION
The Employer recognizes the Union as the sole and exclusive "Bargaining Unit" for the purpose
of collective bargaining concerning wages, hours and working conditions for all.
Included: All regularly employed clerical, borough workers and dispatchers employed by the
Borough of Kinnelon. Regularly employed part-time employees, except dispatchers, shall receive
vacations, personal days, holidays, sick leave and bereavement leave on a pro-rata basis. However,
dispatchers shall qualify for sick leave only, on a pro-rata basis.
Excluded: Managerial executives, confidential employees, supervisors within the meaning of the
Act, and all other employees of the Borough of Kinnelon.
ARTICLE II
UNION SECURITY
1.
Check Off of Union Dues
A. All employees covered by this Agreement may tender their membership dues to the Union
by voluntarily signing the Authorization for Payroll Deduction of Union Dues Form
provided by the Union.
B. The Employer agrees to deduct dues in the amount certified by the Union.
C. Payroll deduction of Union dues shall become effective in the next full pay period
following receipt of authorization by the Employer.
D. The total of all such deductions, together with a list of employees from whom dues have
been deducted, shall be remitted to the designated Financial Secretary of Local #1158.
Page 1 of 19
2.
E. Payroll deductions shall be made from each and every payroll (26 times per year) and shall
be remitted to the Union on the last business day of each calendar month; provided,
however, that the Employer may reasonably change the check off procedure upon
reasonable advance written notice to the Union but shall, in all events, check off dues every
month.
F. Any Change in the amount of Union dues to be deducted must be certified by the Union in
writing and be forwarded to the Employer in advance of the effective date of change and
in sufficient time for Employer to make changes to its payroll process. Each employee who,
on the effective date of this Agreement is a member of the Union shall maintain his
membership in the Union for the duration of this Agreement.
G. Dues deductions for any employees in the bargaining unit shall not be limited to the Union,
the majority representative, and employees shall be eligible to withdraw such authorization
only as of July 1 next succeeding the date on which notice of withdrawal is filed.
Notification of New Employees
The Employer agrees to submit to the Union Recording Secretary each month a list of new
employees hired by the Employer covered by this Agreement, their job classification, home
address and whether their employment is on a permanent, provisional, seasonal or temporary basis.
3.
Bulletin Boards
The Employer agrees to provide a 3' x 4' bulletin board for the exclusive use of the Union to post
Union notices and other Union information at the Municipal Building.
4.
Access to Premises
The Employer agrees to permit representatives of the Union Council to enter the premises of the
Employer for individual discussion of working conditions with employees, provided such
representatives do not interfere with the performance of employees' duties and provided that such
visit is on the employees' non-working time.
Page 2 of 19
ARTICLE III
MANAGEMENT'S RIGHTS
Unless modified or relinquished in or by this Agreement, the Employer shall continue to have the
sole right to manage and operate its business, property, and facilities and to direct its working
forces. The foregoing shall include, but not be limited to, any change in the nature or scope of the
business or method or system of operating the same, the discontinuance consolidation or change
in the organization of departments, direction and scheduling of employees, the fixing of opening
and closing hours, the employment, placement, transfer, promotion of employees, the need for the
extent of any layoff and the sufficiency of all equipment; supplies, etc. of the Employer at any
work site. The Employer shall be the sole judge as to the number of employees needed for the
conduct of its business. The Employer may continue, and from time to time, make or change such
rules or regulations as it may deem necessary and proper for the conduct of its business provided
that the same are not inconsistent with any of the provisions of this Agreement. All such rules and
regulations shall be observed by the employees covered by this Agreement.
ARTICLE IV
PROBATION PERIOD
All new employees shall be subject to a six (6) month probation period during which they may be
disciplined or discharged without resort to the grievance and arbitration provisions hereof. The
Employer may extend the probationary period for an additional 30 working days upon written
notice to the Union or Shop Steward.
ARTICLE V
RELATIONSHIP TO EMPLOYER'S POLICIES
All provisions of this Agreement are made expressly subject to the Employer's general or specific
personnel or benefits policies, as they may, from time to time, be constituted; provided, however,
that in the event of an inconsistency between this Agreement and such policies, this Agreement
shall prevail. The Employer shall provide a copy of such policies to the Union upon request.
Page 3 of 19
ARTICLE VI
GRIEVANCE PROCEDURE
A. Purpose
The purpose of this procedure is to secure, at the lowest possible level, an equitable solution to the
problems which may arise affecting the terms and conditions of this Agreement. And the parties
agree that any discipline of covered employees shall be for "just cause" only.
B.
Definitions
The term "grievance" as used herein means any controversy arising over the interpretation,
application or alleged violation of the terms and conditions of this Agreement and may be raised
by the Union on behalf of an individual or individuals, or the Employer.
C.
Sole Remedy
The following constitutes the sole and exclusive method for resolving grievances between the
parties covered by this Agreement, and shall be followed in its entirety unless any step is waived
by mutual consent. It is recognized that prior to initiating the formal grievance procedure an earnest
effort shall be made to settle the differences between the aggrieved employee and the Department
Head.
Step One
a. An aggrieved employee or the Union on behalf of the aggrieved employee shall
institute action under the provisions hereof with five (5) business days of the occurrence
or the discovery of the occurrence of the grievance. The employee or the Union shall
file his/her signed written grievance with the Department Head.
b. The Department Head shall render a decision in writing within five (5) days from the
receipt of the grievance.
Step Two
a. In the event the grievance has not been resolved at Step One, then within five (5)
business days following the determination, the matter may be referred to the Personnel
Chairman who shall review the matter, hold a conference with all the parties necessary
for a full exploration of the issues, and make a determination within thirty (30) business
days from the receipt of the grievance.
Step Three
a. In the event the grievance has not been resolved at Step Two, the Union within thirty
(30) business days shall request arbitration. The arbitrator shall be chosen in accordance
with the rules of PERC.
Page 4 of 19
b. The Union agrees that this provision is exclusive and that no employee shall have
access to any other remedy, including but not limited to, any committee or individual
member or official of the Employer's government.
c. The arbitrator shall be bound by the provisions of this Agreement and restricted to the
application of the facts presented to him/her in the grievance. The arbitrator shall not
have the authority to add to, modify, detract from or alter in any way the provisions to
this Agreement or any amendment or supplement thereto.
d. The cost for the services of the arbitrator shall be borne equally by the Employer and
the Union. Any other expenses incurred, including but not limited to, the presentation
of witnesses shall be paid by the party incurring same.
e. The Arbitrator shall set forth his/her findings of facts and reasons for making the award
within thirty (30) business days after conclusion of the arbitration hearing unless agreed
to otherwise by the parties.
A.
General Work Schedule
B.
ARTICLE VII
HOURS AND OVERTIME
1. The general work week shall consist of five consecutive 7-hour days, Monday through
Friday, inclusive. It is acknowledged that the Employer may alter this provision within its
discretion, but shall only be exercised on 45 days written notice to the Union, except in the
event of emergencies, including staffing emergencies, when no such notice shall be
required.
2. The regular starting time of a shift will not be changed without reasonable notice to the
affected employees and without first having discussed such changes and the needs for the
same with representatives of the Union. It is acknowledged, however, that the Employer
may alter shift times within its discretion, upon 45 days written notice to the Union, except
in the event of emergencies, including staffing emergencies, when no such notice shall be
required.
3. Summer hours will commence Memorial Day through Labor Day.
Overtime
1.
Time and one half the employee's regular hourly rate of pay shall be paid for work
under any of the following conditions:
a.
All hours worked in excess of forty hours in any one (1) week, shall be considered
at time and a half.
2.
All hours worked on a paid Holiday shall be considered at time and a half.
Page 5 of 19
ARTICLE VIII
WAGES
A. Non-Dispatchers:
Effective January 1, 2025, the following shall be the wage rates for non-dispatcher
employees: Employees shall receive:
1) a 4% increase for year 2025
2) a 4% increase for year 2026;
3) a 4% increase for year 2027;
4) a 3% increase for year 2028;
5) a 3% increase for year 2029.
***
Effective January 1, 2025 (only), the following members will receive a 10% wage increase in lieu
of the 4% increase.
Laura Gakos
Leigh Irwin
Barbara Tartarilla
B. Dispatchers:
Effective January 1, 2024, the following 7 Step Wage Guide shall be the wage rates for dispatchers.
Step la
0-6 months
$20.00/hr.
Step 1b
6-12 months
$20.50/hr.
Step 2
2nd Year
$21.50/hr.
Step 3
3rd Year
$22.50/hr.
Step 4
4th Year
$23.50/hr.
Step 5
5th Year
$24.50/hr.
Step 6
6th Year
$25.00/hr.
Additionally, there shall be a $1.00/per hour added for Head Dispatcher for all hours
worked in any work week.
The contractual percentage increases referenced in Article VIII(A) for January 1, 2025, shall apply
to these steps. Retroactivity shall be paid on the above new steps for 2024 and paid byseparate
check.
Page 6 of 19
ARTICLE IX
HOLIDAYS
A.
B.
Each employee shall be compensated for the following Holidays:
New Year's Day
Dr. Martin Luther King, Jr. Day
President's Day
Good Friday
Memorial Day
Juneteenth (as Per NJ State Guideline)
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day Following Thanksgiving Day
Christmas Day
Employee's Birthday
In the event the Holiday falls on a regularly scheduled workday the employee shall receive
the day off with pay.
C.
In the event any of the above holidays fall on a Sunday, they shall be celebrated on the
following Monday. Should any of the aforementioned holidays fall on a Saturday, they shall be
celebrated on the preceding Friday.
D.
All employees shall be granted four (4) hours early quitting time on New Year's Eve and
if New Year's Eve or
Christmas Eve days, even
Saturday or Sunday.
Christmas Eve fall
on a
Ε. The employee's Birthday Holiday may be taken as a floating holiday rather than on the
actual or observed birthdate, at the employee's choosing.
Page 7 of 19
A.
1.
Amount of Vacation Leave
ARTICLE X
VACATIONS
Vacations are to be in effect from January 1 to December 31 and are granted on a calendar
year basis for employees who remain on the payroll continuously and without interruption for the
requisite number of years. Annual vacation with regular pay shall be given to all employees
covered herein, as follows:
2.
(a) After six (6) complete months to twelve (12) complete months: five (5) days;
(b) From the first day of the thirteenth (13th) month to the sixtieth (60th) complete
month: ten (10) days;
(c) From the first day of the sixty first (61st) month to the one hundred and twentieth (120th)
complete month: fifteen (15) days;
(d) From the first day of the one hundred twenty first month (121st) to two hundred
forty (240) complete months: twenty (20) days;
(e) Upon the first day of the 241st month: twenty five (25) days.
Vacations shall not be accumulated with the exception that up to ten (10) days of vacation
time may be carried over to April 30th of the following year. If that ten (10) days of vacation time
is not used by April 30th of the following year, the carried over vacation time will be forfeited.
3.
An employee who returns from a regular tour of military duty is entitled to pro-rata
vacation allowance for the calendar year of return provided the latter can be taken during the year
of return.
4.
Employees shall be granted permission to buy back up to ten (10) days of vacation, in any
increment. The Borough must be notified by December 1st of that year that any buy-back is to
occur.
5.
The Borough shall be notified at least 2 days in advance for the use of vacation time.
B.
Vacation Leave Due Upon Separation
An employee who is retiring or who has otherwise separated (including died) shall be entitled to
the vacation for the current year prorated upon the number of months worked in the calendar year
in which the separation or retirement becomes effective, except if an employee is terminated for
dishonesty.
Page 8 of 19
ARTICLE XI
PERSONAL DAYS
Upon 24 hours written request to the Department Head, which may be waived in the event of an
emergency, every employee shall be allowed three (3) non-cumulative personal leave days with
pay per year. The scheduling of such days shall be subject to the Employer's scheduling needs as
determined solely, but reasonably, by the Employer.
Personal days cannot be accumulated.
Personal days may be taken in hourly increments.
A.
ARTICLE XII
BEREAVEMENT LEAVE
A. In the event of a death in the employee's immediate family, he/she shall be granted
bereavement leave with pay for a period not to exceed five (5) consecutive working days,
one of which shall include either the day of death or the day of the funeral. "Immediate
Family" under this section is defined as parents, spouse, grandparents, natural brothers and
sisters, children and parents-in-law or any person living in the employee's immediate
household.
B. The occurrence of a death for which bereavement time is granted herein during the
employee's regularly scheduled vacation time shall not result in the loss of the benefit
provided to the employee in this section.
C. In the event of the death of a relative not included above, the employee shall be given one
(1) day off without loss in pay unless said employee is on vacation and does not return
from the period of time from the date of death to the day of the funeral of said relative.
ARTICLE XIII
LEAVES OF ABSENCE
A.
Every employee subject to this Agreement may be granted a leave of absence within the
discretion of the Employer.
B.
Employees returning from authorized leaves of absence as set forth above will be restored
to their original or equivalent job, as may be appropriate within the discretion of the Employer, at
the then prevailing rate of pay, with no loss of seniority or other employee rights. Privileges and
benefits shall be restored only upon return to work.
C.
All employees shall be entitled to leaves pursuant to any applicable state or federal family
leave acts. Arbitration will not be available to employees under this Agreement concerning such
leaves if an employee elects to pursue such grievances through statutory remedies.
Page 9 of 19
ARTICLE XIV
EDUCATION REIMBURSEMENT
Employees who have completed the probationary period shall be eligible for education benefits
pursuant to the Borough of Kinnelon Personnel Policy Manual and Employee Handbook.
ARTICLE XV
SICK LEAVE
A. Every regular employee subject to this Agreement shall be entitled to paid annual sick leave
benefits. Part-time employees shall receive such benefits on a pro-rated basis.
B.
Unused sick leave may be accrued as hereinafter set forth.
C.
Service Credit for Sick Leave: Sick leave may be utilized by employees when they are
unable to perform their work by reason of personal illness or accident.
D.
E.
Amount of Sick Leave:
1. For employees employed for less than 12 consecutive months: such employees shall be
allowed sick leave with full pay at a maximum of one (1) day per month for the first 12
months of employment with such paid sick leave not to exceed 12 days per calendar year.
2. For employees employed more than twelve consecutive months: such employees shall be
allowed 12 sick days with full pay per calendar year.
a. If an employee uses all 12 given sick days during a current year of employment, a
Doctor's note shall be required before using more sick time for that current year. The
object of this revision is to curb sick time abuse.
3. Sick Leave may be taken in hourly increments.
Reporting of Absence on Sick Leave.
1. If any employee is absent for any reason that may entitle him/her to sick leave, the
supervisor shall be notified not less than one (1) hour before the employee's usual reporting time,
except in the case of verifiable reason for not doing so.
2.
Absence without notice for five (5) consecutive days shall constitute a resignation.
This shall not be construed to limit the Employer's right to discipline an employee for failing to
provide timely advance notice of absence.
Page 10 of 19
F.
Verification of Sick Leave
1.
An employee who shall be absent on sick leave may be required to submit medical
evidence reasonably acceptable to the Employer substantiating the illness, should the
Employer reasonably deem it warranted. Failure to make such request shall not foreclose
the Employer from questioning the validity of any sick leave.
2.
The Employer may require an employee who has been absent because of personal
illness, as a condition of his/her return to duty, to be examined at the expense of the
Employer, by a physician designated by the Employer. Such examination shall establish
whether the employee is capable of performing his/her normal duties and that his/her return
will not jeopardize the health or safety of other employees
G. Sick Leave Due Upon Separation:
In accordance with N.J.S.A. 40A:9-10.4 any employee hired on or after May 21, 2010, who
leaves employment of the Borough of Kinnelon for whatever reason, including death,
termination or resignation, except for a bona-fide retirement through the New Jersey Public
Employees Retirement System (PERS), shall not be entitled to payment for any accumulated sick
time. This shall include using available sick time before the termination date, without a proper
doctor's note. Any employee hired before May 21, 2010, may still receive payment in full for all
unused, accumulated sick leave upon their death or retirement.
H. Accumulated Sick Leave/Personal Days and Compensatory Pay:
There shall be no accumulation of personal days or compensatory days. Sick days may be
accumulated. For employees hired on or after May 21, 2010, upon the filing of a bona-fide
retirement application with the New Jersey Public Employees Retirement System (PERS), any
regular full-time or part-time employee shall be paid at the rate of fifty dollars ($50) per day for
each unused accumulated sick day up to the maximum of 120 days subject to the employee's
accrued credit for said compensation; in no case shall this amount exceed $15,000.
The payout shall be, as follows:
1. At retirement only, any regular full-time or part-time employee can choose to take
his/her accumulated sick days up to the maximum 120 days.
2. In the alternative, at retirement only, any regular full-time or part time employee
may choose to be paid at the rate of fifty dollars ($50) per day for each unused
accumulated sick days up to the maximum 120 days subject to the employee's accrued
credit for said compensation.
Page 11 of 19
I.
3. "Accrued Credit for Compensation" shall be defined and shall accrue such that
payment for compensation for unused sick days will be made based upon a rate of ten
percent (10%) of the accumulated sick days for each full year of employment to the
tenth (10th) year. The employee shall be compensated for one hundred percent (100%)
of accumulated sick leave in the 10th year of employment and thereafter.
4. At retirement, the employee may also choose to take a portion of accumulated sick
days as leave and a portion in compensation as set forth above, subject to the consent
of the Employer.
5. The foregoing policy shall not alter or change the established policy of using unused
sick days/personal days for disability. There is no limit to the number of sick days that
can be accumulated and used towards a future illness.
6. Notwithstanding anything written herein, the maximum payout for accumulated but
unused sick time shall be the maximum permitted by New Jersey statutory law. By
way of example, that maximum payout by law is capped at $15,000 as of the date of
this Agreement, no matter the employee's rate of pay or total number of sick days
included.
Confidentiality:
The Employer will use its best efforts to hold employee health information confidential. Use of
same in grievances and arbitrations shall constitute an exception.
J.
Part-time employees, except dispatchers as below, are to receive sick days equivalent to
their part-time hours. For example, an employee who regularly works five (5) hours per day shall
receive five (5) hours sick time for each use of a sick day.
K. Part-time dispatchers shall receive sick-time time pursuant to the New Jersey Sick Leave Law.
L. The Borough agrees to offer catastrophic illness to its employees as consistent as possible with
N.J.S.A. § 11A:6-5.1. The broad terms of the regulation are that an employee must be employed
for at least one year; shall have exhausted any and all time off; shall for two years prior to seeking
catastrophic leave not been disciplined or absentee/tardy issues; must suffer from a catastrophic
health condition or must provide for an immediate family member suffering from a catastrophic
health condition or is donating an organ or suffers a complicated pregnancy as defined in the
statute; the catastrophic illness recipient must receive at least five or more sick and/or vacation
days from at least one coworker (but who may not donate more than 30 days per donor or 260 days
maximum for all donors, and which donor(s) must maintain 25% minimum of their sick days in
reserve and 12 vacation days in reserve, and which donation days cannot be revoked).
Notwithstanding the summary provided herein, the language of N.J.S.A. § 11A:6-5.1 shall be the
controlling language (except the 25% minimum sick days in reserve over the statutory 20 sick
days) and a copy of same shall be provided upon request to any employee seeking catastrophic
illness leave.
Page 12 of 19
A.
ARTICLE XVI
HEALTH BENEFITS
All full-time actively employed employees covered by this Agreement shall be entitled to
receive all non-dental health benefits provided to a majority of other employees of Employer at
the same level and on the same basis. Dental coverage is available to full-time employees of the
Borough of Kinnelon who meet the health benefits eligibility criteria. In general and subject to
change, the dental plan covers routine dental expenses such as preventive care, fillings, root canals,
periodontics, dentures, and bridgework. Dental coverage shall be paid 25% by the employee and
75% by the Borough of Kinnelon, regardless of the type of dental plan selected (e.g. single, family,
etc.).
B.
All full time, actively employed employees covered by this agreement shall be entitled to
receive three hundred dollars ($300) every two years reimbursement towards eye care expenses
subject to following:
C.
1. The employee must present to the Employer, an invoice from a licensed practitioner
indicating the amount paid.
At the discretion of the Union, if the Employer sponsors SMAC tests for other employees
of the Employer, such tests shall be provided for all covered employees and their spouses and such
tests shall be administered by the Employer's department of health. The costs for SMAC tests to
be paid by the employees will be the same costs paid by other Borough employees.
D.
Health benefits upon retirement: For any employee who, on the date of retirement from
the Borough, has 1) been employed by the Borough for at least 25 years; and 2) attained the age
of 55: the Borough will contribute up to $12,000 per year, broken out into two payments (January
and July) for each year up to and including the year where that employee becomes eligible for
Medicare benefits (on a pro-rated basis), to reimburse that retired employee's health care insurance
premium expenses, with pre-tax funds when possible, and upon proof of that retired employee's
payment for health care insurance premium costs to the satisfaction of the Employer's Personnel
Committee as designated by the Borough Administrator. The retired employee seeking
reimbursement must submit all proofs of payment to the Administrator no later than the end of
January and July to receive reimbursement. will contribute up to $12,000.00 per year, broken out
into two payments (January and July) for each year up to and including the year where that
employee becomes eligible for Medicare benefits (on a pro-rated basis), to reimburse that retired
employee's health care insurance premium expenses, with pre-tax funds when possible, and upon
proof of that retired employee's payment for health care insurance premium costs to the satisfaction
of the Employer's Personnel Committee, as designated by the Borough Administrator. The retired
employee seeking reimbursement must submit all proofs of payment to the Administrator no later
than the end of January and July to receive reimbursement.
Page 13 of 19
ARTICLE XVII
MILEAGE
Mileage Reimbursement
The Employer's borough-wide policy regarding payment for automobile mileage, as it may be
formulated from time to time, is hereby incorporated herein by reference.
ARTICLE XVIII
SENIORITY
A. Seniority is defined as an employee's total length of permanent service with the Employer,
beginning with his original date of permanent hire.
B. The Employer shall maintain an accurate, up-to-date seniority roster showing each
employee's date of hire, classification and pay rate and shall furnish copies of same to the Union
upon reasonable request but not more often than one time per month.
A.
ARTICLE XIX
NO-STRIKE PLEDGE
During the term of this Agreement, the Union agrees on behalf of itself and its members
that there will be NO Strike of any kind, including slowdowns and partial strikes, and the Employer
agrees that it will not cause any lockout.
B.
(i) Nothing contained in this Agreement shall be construed to limit or restrict the Employer
in its right to discipline employees (including discharge) in the event of a breach hereof this
provision: Should the Union grieve and arbitrate any disciplinary action taken by the Employer
under this article, the arbitrator shall apply a rebut table presumption of propriety to the disciplinary
remedy selected by the Employer.
(ii) Employer may seek and obtain such judicial relief as it may be entitled to have in law
or in equity, for injunction or damages or both, in the event of breach hereof by the Local Union
or its members.
Page 14 of 19
ARTICLE XX
WORK FORCE CHANGES
A. Whenever an opportunity for promotion occurs or a job opening occurs in other than a
temporary situation in any existing job classification, or as the result of the development or
establishment of a new job classification, a notice of such openings shall be posted on bulletin
boards, stating the job classification, rate of pay, and the nature of the job requirements in order to
qualify. Such posting shall be for a period of not less than five (5) work days. The Employer shall
not be obliged to hire any employee responding under this provision. However, the Employer may
not arbitrarily refuse to hire such respondent.
B.
Employees desiring to transfer to other jobs shall submit an application in writing to their
immediate supervisor. The application shall state the reason for the requested transfer.
C.
Where an employee is subject to an involuntary transfer or relocation, the Employer shall
give written notice of such transfer or relocation to the employee within ten (10) work days prior
to such proposed effective date with a copy to the Shop Steward and to the Union, except in an
emergency (including staffing).
D.
In the event of a work force reduction, the Employer agrees that any layoffs will be done
by reverse seniority.
A.
ARTICLE XXI
UNION MEETINGS
Employees shall be entitled to hold a membership meeting on Employer's or Employer-
related premises, as designated by Employer, upon one week's notice to the Department Head;
provided, however, that such meeting shall be held on non-work time.
B.
The Employer shall give time off with no loss of pay for members of the Local Union
Contract Negotiating Team (but not more than three individuals) to participate in contract
negotiations if such meetings are held during their regular work hours.
A.
ARTICLE XXII
NON-DISCRIMINATION
There shall be no discrimination by the Employer or by the Union against an employee on
account of race, color, creed, sex or national origin, or union membership.
B.
There shall be no discrimination, interference, restraint, or coercion by the Employer or
any of its representatives against any of the employees covered by this Agreement because of their
Page 15 of 19
membership or non-membership in the Union or because of any lawful activities by such
employees on behalf of the Union. The Union, its members and agents shall not discriminate
against, interfere with, restrain, or coerce any employees covered under this Agreement who are
or are not members of the Union.
C.
The Employer shall not be liable to the Union for actions of its representatives acting
outside the scope of their official authority, and employees shall not be disciplined for off job
conduct unless same may affect the performance of their responsibilities or the job function.
D.
To the extent permitted by law, any and all issues arising under this provision shall be
subject to the grievance and arbitration provisions hereof and same shall be the sole and exclusive
remedy for the resolution of such issues.
A.
ARTICLE XXIII
UNION ACTIVITIES
The Employer agrees that during working hours, on the Employer's premises and without
loss of pay, the Shop Steward shall be allowed to:
1.
Post Union notices; provided, however, that such activity shall be performed within
the first fifteen (15) minutes of any particular work day or during any permitted wash up
time;
2. Transmit communications authorized by the Local Union or its officers to the
Employer or its designated representative; and
3. Consult with representatives of the Employer designated for collective bargaining
purposes concerning the enforcement of any provisions of this Agreement, at a mutually
agreeable time and place.
A.
ARTICLE XXIV
WORK RULES
Whenever practicable, the Employer shall provide three (3) days advance notice to the
Shop Steward of any new or amended work rule.
B. An unresolved complaint as to the reasonableness of any new or existing rule, or any complaint
involving discrimination in the application of new existing rules shall be resolved through the
grievance procedure.
Page 16 of 19
ARTICLE XXV
PROTECTION AND SECURITY FOR EMPLOYEES
The Employer shall provide reasonably adequate security and protection at all work installations
for all employees during their respective work shift, within the sole discretion of the Employer.
ARTICLE XXVI
WORKER'S COMPENSATION
The Employer agrees that absences due to any injury sustained in the line of duty will not be
counted against sick time. In such circumstances, the Borough shall maintain the employee at full
pay until such time as the employee returns to work or becomes eligible for and receives a
disability pension. Any insurance payments received by the employee during this period shall be
remitted to the Employer or retained by the employee in which case the Employer shall make up
the difference between such payment and full pay at the Employer's sole discretion.
A.
ARTICLE XXVII
PERSONNEL RECORDS
The Employer agrees to make an employee's personnel records available to the employee
subject to the following conditions:
1.
The employee will have access to the records upon 24 hour advance written request
to the Department Head.
2.
The inspection of an employee's personnel records will be conducted under the
supervision of the department head or his designee.
3.
The employee may have access to his or her personnel records once between
January 1st and June 30th and once between July 1st and December 31st of any calendar year,
except in the case of a grievance or arbitration directly involving the employee as a grievant.
Page 17 of 19
ARTICLE XXVIII
SEPARABILITY AND SAVINGS
If any provision of this Agreement or any application of this Agreement to any employee or group
of employees is held invalid by operation of law or by a Court or other tribunal of competent
jurisdiction, such provision shall be inoperative, but all other provisions shall not be affected
thereby and shall continue in full force and effect.
--- Document: Personnel Policy ---
April 15, 2002
July 17, 2003
August 18, 2005
December 15, 2005
March 17, 2011
June 16, 2011
April 19, 2012
September 19, 2013
April 28, 2014
April 16, 2015
May 9, 2016
September 15, 2016
September 13, 2018
September 13, 2018-A
October 25, 2018
April 12, 2019
February 17, 2022
February 15, 2024
BOROUGH OF KINNELON
PERSONNEL POLICY MANUAL
AND EMPLOYEE HANDBOOK
THE BOROUGH OF KINNELON IS AN EQUAL
OPPORTUNITY EMPLOYER, M/F
i
TABLE OF CONTENTS
Page No.
CHAPTER 1 -
INTRODUCTION
1
CHAPTER 1.01 - PURPOSE OF MANUAL
1
CHAPTER 2 -
BOROUGH OF KINNELON
3
CHAPTER 2.01 - COMMUNITY PROFILE AND DESCRIPTION
OF ORGANIZATION
3
CHAPTER 2.02
ORGANIZATION CHART
4
CHAPTER 3 -
EMPLOYMENT WITH THE BOROUGH OF KINNELON
5
CHAPTER 3.01- DEFINITIONS
5
CHAPTER 3.02 - ANTI-DISCRIMINATION POLICY
5
CHAPTER 3.03 - AMERICANS WITH DISABILITIES ACT POLICY/NEW
6
JERSEY PREGNANT WORKER’S FAIRNESS ACT
CHAPTER 3.04 - RECRUITMENT/SELECTION/APPOINTMENT
7
CHAPTER 3.05 - ORIENTATION OF NEW EMPLOYEES
8
CHAPTER 3.06 - INITIAL EMPLOYMENT PERIOD PROCEDURE
8
CHAPTER 3.07 - CLASSIFICATION/COMPENSATION
9
CHAPTER 3.08 - CHANGES IN EMPLOYMENT STATUS/RESIGNATION
10
CHAPTER 3.09
EMPLOYEE DISCIPLINE POLICY
10
CHAPTER 3.10 - DISCIPLINARY ACTION PROCEDURE
13
CHAPTER 3.11 - GRIEVANCES
14
CHAPTER 3.12 - EMPLOYEE COMPLAINT POLICY
14
CHAPTER 3.13 - EMPLOYEE COMPLAINT INVESTIGATION PROCEDURE
15
CHAPTER 3.14 - EMPLOYEE EVALUATION POLICY
16
CHAPTER 3.15 - PERFORMANCE EVALUATION PROCEDURE
16
CHAPTER 3.16 - ACCESS TO PERSONNEL FILES POLICY
18
CHAPTER 3.17 - PERSONNEL FILE PROCEDURE
19
CHAPTER 3.18
REQUESTS FOR EMPLOYMENT VERIFICATION
20
AND REFERENCE PROCEDURE
CHAPTER 3.19 - BULLETIN BOARD POLICY
21
CHAPTER 3.20 - CRIMINAL HISTORY RECORD BACKGROUND CHECK
21
CHAPTER 3.21 - OPEN PUBLIC MEETINGS ACT PROCEDURE
22
CONCERNING PERSONNEL MATTERS
CHAPTER 3.22 - CONTAGIOUS OR LIFE-THREATENING ILLNESS POLICY
22
CHAPTER 3.23 - DRIVER’S LICENSE POLICY
23
CHAPTER 3.24- CONTINUING EDUCATION PROCEDURE
24
CHAPTER 3.25- CHANGING VITIAL INFORMATION
24
CHAPTER 4 -
EMPLOYEE BENEFITS
25
CHAPTER 4.01 - HEALTH /VISION/MEDICAL CARE BENEFITS
25
CHAPTER 4.02 - PENSION PLAN
26
CHAPTER 4.03 - LIFE INSURANCE
27
ii
CHAPTER 4.04 - WORKERS COMPENSATION
28
CHAPTER 4.05 - UNEMPLOYMENT COMPENSATION
29
CHAPTER 4.06 - DISABILITY BENEFITS
29
CHAPTER 4.07 - EDUCATIONAL BENEFITS
29
CHAPTER 4.08 - FLEXIBLE SPENDING ACCOUNT
30
CHAPTER 5 -
LEAVE OF ABSENCE POLICY
31
CHAPTER 5.01 - REQUESTS FOR LEAVE
31
CHAPTER 5.02 - HOLIDAYS
31
CHAPTER 5.03 - VACATION
32
CHAPTER 5.04 - SICK LEAVE
34
(FULL TIME AND PART-TIME EMPLOYEES)
CHAPTER 5.05 - SICK LEAVE
36
(TEMPORARY PART-TIME EMPLOYEES)
CHAPTER 5.06
PERSONAL DAYS
37
CHAPTER 5.07 - BEREAVEMENT LEAVE
37
CHAPTER 5.08 - FAMILY AND MEDICAL LEAVE ACT POLICY
38
CHAPTER 5.09 - MILITARY LEAVE POLICY
41
CHAPTER 5.10 - JURY DUTY LEAVE
41
CHAPTER 5.11 - SEQUENTIAL MULTIPLE ANALYSIS TEST (SMAC)
42
CHAPTER 5.12 - DOMESTIC VIOLENCE LEAVE
42
CHAPTER 5.13- EMPLOYEE AND RETIREMENT SICK TIME
43
CHAPTER 6 -
WORK SCHEDULE
44
CHAPTER 6.01 - ATTENDANCE & PUNCTUALITY
44
CHAPTER 6.02 - OVERTIME
45
CHAPTER 6.03 - LUNCH/COFFEE BREAKS
45
CHAPTER 6.04 - PERSONAL BUSINESS
46
CHAPTER 6.05 - EMERGENCY CLOSING OF OFFICES
46
CHAPTER 6.06 - EMERGENCY SERVICE VOLUNTEER WORK
46
CHAPTER 6.07 - OTHER EMPLOYMENT
46
CHAPTER 6.08 - TIMESHEETS
47
CHAPTER 7 -
EMPLOYEE CONDUCT/RIGHTS
48
CHAPTER 7.01 - CONFLICT OF INTEREST POLICY
48
CHAPTER 7.02 - POLITICAL ACTIVITY
49
CHAPTER 7.03 - WORKPLACE VIOLENCE
49
CHAPTER 7.04 - GENERAL ANTI-HARASSMENT POLICY
50
CHAPTER 7.05 - ANTI-SEXUAL HARASSMENT POLICY
50
CHAPTER 7.06 - “WHISTLE BLOWER” POLICY
52
CHAPTER 7.07 - DRESS CODE POLICY
53
CHAPTER 7.08 - TELEPHONE PROTOCOL
54
CHAPTER 7.09 - REIMBURSEMENT FOR EXPENSES
54
CHAPTER 7.10 - DRUGS AND ALCOHOL POLICY
54
CHAPTER 7.11 - MEDICAL MARIJUANA
56
CHAPTER 7.12 - COMMUNICATION MEDIA POLICY/SOCIAL MEDIA POLICY
56
iii
CHAPTER 7-13- USE OF INTERNET
60
CHAPTER 7-14- NEPOTISM
62
CHAPTER 7-15- EMPLOYEE DATING POLICY
62
CHAPTER 7.16- ANTI-RECORING POLICY
63
CHAPTER 7.17- SECURITY POLICY
64
CHAPTER 7.18- SAFE TREATMENT OF MINORS
65
CHAPTER 8 - MUNICIPAL FACILITIES AND EQUIPMENT
CHAPTER 8.01 - BUILDING SECURITY
65
CHAPTER 8.02 - SAFETY POLICY
66
CHAPTER 8.03 - USE OF BOROUGH VEHICLES, EQUIPMENT/SUPPLIES
66
CHAPTER 8.04 - SMOKE-FREE BUILDINGS
68
CHAPTER 8.05 - VIDEO SURVEILLANCE
68
APPENDIX A -
RECEIPT FOR PERSONNEL POLICY
MANUAL AND EMPLOYEE HANDBOOK
- 1 -
Chapter 1
INTRODUCTION
This Personnel Policy Manual and Employee Handbook (“Manual”) is an internal document to be
distributed to all Borough employees by the Business Administrator. (*In all instances where the
Business Administrator is referenced, if the office of the Business Administrator is vacant the
Borough Clerk is responsible.) The Borough Administrator shall distribute this Manual to all
Borough employees as set forth herein. Each Borough employee is responsible for the Manual
assigned to him/her. Upon receipt of the Manual, each employee shall acknowledge receipt and
review of the Manual by returning a signed “Receipt for Personnel Policy Manual” form to the
Business Administrator. A copy of said receipt is attached to this Manual at Appendix G. Should
the office of Business Administrator* be vacant, the Receipt form should be returned to the
Borough Clerk. All signed Receipt forms shall be filed with and retained by the Borough Clerk.
This Manual, dated September 13, 2018, was approved in its entirety via Resolution No.
_________ which was adopted by the Borough Council on September 13, 2018. All revisions to
this manual shall be enacted by Resolution by the Borough Council. Upon adoption of said
Resolution, the Business Administrator shall revise the affected portions of the Manual and
distribute the revised and updated page(s) of the Manual to all employees. The Business
Administrator or Borough Clerk shall maintain a log of all revisions and updates to the Manual.
The Borough Council Personnel Committee shall review the Manual annually for revisions or
updates to the Manual and recommend said revisions or updates (if any) to the Borough Council.
Chapter 1.01
PURPOSE OF MANUAL
Purpose of Manual: The purpose of this Manual is to inform Borough employees, including the
Board of Health, of their rights, personnel policies, rules and regulations. It is the policy of the
Borough of Kinnelon to treat employees and prospective employees in a manner consistent with
all applicable employment laws and regulations. The personnel policies and procedures of the
Borough of Kinnelon shall apply to all employees, volunteers, elected officials, appointed officials
and independent contractors. The Borough Police Officers are covered under a separate collective
bargaining agreement and Standard Operation Procedures (SOP) and are excluded except where
the agreement and the SOP are silent. The Borough Department of Public Works is covered by a
separate collective bargaining agreement and is excluded except where the agreement is silent.
This Manual does not apply to the Kinnelon Public Library which operates under separate but
similar policy.
DISTRIBUTION OF PERSONNEL POLICY MANUAL
REVIEW AND UPDATE OF MANUAL
- 2 -
The policies contained in this Manual are not intended to void, replace or conflict with state or
federal laws, or with labor contracts, all of which supersedes local policies and practices. When a
contract is silent on a particular issue, the policy, procedure and/or guideline contained in this
Manual shall be in force. An employee who violates policies or procedures contained in this
Manual may be subject to disciplinary action.
This Manual adopted by the Governing Body of the Borough of Kinnelon is intended to provide
guidelines covering public service by Borough employees and is not a contract. This Manual
contains many, but not necessarily all, of the rules, regulations and conditions of employment for
Borough personnel. The provisions of this Manual may be amended and supplemented from time
to time without notice and at the sole discretion of the Borough.
The Borough reserves the right to rescind or revise any or all policies that are not set by any valid
bargaining agreement, state or federal laws or the New Jersey Administrative Code. Furthermore,
the Borough of Kinnelon hereby retains and reserves unto itself, without limitation, all powers,
rights, authorities, duties and responsibilities conferred upon and vested in it by the laws and
Constitution of the State of New Jersey and of the United States including, but not limited to, the
following rights:
1. To manage and control the affairs of the Borough of Kinnelon and its properties and
facilities, the operation of its departments and the work activities and scheduling of its
employees;
2. To hire all employees and to determine their qualifications, standards of performance and
conditions for continued employment or assignment, promotion and transfer;
3. To layoff, suspend, demote, discharge or take other disciplinary action for good and just
cause according to law;
4. To establish rules, regulations, policies and procedures to effect the orderly, efficient
administration of the Borough of Kinnelon’s personnel management system.
Users of this Manual who encounter difficulty in administering or interpreting any policy or
procedure in the Manual should discuss this with his/her Department Supervisor or Council
Liaison.
To the maximum extent permitted by law, the employment practices of the Borough of
Kinnelon shall operate under the legal doctrine known as “Employment at Will”. Within federal
and state law, and any applicable bargaining unit agreement, the Borough shall have the right
to terminate an employee at any time and for any reason, with or without notice, except the
Borough shall comply with all federal and state legal requirements requiring notice and an
opportunity to be heard in the event of discipline or dismissal.
- 3 -
Chapter 2
BOROUGH OF KINNELON
Chapter 2.01
COMMUNITY PROFILE AND DESCRIPTION OF ORGANIZATION
The Borough of Kinnelon was incorporated in 1922. Kinnelon is a suburban community located
in the County of Morris in the northwest portion of New Jersey. Kinnelon covers an area of 19.7
square miles and is approximately 42% residential, 1% commercial, 18% conservation and water
and 39% undeveloped. The population of Kinnelon is approximately 9,500.
The Borough of Kinnelon is governed by a Mayor and six Council members (also referred to as
the “Governing Body”), all of whom are elected by the residents. They are responsible for
establishing laws and policies for the Borough.
Council members in their capacity as Committee Chairs, serve as Council Liaison to the various
Borough departments. There are approximately 85 full-time, part-time and hourly employees of
the Borough. Additionally, there are numerous volunteers who serve on various committees and
commissions.
Separate and autonomous public entities, which serve Borough residents and businesses, include
the Kinnelon Board of Education (Kinnelon Public Schools), the Kinnelon Free Public Library
and the Kinnelon Volunteer Fire Department. They are funded by the Borough through the
Governing Body. Although these are separate and distinct organizations, there is substantial inter-
organizational cooperation, coordination and interfacing between the Borough and the
aforementioned public entities.
- 4 -
- 5 -
Chapter 3
EMPLOYMENT WITH THE BOROUGH OF KINNELON
Chapter 3.01
DEFINITIONS:
Full Time Employees: Full time employees are Borough employees who work 35 hours per week.
Part-Time Employees: Part-time employees are Borough employees who work a scheduled
twenty (20) hours per week with 1,000 hours per year on a regular basis in that calendar year.
Temporary Part-Time Employees: Temporary part-time employees are part-time employees on
the payroll who work on a temporary or irregular basis, less than 1,000 hours per year.
Exempt Employees: Exempt employees are those employees whose work is executive,
administrative, supervisory, or professional, or who are otherwise exempt from the provisions of
the Fair Labor Standards Act (FLSA).
Non-Exempt Employees: Non-exempt employees are employees whose work is not executive,
administrative, supervisory, or professional, or who otherwise come under the provisions of the
FLSA.
Department Supervisor: The Department Supervisor is an employee who supervises the
personnel and activities of a Borough department.
Council Liaison: The Council person assigned to act as liaison between a department, board or
commission and the Borough Council.
Chapter 3.02
ANTI-DISCRIMINATION POLICY
The Borough is committed to the principle of equal employment opportunity and anti-
discrimination pursuant to Title VII of the 1964 Civil Rights Act as amended by the Equal
Opportunity Act of 1972 and the New Jersey Law Against Discrimination as amended by the New
Jersey Pregnant Worker’s Fairness Act (LAD). Under no circumstances will the Borough
discriminate on the basis of sex, race, creed, color, religion, national origin, ancestry, age, marital
or political status, affectional or sexual orientation, domestic partnership status, civil union status,
atypical heredity, cellular or blood trait, genetic information, disability (including AIDS or HIV
infection), pregnancy (including pregnancy related medical condition), childbirth, breastfeeding,
liability for service in the United States armed forces, gender identity or expression, and/or any
other characteristic protected by law. Decisions regarding the hiring, promotion, transfer, demotion
or termination are based solely on the qualifications and performance of the employee or
prospective employee. If any employee or prospective employee feels they have been treated
unfairly, they have the right to address their concern with their Department Supervisor, Council
Liaison or Borough Attorney.
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Chapter 3.03
AMERICANS WITH DISABILITIES ACT POLICY/NEW
JERSEY PREGNANT WORKER’S FAIRNESS ACT
In compliance with the Americans with Disabilities Act, the ADA Amendments Act and the New
Jersey Law Against Discrimination as amended by the New Jersey Pregnant Worker’s Fairness
Act (LAD), the Borough does not discriminate based on disability, pregnancy, pregnancy related
medical condition or childbirth. The Borough will endeavor to make every work environment
handicap assessable and all future construction and renovation of facilities will be in accordance
with applicable barrier-free Federal and State regulations and the Americans with Disabilities Act
Accessibility Guidelines, as well as the ADA Amendments Act.
It is the policy of the Borough to comply with all relevant and applicable provisions of the
Americans with Disabilities Act, the ADA Amendments Act and LAD. We will not discriminate
against any employee or job applicant with respect to any terms, conditions, or privileges of
employment on the basis of a known or perceived disability, pregnancy, childbirth, breastfeeding,
or pregnancy related medical condition. We will also make reasonable accommodations to known
physical or mental limitations of all employees and applicants with disabilities or pregnant,
provided that the individual is otherwise qualified to safely perform the essential functions of the
job and also provided that the accommodation does not impose undue hardship on the Borough.
The Personnel Committee shall engage in an interactive dialogue with disabled/pregnant
employees and prospective disabled/pregnant employees to identify reasonable accommodations
or their respective physician. In the case of an employee breastfeeding her infant child, the
accommodation shall include reasonable break time each day to the employee and a suitable room
or other location with privacy, other than a toilet stall, in close proximity to work area for the
employee to express breast milk for the child. All decisions with regard to reasonable
accommodation shall be made by the Personnel Committee. Employees who are assigned to a new
position as a reasonable accommodation will receive the salary for their new position. The
Americans with Disabilities Act does not require the Borough to offer permanent “light duty”,
relocate essential job functions, or provide personal use items such as eyeglasses, hearing aids,
wheelchairs, etc.
Employees should also offer assistance, to the extent possible, to any member of the public who
requests or needs an accommodation when visiting Borough facilities. Any questions concerning
proper assistance should be directed to the Personnel Committee.
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Chapter 3.04
RECRUITMENT/SELECTION/APPOINTMENT
Filling Vacant Positions: All recruitment activities shall be conducted and appointments shall be
made in accordance with the anti-discrimination and equal employment opportunity policies set
forth above.
Candidates will be recruited for any vacant, authorized and funded position. Notices are posted on
official Borough bulletin boards and may be advertised in the local newspaper(s) if the vacancy is
not filled internally. Additionally, the Borough Clerk may check the current file of applications to
determine if there are any qualified candidates.
The pool of potential candidates is reviewed by the Department Supervisor who also conducts
interviews. The Council Liaison/Personnel Committee may choose to participate in the initial or
final interviews.
The Personnel Committee approves the selected candidate prior to hiring.
After a candidate is selected, the Borough shall verify previous employment, check references,
check driver's license and driving record if appropriate and conduct any necessary background
investigations, including residency verification. The Borough shall notify all selected candidates
that they will be required to submit to a pre-employment drug screening to be taken at Chilton
Memorial Hospital or Saint Claire-Riverside Medical Center prior to the date of appointment. All
selected candidates will be asked to sign an appropriate consent form prior to undergoing a drug
screen. Failure of selected candidates to do so will eliminate them from consideration for
employment. Consistent with the provisions of the Americans with Disabilities Act, all selected
candidates may be required to submit to a pre-employment physical examination prior to the date
of appointment. This examination will be used to establish pre-existing conditions and will result
in the candidate's rejection if he/she will be unable to perform the duties of the position.
Any job offer made to a selected candidate will be made contingent on the result of the physical
examination (if required) and the drug screening. Under no circumstances may employment begin
before the drug screening results are made. In the absence of reasonable medical explanation as
judged by Chilton Memorial Hospital or Saint Claire-Riverside medical Center, a job offer made
to a selected candidate will be rescinded if the results of the drug screening test for said selected
candidate are positive. All drug screening results shall be treated in a confidential fashion and will
only be reviewed by those Borough officials who have a need to access the information.
The Department Supervisor will provide a successful candidate with a letter of appointment and
require completion of forms. Employees hired as "provisional" employees must meet specific
requirements to obtain "permanent" status.
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No one shall be hired, promoted or placed to directly supervise, or be supervised by, a family
member. For the purpose of this policy, a family member shall mean a spouse, child, parent or
sibling. The Borough Council may broaden this policy to protect the interest of the Borough in
avoiding supervision by other family members or significant others.
All newly hired Borough employees shall be subject to a review by their Department Supervisor
at the end of their first three months of employment. Thereafter, every employee will be reviewed
by his/her Department Supervisor on an annual basis during the second quarter and a performance
evaluation will be prepared by his/her Department Supervisor, reviewed with the employee and
made part of the employee’s personnel file. Every Department Supervisor will be reviewed and
evaluated by his/her Council Liaison.
Employability Proof: After acceptance, but before starting employment, all new employees shall
be required to fill out an employment verification form (I9) and to provide acceptable proof of
right to employment in the United States.
Chapter 3.05
ORIENTATION OF NEW EMPLOYEES
New employees receive orientation and their job description from their Department Supervisor.
Department Supervisors receive their orientation and their job description from their Council
Liaison. Department Supervisors will welcome new employees, introduce them to co-workers,
familiarize them with their workplace and departmental procedures and provide them with a copy
of this Manual. The appropriate Council Liaison will perform these duties for a Department
Supervisor.
Chapter 3.06
INITIAL EMPLOYMENT PERIOD PROCEDURE
Except where State requirements direct otherwise, new employees (or present employees
transferring to new positions) will be hired subject to an initial employment period of 3 months.
During this initial employment period, the new employee or transferee will be provided with
training and guidance from the Department Supervisor. At the end of the initial employment
period, the Department Supervisor will conduct an employee evaluation - see Performance
Evaluation Procedure. New employees may be discharged at any time during this period if the
Department Supervisor or Council Liaison concludes that the employee is not progressing or
performing satisfactorily. Under appropriate circumstances, the Department Supervisor or Council
Liaison may extend the initial employment period. (Newly hired employees are not eligible for
payment of paid time off except holidays until the successful completion of their initial
employment period.)
Nothing in the procedure set forth in this section shall alter the Borough’s employment at will
policy. Employment with the Borough is at will and may be terminated at any time with or without
cause or notice by the Borough or the employee.
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Chapter 3.07
CLASSIFICATION/COMPENSATION
Classification/Reclassification: The Borough Clerk maintains a job description file for each
department position. When duties and responsibilities of a position change to the extent that the
job title is no longer appropriate, the Department Supervisor, with the approval of the Council
Liaison or Personnel Committee, re-classifies the position. Additionally, each department
develops general job descriptions for positions within the department and may reclassify same
upon request by the Council Liaison or Personnel Committee.
Compensation: Each paid position within the Borough is assigned a pay classification in the
Salary Ordinance.
Compensation is paid every two weeks.
Payroll Deductions: Deductions from paychecks may include the following:
DEDUCTION
SHOWN ON PAYCHECK
• Federal Income Tax
FED TAX
• State Withholding Tax
STATE NJ
• Social Security
FICA TAX
• Medicare
MED
• State Unemployment Insurance
NJ UNEMP
• Disability Tax
NJ DISB
• Police & Fire Retirement Pension
PFRS PENSION
• Police & Fire Pension Loan
PFRS LOAN
• Public Employees Retirement Pension
PERS PENSION
• Public Employees Retirement Loan
PERS LOAN
• Contributory Insurance
PERS CI
• Deferred Compensation
DEF COMP
• Savings Bonds
BONDS
• Probation Support Deduction
SUPPORT
• AFSCME Union Dues
DPW DUES
• Local Union #341 P.B.A.
PBA DUES
• IBEW #164
BOROUGH DUES
• Court Ordered Wage Garnishments
GARNISHMENT
• Health Insurance
HEALTH
• Flexible Spending Account
FSA
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Chapter 3.08
CHANGES IN EMPLOYMENT STATUS/RESIGNATION
Any change in employment status will be made in accordance with department needs and job
descriptions.
Resignations: Employees are expected to provide as much notice as possible to their Department
Supervisor regarding resignations. In order to have "resigned in good standing," an employee must
provide at least ten (10) working days notice in writing. If less than ten (10) working days notice
is given, the resignation will be considered "not in good standing." Employees are considered to
have abandoned their positions and thus resigned "not in good standing" when they are absent
from duty for five (5) or more consecutive working days without approval.
Exit Interview: On or about the last working day for an employee, the Department Supervisor
and/or the Council Liaison will attempt to advise the employee of his/her rights and benefits as an
employee separated from service to the Borough of Kinnelon, to offer the employee an opportunity
to discuss the reason for his/her resignation and offer comments on his/her experiences in working
for the Borough of Kinnelon.
Badges, photo identification cards, vehicles, clothing, keys, swipe cards, beepers, radios, tools,
this Manual and/or any other Borough property, passwords and codes must be turned over to the
Borough and Borough-paid telephone service must be terminated prior to, or on, the last day of
employment.
Chapter 3.09
EMPLOYEE DISCIPLINE POLICY
An employee may be subject to discipline for any of the following reasons:
• Falsification of public records, including attendance and other personnel records.
• Failure to report absence.
• Harassment of co-workers and/or volunteers and/or visitors.
• Theft or attempted theft of property belonging to the Borough, fellow employees,
volunteers or visitors.
• Failure to report to work day or days prior to or following a vacation, holiday and/or leave,
and/or any other unauthorized day of absence.
• Fighting on Borough property at any time.
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• Being under the influence of intoxicants (e.g., liquor) or illegal drugs (e.g., cocaine or
marijuana) on Borough property and at any time during work hours.
• Possession, sale, transfer or use of intoxicants or illegal drugs on Borough property and at
any time during work hours.
• Insubordination.
• Entering the building without permission during non-scheduled work hours.
• Soliciting on Borough premises during work time. This includes but is not limited to
distribution of literature or products or soliciting membership in fraternal, religious, social
or political organizations, and/or sales of products, such as those from Avon, Amway, etc.
• Careless waste of materials or abuse of tools, equipment or supplies.
• Deliberate destruction or damage to Borough or suppliers’ property.
• Sleeping on the job.
• Carrying weapons of any kind on Borough premises and/or during work hours, unless
carrying a weapon is a function of your job duties.
• Violation of established safety and fire regulations.
• Unscheduled absence, and chronic or excessive absence.
• Chronic tardiness.
• Unauthorized absence from work area, and/or roaming or loitering on the premises, during
scheduled work hours.
• Defacing walls, bulletin boards or any other Borough or supplier property.
• Failure to perform duties, inefficiency or substandard performance.
• Unauthorized disclosure of confidential Borough information.
• Gambling on Borough premises.
• Horseplay, disorderly conduct and use of abusive and/or obscene language on Borough
premises.
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• Deliberate delay or restriction of your work effort, and/or incitement of others to delay or
restrict their work effort.
• Conviction of a crime or disorderly persons offense.
• Violating any Borough rules or policies.
• Conduct unbecoming a public employee.
• Violation of Borough policies, procedures and regulations.
• Violation of Federal, State or Borough laws, rules, or regulations concerning drug and
alcohol use and possession.
• Misuse of public property, including motor vehicles.
• Unauthorized use of computers, Internet, and email.
• Other sufficient cause.
Major disciplinary action includes termination, disciplinary demotion or suspension or fine
exceeding five working days. Minor discipline includes a formal, written reprimand or a
suspension or fine of five working days or less. Employees who object to the terms or conditions
of the discipline are entitled to a hearing under the applicable grievance procedure. In every case
involving employee discipline, employees will be provided with an opportunity to respond to
charges either verbally or in writing.
In cases of employee misconduct, the Borough believes in corrective action for the purpose of
correcting undesirable behavior and preventing a recurrence of that behavior. The corrective
action taken will be related to the gravity of the situation, the number and kind of previous
infractions and other circumstances. In every case, employees will be given an opportunity to state
the situation from their point of view.
In order to correct undesirable behavior, supervisors and managers may utilize the following
corrective tools: verbal reprimand; Council Liaison review; written reprimand; suspension; fines,
and, dismissal. At the discretion of the Borough, action may begin at any step, and/or certain steps
may be repeated or by-passed, depending on the severity and nature of the infraction and the
employee’s work/disciplinary record.
Neither this Manual nor any other Borough guidelines, policies or practices create an
employment contract. Employment with the Borough may be terminated at any time with or
without cause or reason by the employee or the Borough.
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Chapter 3.10
DISCIPLINARY ACTION PROCEDURE
All employees are expected to meet the Borough’s work performance standards. The intent of the
Disciplinary Action Procedure is to formally document problems and provide the employee with
a reasonable time to improve performance. The process should encourage development by
providing employees with guidance in areas that need improvement such as poor work
performance, attendance problems, personal conduct, general compliance with the Borough’s
policies and procedures and other disciplinary problems.
Should a Department Supervisor believe that an employee is not conforming to the Borough’s
policies and rules or to specific instructions, or has acted improperly, the Department Supervisor
will first privately discuss the matter with the employee to obtain the employee's view. If the
Department Supervisor determines that the employee has acted improperly, the Department
Supervisor shall take one of the following actions depending upon the gravity and the employee's
past record. At the discretion of the Department Supervisor and the Council Liaison, action may
begin at any step, and/or certain steps may be repeated or by-passed.
• Verbal Reprimand: Depending on the circumstances, the Department Supervisor may
verbally notify the employee that the employee's actions have been improper and warn the
employee against further occurrences. The Department Supervisor will prepare a record of
the verbal reprimand including the date, time and what was discussed with the employee.
This record must be forwarded to the Department Supervisor for the employee’s official
personnel file.
• Council Liaison Review: Should the Department Supervisor consider the offense
sufficiently serious to warrant consideration by the Council Liaison, the employee will be
so advised and a meeting arranged with the Council Liaison at the earliest possible date.
All facts should be detailed at this meeting and, if possible, a determination will be made
at that time of disciplinary action, if any.
• Written Reprimand: When a Department Supervisor determines that a written reprimand
is appropriate, the situation must be discussed with the Council Liaison. The reprimand
should clearly identify the problem and outline a course of corrective action within a
specific time frame. The employee should clearly understand both the corrective action and
the consequence (i.e., termination) if the problem is not corrected or reoccurs. The
employee should acknowledge receipt of the warning and may include additional
comments. A copy of the written reprimand with the signed acknowledgement and
comments must be forwarded to the Department Supervisor for the employee’s official
personnel file.
• Suspension: Whenever an employee is recommended for suspension, the Council Liaison
and/or Personnel Committee will make the decision and may seek the advice of the
Borough Attorney if appropriate. Suspended Employees may request a hearing under the
applicable grievance procedure.
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• Dismissal: Whenever an employee is recommended for dismissal, the Council Liaison and
Personnel Committee will make the decision only after seeking the advice of the Borough
Attorney. There must be a complete review of the employee’s personnel file and all other
facts to determine if there is sufficient cause for the dismissal. Terminated employees may
request a hearing under the applicable grievance procedure.
Chapter 3.11
GRIEVANCES
Employees who have grievances, complaints or disagreements with the interpretations,
applications or violation of established policies, agreements or administrative decisions are
encouraged to try to resolve these problems by discussing them frankly with their Department
Supervisor.
Employees may submit a written request to their Council Liaison to discuss the problem if they
are not satisfied with the initial response. The Council Liaison may refer the matter to the Personnel
Committee. If the issue continues to remain unresolved, it may be submitted to the Governing
Body, in writing, for resolution.
Chapter 3.12
EMPLOYEE COMPLAINT POLICY
Employees who observe actions they believe to constitute harassment, sexual harassment, or any
other workplace wrongdoing should immediately report the matter to their Department Supervisor,
or, if they prefer, or do not think that the matter can be discussed with their Supervisor, they should
contact the Council Liaison, Personnel Committee or Borough Attorney. Reporting of such
incidents is encouraged both when an employee feels that he or she is subject to such incidents, or
observes such incidents in reference to other employees. Employees should report incidents in
writing using the Employee Complaint form, but may make a verbal complaint at their discretion.
If the employee has any questions about what constitutes harassment, sexual harassment, or any
other workplace wrongdoing, they may ask their Department Supervisor or one of the individuals
listed above. All reports of harassment, sexual harassment, or other wrongdoing will be promptly
investigated by a person who is not involved in the alleged harassment or wrongdoing.
No employee will be penalized in any way for reporting a complaint. There will be no
discrimination or retaliation against any individual who files a good-faith harassment complaint,
even if the investigation produces insufficient evidence to support the complaint, and even if the
charges cannot be proven. There will be no discrimination or retaliation against any other
individual who participates in the investigation of a complaint.
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If the investigation substantiates the complaint, appropriate corrective and/or disciplinary action
will be swiftly pursued. Disciplinary action up to and including discharge will also be taken against
individuals who make false or frivolous accusations, such as those made maliciously or recklessly.
Actions taken internally to investigate and resolve harassment complaints will be conducted
confidentially to the extent practicable and appropriate in order to protect the privacy of persons
involved. Any investigation may include interviews with the parties involved in the incident, and
if necessary, with individuals who may have observed the incident or conduct or who have other
relevant knowledge. The complaining employee will be notified of a decision at the conclusion of
the investigation within a reasonable time from the date of the report an incident.
Chapter 3.13
EMPLOYEE COMPLAINT INVESTIGATION PROCEDURE
Employees have the right to formally or informally report any statement, act, or behavior by a
co-employee, supervisor, elected official or visitor that they believe to be improper.
• Reporting: Employees should be asked to report complaints in writing utilizing the
Employee Complaint form, but are not compelled to do so.
• Identification/Screening: The Department Supervisor, Council Liaison and Borough
Attorney must report all written or verbal complaints to the Personnel Committee unless
the complaint is against a member of the Personnel Committee. Upon receipt, the
Personnel Committee will determine if the complaint was made pursuant to the General
Anti-Harassment Policy, the Anti-Sexual Harassment Policy, the Whistle Blower Policy, a
grievance procedure or is another form of complaint. A file will be established including
the written complaint, the investigation procedure followed and the response action plan.
As soon as possible but no later than ten days after receiving the complaint, the Personnel
Committee or investigator appointed by the Personnel Committee will interview the
employee. If the employee is reluctant to sign a written complaint, the Personnel
Committee or investigator will prepare written notes of the date, time and place of the
complaint and the specific allegations. These notes will be read back to the employee who
will be asked to affirm, preferably in writing the information’s accuracy.
• Investigation: The Personnel Committee will seek the advice of the Borough Attorney
when planning the investigation. The investigation should be conducted by the Borough
Attorney or county prosecutor if it involves potential criminal charges. The investigation
should establish the frequency and nature of the alleged conduct and whether the complaint
coincides with other employment events such as a poor performance evaluation. The
investigation should also determine if other employees were subjected to similar
misconduct. It is important to protect the rights of both the person making the complaint
and the alleged wrongdoer.
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• Response Plan – No Corrective Action Required: The Personnel Committee will discuss
the conclusions with the Borough Attorney and render a decision within fourteen days after
the investigation is complete. If the validity of a complaint cannot be determined or the
complaint is groundless, the complaining employee should be notified in writing. Care
should be taken to avoid being too specific, confrontational or accusatory and to avoid any
language that might be construed as defamatory. A general statement is usually more
appropriate that the claim was thoroughly investigated, but could not be sufficiently
documented or confirmed to justify taking formal action. The employee should be assured
that future complaints will be investigated and that the Borough is committed to eliminating
wrongful employment practices when they are found to exist. If the investigation reveals
that the complainant intentionally and maliciously levied false charges against the alleged
wrongdoer, the complainant must be notified of the seriousness of filing a false complaint,
and the appropriate disciplinary penalty under the circumstances, up to and including
termination.
● Response Plan – Corrective Action Required: If the investigation reveals that the
complaint is justified and substantiated, the Personnel Committee will formulate with the
advice of the Borough Attorney a corrective action plan as well as possible disciplinary
action. The complaining employee will be notified, in writing that it appears that the
complaint was justified and an appropriate response plan has been formulated. A copy of
the response plan should be attached to the letter. The response plan should provide for
appropriate remedial action to prevent a recurrence of the wrongful act or behavior.
Chapter 3.14
EMPLOYEE EVALUATION POLICY
The Department Supervisor will complete a written evaluation and appraisal form for every
employee to measure progress and to encourage self-improvement at least once a year. The
evaluation will also record additional duties performed, educational courses completed as well as
a plan to correct any weak points using the Employee Counseling form. After completing the
evaluation, the Department Supervisor will review the results with the employee and return the
form(s) with the signed acknowledgement to the Personnel Committee. After review by the
Personnel Committee, the form(s) shall be placed in the employee’s official personnel file. As a
part of the evaluation, employees have the right to request a conference with the Personnel
Committee.
Chapter 3.15
PERFORMANCE EVALUATION PROCEDURE
Periodic evaluations are critical to create a formal record of an employee’s performance over time
and establish a foundation for personnel actions such as promotion and termination. In addition
to day-to-day feedback to the employee, a performance evaluation must be conducted for all
employees at least annually. The completed appraisal becomes part of an employee's permanent
record.
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Performance discussions must also provide employees with guidance regarding their ability to
meet job standards. Extraordinary skills or abilities should be recognized in addition to areas for
improvement. Department Supervisors should review future training needs and career planning.
The reviewer should also encourage the employee to make suggestions about how the department
can improve. The reviewer should ask employees for feedback regarding the employee’s skills as
they relate to communication, team building, delegation, and sensitivity to needs of subordinates.
Open communication is the key to improvement.
• Setting the Stage: The reviewer must create a productive climate for the discussion. In
preparing the evaluation form, prior evaluations should be reviewed to identify trends.
Employees must be notified in advance of the meeting and should be given a copy of the
blank evaluation form. The meeting should be private without interruptions in a
comfortable environment.
• Confirm Expectations: The reviewer should start the discussion of each performance area
by reviewing expectations. Ask the employee to confirm the employee’s understanding of
job requirements. Refer to the job description as appropriate.
• Rating: Continue the discussion by giving the employee’s rating in each performance
area. The Department Supervisor should be prepared to refer to documentation.
Employees should be evaluated based on set standards, not as they compare to other
employees. It is rare that any person’s rating in all areas is either high or low. The
evaluation should consider performance during the entire period, not just the recent past.
Care should be taken to avoid allowing one aspect of a person's performance to overshadow
all other performance factors be it positive or negative. Ideally, each performance area
should be evaluated individually based on specific behaviors exhibited.
• Discussing Future Plans: This is where the reviewer should turn to the discussion to the
future performance and development of the employee. A Counseling Action Plan form
must be completed if any item is rated “Needs Improvement” or “Does Not Meet Minimum
Standards.” Specific performance goals must be established for the next review period
along with plans for achieving those goals.
• Closing the Discussion: When all performance areas have been discussed, close the
discussion by summarizing all of ratings in an overall rating for the review period.
It is crucial that all reviewers complete the evaluation forms with care and with complete candor.
Although reviewers are encouraged to set forth areas of strength and utilize tact in presenting
criticism, it is important that all performance issues of any significance be addressed thoroughly
and in unambiguous terms in the evaluation form, and verbally with the employee.
Exceeds Expectations means consistently exceeds established standards in most
areas of responsibility. All requirements must be met and objectives achieved
above the established standards.
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Meets Job Requirements means all job requirements were met and planned
objectives accomplished within established standards. There were no critical areas
where accomplishments were less than planned.
Needs Improvement means performance in one or more critical areas does not meet
expectations. Not all planned objectives were accomplished within the established
standards and some responsibilities were not completely met.
Does Not Meet Minimum Standards means performance is unacceptable and
important objectives have not been accomplished. Needs immediate
improvement.
After completing the evaluation, the reviewer will return the form(s) with the signed
acknowledgement to the Personnel Committee. After review by the Personnel Committee, the
form(s) are to be included in the employee’s official personnel file. As a part of the evaluation,
employees have the right to request a conference with the Personnel Committee.
Chapter 3.16
ACCESS TO PERSONNEL FILES POLICY
The official personnel file for each employee shall be maintained by the Personnel Committee.
Personnel files are confidential records that must be secured in a locked cabinet and will only be
available to authorized managerial and supervisory personnel on a need-to-know basis. Records
relating to any medical condition will be maintained in a separate file. Electronic personnel and
medical records must be protected from unauthorized access.
Upon request, employees may inspect their own personnel files at a mutually agreeable time on
the Borough premises in the presence of the Council Liaison or member of the Personnel
Committee. The employee will be entitled to see any records used to determine his or her
qualification for employment, promotion or wage increases and any records used for disciplinary
purposes. Employees may not remove any papers from the file. Employees will be allowed to have
a copy of any document they have signed relating to their obtaining employment. Employees may
add to the file their versions of any disputed item.
Personnel files do not contain confidential employee medical information. Any such information
that the Borough may obtain will be maintained in separate files and treated at all times as
confidential information. Any such medical information may be disclosed under very limited
circumstances in accordance with any applicable legal requirements.
The Borough endeavors to maintain the privacy of personnel records. There are limited
circumstances in which the Borough will release information contained in personnel or medical
records to persons outside the Borough. These circumstances include:
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• In response to a valid subpoena, court order or order of an authorized administrative
agency;
• To an authorized governmental agency as part of an investigation of the Borough's
compliance with applicable law;
• To the Borough's agents and attorneys, when necessary;
• In a lawsuit, administrative proceeding, grievance or arbitration in which the employee and
the Borough are parties;
• In a workers’ compensation proceeding;
• To administer benefit plans;
• To an authorized health care provider;
• To first aid or safety personnel, when necessary; and
● To a potential future employer or other person requesting a verification of your
employment as described in the section titled, “Requests for Employment Verification and
Reference Procedure.”
Chapter 3.17
PERSONNEL FILE PROCEDURE
The official personnel files shall be maintained by the Personnel Committee and employee medical
information will be maintained in a separate file. At least annually, the Personnel Committee will
review files to make sure they are up-to-date.
The official file shall include at least the following:
• The original application signed by the employee;
• Notes from any pre-employment interview and reference check;
• The original letter detailing an offer of employment and any additional correspondence
concerning the employee’s hiring;
• A signed acknowledgement that the employee received a copy of the Employee Complaint
Policy letter;
• A signed acknowledgement that the employee has received this Manual;
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• A signed acknowledgement that the employee received the safety orientation;
• Annual written performance evaluations including documentation that the evaluation was
reviewed with the employee;
• Counseling Action Plans;
• Records relating to on-the-job accidents;
• Disciplinary actions including an acknowledgement that the employee was notified of the
proposed disciplinary action and was given an opportunity to respond;
• Records relating to any other employment actions including promotions, demotions,
transfers, resignations, leaves, etc.;
• Educational transcripts; and
• Any other pertinent information.
Chapter 3.18
REQUESTS FOR EMPLOYMENT
VERIFICATION AND REFERENCE PROCEDURE
Inquiries and written requests for references or employment verification regarding a current or
former employee must be referred to the Personnel Committee. No employee may issue a reference
letter without the permission of the Personnel Committee. Under no circumstances should any
information be released over the phone.
In response to a request for information, the Personnel Committee will only verify an employee's
name, dates of employment, job title, department and final salary. No other data or information
will be furnished unless (1) the Borough is required to release the information by law or (2) the
employee or former employee authorizes the Borough in writing to furnish this information and
releases the Borough from liability.
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Chapter 3.19
BULLETIN BOARD POLICY
Employment notices which are required to be posted by federal or state laws and any other
governmental agencies will be posted on bulletin boards in the following locations:
• Municipal Building – Bulletin Board in Lobby
• Outside of Police Lunchroom
• Department of Public Works - Garage and Supervisor's Office
• Kinnelon Library
Only personnel authorized by the Governing Body may post, remove, or alter any notice.
Chapter 3.20
CRIMINAL HISTORY RECORD BACKGROUND CHECK
Designated official or Officer: In accordance with chapter 22 of the Code of the Borough of
Kinnelon, the Borough of Kinnelon Chief of Police, or his designee, (“Officer”) is hereby
authorized to request a criminal history record background check (“background check”) of any
employee of the Borough.
Background Check: A Department Supervisor or the Personnel Committee may request that the
Officer perform a background check of an individual seeking employment with the Borough. Any
individual subject to a background check shall complete an SBI-19 form for New Jersey fingerprint
identification purposes, as provided by the Division of State Police, and an FC-528 Federal
fingerprint card in accordance with applicable State and Federal laws, rules and regulations. Said
individual may also be required to submit to a name search, which shall necessitate the need for
the employee to complete an SBI-212 form, in its entirety. The Officer shall advise the potential
employee that the furnishing of his or her social security number is voluntary and if provided, will
only be used for purposes of processing request for criminal history record information.
Prospective employees are to schedule an appointment at a Morpho Trak location in New Jersey
for fingerprinting. The results of this will be sent directly to the Chief of Police who will inform
the Personnel Committee if the prospective employee has received a clean fingerprint report. If the
report is acceptable, the employee will be reimbursed for the cost of the appointment.
If the criminal history record information may disqualify an individual from employment with the
Borough, said individual shall be provided with adequate notice and an opportunity to confirm or
deny the accuracy of the information contained in the record. Said individual shall be afforded a
reasonable time to correct or complete the record prior to a final determination or decision
concerning his and her eligibility for employment. An individual is presumed innocent of any
pending charges or arrests for which there are no final dispositions indicated on the record.
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For the purpose of determining the accuracy of a criminal history background check record, any
individual may request a fingerprint search on his or her personal criminal history record by
submitting the fee specified in N.J.A.C.13:59-1.3(a) and the form specified in N.J.A.C.13:59-
1.4(a) to the New Jersey State Police SBI or submitting the fee and form required by 28 CFR
16:30, et seq., for a federal search.
The rules and regulations governing a criminal history record background check for noncriminal
justice purposes are set forth at length in N.J.A.C.13:59-1.1, et seq.
Chapter 3.21
OPEN PUBLIC MEETINGS ACT PROCEDURE
CONCERNING PERSONNEL MATTERS
Discussions by the Governing Body or any public body of the Borough concerning appointment,
termination, terms and conditions of employment, performance evaluation, promotion or
discipline of any current or prospective officer or employee may be held in closed session.
Ultimately, the guidance as to notification of employees and the right to have the discussion in
executive or open session should be discussed with and be based upon the guidance and advice of
the Borough Attorney and recent court decisions.
Chapter 3.22
CONTAGIOUS OR LIFE THREATENING ILLNESS POLICY
The Borough encourages employees with contagious diseases or life-threatening illnesses to
continue their normal pursuits, including work, to the extent allowed by their condition. The
Borough shall make reasonable accommodations to known physical and mental limitations of all
employees, provided that the individual is otherwise qualified to safely perform the essential
functions of the job and also provided that the accommodation does not impose an unreasonable
hardship on the Borough.
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The Borough will take reasonable precautions to protect such information from inappropriate
disclosure, including the following:
• Medical information may be disclosed with the prior written informed consent of the
person who is the subject of the information.
• Information may be disclosed without the prior written consent to qualified individuals for
the purpose of conducting management audits, financial audits, and program evaluations,
but these individuals shall not identify, either directly or indirectly, the person who is the
subject of the record in a report or evaluation, or otherwise disclose the person’s identity
in any manner. Information shall not be released to these individuals unless it is vital to the
audit or evaluation.
• Information may be disclosed to the Department of Health as required by State or Federal
law.
Managers and other employees have a responsibility to maintain the confidentially of employee
medical information. Anyone inappropriately disclosing such information shall be subject to
disciplinary action.
Chapter 3.23
DRIVER’S LICENSE POLICY
Any employee whose work requires the operation of Borough vehicles must hold a valid New
Jersey State Driver's License.
All new employees who will be assigned work entailing the operating of a Borough vehicle will
be required to submit to a Department of Motor Vehicles driving records check as a condition of
employment. A report indicating a suspended or revoked license status may be cause to deny or
terminate employment.
Periodic checks of employee's drivers' licenses through visual and formal Department of Motor
Vehicles review checks shall be made by Department Supervisors. Any employee who does not
hold a valid driver's license will not be allowed to operate a Borough vehicle until such time as a
valid license is obtained.
Any employee performing work which requires the operation of a Borough vehicle must notify
the Department Supervisor in those cases where a license is expired, suspended or revoked and/or
who is unable to obtain an occupational permit from the State Department of Licensing. An
employee that fails to report such an instance, is subject to disciplinary action, including demotion
or termination. An employee who fails to immediately report such revocation or suspension to
their supervisor and continues to operate a Borough vehicle shall be subject to possible
termination.
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Any information obtained by the Borough in accordance with this section shall be used by the
Borough only for carrying out its lawful functions and for other lawful purposes in accordance
with the Driver’s Privacy Protection Act (18 U.S.C. S 2721 et seq.)
Chapter 3.24
CONTINUING EDUCATION PROCEDURE
The Borough, in conjunction with the Personnel Committee, will arrange for employment practices
seminars at least annually to train all managerial/supervisory personnel. The Borough will also
offer non-mandatory training to all other employees with special emphasis on employee rights and
protections under various Federal and State laws as well as Borough employment practices.
Records will be maintained in the official personnel files of all employees trained under this
procedure.
Managerial and supervisory personnel will also update employees periodically by department
meetings and memos that should address specific problems and concerns that may arise. Every
effort will be made to encourage employee suggestions about ways to avoid employer-employee
disputes and violations of employment rights.
Chapter 3.25
CHANGING VITAL INFORMATION:
It is the responsibility of each employee to notify the Borough Administrator promptly, in writing,
of any changes to vital information, including but not limited to the following items:
• Name
• Address
• Telephone Number
• Marital Status
• Dependent Children
• Change in status for health care programs
• Change in beneficiary on pension or life insurance policies
• Change in tax status for tax withholding purposes
Changes may be accomplished by sending written notice to the Borough Administrator. When
necessary, the employee will be provided with the proper forms to change beneficiary, income tax
deductions, etc.
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Chapter 4
EMPLOYEE BENEFITS
Chapter 4.01
HEALTH /VISION/MEDICAL CARE BENEFITS
The Plan covers basic medical and major medical (including hospitalization). Limited ($125.00)
eye care expenses are reimbursed every other year. A Plan description and summary may be
obtained from the Finance Office.
Eligibility: Effective January 1, 2011, full-time employees working 35 or more hours per week
and their dependents shall be eligible for the health benefits through the Borough Plan paid for by
Kinnelon Borough, provided they meet the conditions set forth by the health plan. Details on the
health plan will be provided by the employee’s Department Supervisor.
Enrollment: The Finance Office will provide enrollment forms. The employee must complete the
enrollment forms for health coverage and return them as soon as possible after beginning
employment to ensure earliest coverage. Annually, an open enrollment period is designated for
any changes in enrollment.
Medical Benefits: Plan participants have the option of utilizing in-network or out-of-network
providers and facilities. Generally, the employee's share of the fee is significantly less when using
an in-network provider. Additionally, in-network providers will directly bill the Plan. When an
out-of-network provider is used, annual deductibles must be met and a percentage of the fee is
generally covered by the plan. Some maximum lifetime benefits are in effect under the Plan.
Any Borough employee who is otherwise eligible for health benefits offered by the Borough of
Kinnelon but who is also covered as a dependent of his or her spouse’s health plan offered by the
spouse’s employer may waive coverage under the Borough’s health plan. Such a waiver of
Borough health benefits shall be in writing, by form as determined by the Health care provider or
the State of New Jersey and approved by the Borough Attorney, and shall be filed with the Finance
Department or such department handling employee benefits. In considering of filing such a waiver
of health benefits, the Borough shall pay to the employee 25% of the amount saved by the Borough
annually, because of the employee’s waiver of health benefits.
Any employee who has been enrolled in a Borough health plan and then opts to waive their
Borough health benefits shall receive 25% of the premium paid by the Borough for the health plan
in which they were enrolled. New employees shall receive 25% of the least expensive premium
paid for health benefits offered by the Borough at the time of the waiver. (1/20/05)
Prescription Drugs: A Plan may pay for a percentage of the cost of a prescription drug order if
the employee has elected a plan with this coverage and has obtained the medication through a
participating pharmacy.
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Eye care: The Borough provides limited eye care reimbursement in the amount of $300.00 every
other year for full-time employees to be used to cover standard eye examinations and glasses or
contact lenses.
Continuation of Benefits: After retirement, termination, or while on an approved leave of
absence, health benefit coverage may be continued at the expense of the employee as required by
Federal (COBRA) or State law. COBRA application forms are given to an employee with his/her
last paycheck. It is the responsibility of the employee to fill out the forms and apply for benefits.
Note: Errors in medical enrollment and claims forms are the responsibility of the employee
and not the employer.
The Borough reserves the right to change provider networks, claims agents and insurance
mechanisms (fully insured versus health insurance fund, e.g.).
Chapter 4.02
PENSION PLAN
THIS SECTION IS SUBJECT TO CHANGE BASED UPON ACTIONS
BY PERS OR PFRS AND THEREFORE THOSE REQUIREMENTS
WILL ALWAYS SUPERSEDE THESE PROVISIONS
PERS: Most non-uniformed employees covered by Social Security who earn $1,500 or more a
year and any veteran, must enroll as members of the New Jersey Public Employees' Retirement
System (PERS). (Police and Fire employees are eligible for enrollment in the Police and Fire
Retirement System (PFRS). See below for more information on PFRS.) For certain other
employees, membership is optional. Employees who cannot join PERS include provisional,
temporary or seasonal employees with less than twelve (12) months of continuous service and
those receiving a pension from PERS or another public retirement system in New Jersey.
Any employee who is ineligible to join PERS or PFRS may be eligible for membership in the
Defined Contribution Retirement Program (DCRP). For information on this plan please see the
Finance Department.
The employee must complete an application form in order to enroll. The State Division of Pensions
certifies the amount of the payroll deduction based on the employee's salary.
Employees who actively contribute to PERS may obtain low interest loans from PERS. The
maximum loan amount is based on the accumulated contributions by the employee. Loan
repayments are made by payroll deductions.
Withdrawal from Pension Plan: If employment terminates before retirement and the employee has
less than ten (10) years credit in PERS, the employee may withdraw from the system or may
continue as an inactive member for 2 years.
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Deferred Retirement: Employees with at least 10 years credit in PERS are vested in the system
and are eligible for deferred retirement. Under deferred retirement, membership in the pension
remains inactive but retirement benefits are made available once the member reaches age sixty
(60).
Retirement: Employees who are planning to retire should contact the Administrative office (12)
months before the anticipated retirement date. Employees should file a retirement application with
the Division of Pensions at least six months before retirement to allow time for their application
to be processed.
All pension forms and additional information are available from the Administrative office the
PERS Member Handbook or through the New Jersey Division of Pensions and Benefits.
PFRS: Enrollment in the New Jersey Police & Firefighters Retirement System (PFRS) is restricted
to eligible police officers and firefighters. Firefighters are defined for pension purposes as any
permanent, full-time firefighter or officer subdivision thereof, with police powers. (See PFRS
Member Handbook for eligible titles.)
The employee must complete an application form in order to enroll. The State Division of Pensions
certifies the amount of the payroll deduction based on the employee's salary.
Chapter 4.03
LIFE INSURANCE
THIS SECTION IS SUBJECT TO CHANGE BASED UPON
ACTIONS BY THE PERS AND THEREFORE ITS REQUIREMENTS
WILL ALWAYS SUPERSEDE THESE PROVISIONS
Employees who are members of PERS are automatically covered in the Group Life Insurance
provided through the State pension plan. Members of PERS are insured for non-contributory life
insurance, which is paid for by the Borough. During the first twelve (12) months of membership,
employees must also carry additional contributory life insurance. After twelve (12) months,
employees may cancel or continue the contributory life insurance.
If an employee terminates employment before retirement or if insurance coverage terminates while
on a leave of absence, coverage will continue for 31 days. During this time, employees may convert
all or part of the coverage to an individual policy.
All forms and additional information are available from the Administrative office. Additional
information is also provided in the PERS Member Handbook.
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Chapter 4.04
WORKERS COMPENSATION
THIS SECTION IS SUBJECT TO CHANGE BASED UPON ALTERATIONS TO
THE NEW JERSEY WORKER’S COMPENSATION ACT AND THEREFORE ITS
REQUIREMENTS WILL ALWAYS SUPERSEDE THESE PROVISIONS
By State law, the Borough must provide workers compensation coverage for all employees. The
Borough may grant a leave of absence for up to one year for any full or part-time employee or
Governing Body member who is injured or disabled as a result of his/her employment.
Forms and more detailed information are available from the Administrative office.
Medical Attention: In an emergency, the employee should be transported to the nearest
emergency room. If prompt or follow-up medical attention is required, the employee should
contact his/her Department Supervisor for a current list of plan participating facilities and
physicians. All bills should be sent directly to the Borough’s Finance Office.
Reporting of Accidents: The employee will promptly notify the Department Supervisor of the
nature of an on-the-job accident or injury and advise the Supervisor what action was taken.
All minor or major accidents or injuries must be reported immediately via the Accident Report
form, to the Borough Clerk who will file the necessary Workers Compensation claims and notify
the Borough Payroll Department. If the employee is unable to complete the Accident Report form,
the Department Supervisor will complete the form for the employee. The employee must notify
the Borough Clerk directly upon return to work and, when required, submit a written notification
of his/her return to work.
Worker's Compensation: The New Jersey’s Worker’s Compensation Laws set forth the
requirements for the payment of temporary disability benefits to an employee who is injured in the
course of his or her employment. Under the provisions of Section N.J.S.A. 34:15-12(a), an injured
worker will be compensated seventy percent (70%) of the employee’s wages up to a maximum
obligation which has been set at seventy-five (75%) of the State Average Weekly Wage (SAWW)
for any given year. The SAWW is computed and published by the Commissioner of Labor and
Industry on an annual basis. The minimum the Borough will pay is twenty percent (20%) of the
SAWW. The maximum length of time this compensation will be paid shall be as the law applies
and will be determined in each case.
While an employee is out on workers compensation, the following benefits will continue:
• Medical and prescription plans. Eye care reimbursement.
• Pension - Pension payments will be deducted from his/her wages
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• Non-contributory life insurance will be continued for up to 1 year
• Contributory life insurance - The employee contribution will be deducted from his/her
wages
Any other salary or wages paid to an employee while on such leave will be reduced by the amount
of any temporary workers compensation payment for the same injury or illness.
Chapter 4.05
UNEMPLOYMENT COMPENSATION
THIS SECTION IS SUBJECT TO CHANGE BASED UPON THE ACTIONS OF THE
NEW JERSEY UNEMPLOYMENT INSURANCE PROGRAM AND THEREFORE ITS
REQUIREMENTS WILL ALWAYS SUPERSEDE THESE PROVISIONS
Both the Borough of Kinnelon and its employees make contributions toward the State
Unemployment Insurance Program. The employee's contribution is deducted from his/her wages
as noted on the pay stub. An employee who is terminated should file a claim for benefits with the
Unemployment Compensation Insurance Claim Office nearest his/her home on the first working
day following termination.
Chapter 4.06
DISABILITY BENEFITS
THIS SECTION IS SUBJECT TO CHANGE BASED UPON THE ACTIONS
OF THE NEW JERSEY DEPARTMENT OF LABOR, DIVISION OF
PROGRAMS, DISABILITY INSURANCE PROGRAM AND THEREFORE,
ITS REQUIREMENTS WILL ALWAYS SUPERSEDE THESE PROVISIONS
The New Jersey State Department of Labor, Division of Programs, Disability Insurance Program
sets forth the requirements for the payment of disability benefits. As of June 1996, the maximum
for disability benefits is 26 weeks for any one period of disability. Application for such benefits is
at the option of the employee and is the responsibility of the employee. Forms are available in the
Administrative office.
Chapter 4.07
EDUCATIONAL BENEFITS
Employees are encouraged to receive job-related training and education by attending college
courses, seminars, conventions and professional conferences. Such training is encouraged if time
away from the job permits and is of direct value to the Borough of Kinnelon. It does not include
knowledge or skills that may be acquired through in-service training. Upon written
recommendation from the Department Supervisor for full-time and part-time employees, the fees
associated with this training may be paid for or reimbursed by the Borough provided the cost has
been preapproved by the Council Liaison and provided for in the department’s budget and proof
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of successful completion of the educational course or training is submitted to the Personnel
Committee for inclusion in his/her personnel file. Course agenda or material which signed and
dated by the instructor may be substituted if no official certification is provided. The cost of
mileage is not reimbursable.
Chapter 4.08
FLEXIBLE SPENDING ACCOUNT
In accordance with the provisions set forth in P.L. 2011 - Chapter 78 the Borough has established
a Flexible Spending Account in accordance with the provisions of Section 125 of the Internal
Revenue Service regulations. An employee wishing to participate should see the CFO and/or
Finance Department for specific information. (4/19/12)
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Chapter 5
LEAVE OF ABSENCE POLICY
Employees may be granted a personal leave of absence for up to six months at the sole discretion
of the Personnel Committee if the leave does not cause undue operational disruption. The leave
must include the use of any accrued vacation and sick leave time, regardless of the length of leave
requested. The portion of the leave that runs beyond the exhaustion of vacation and sick leave will
be without pay or longevity credit. In exceptional circumstances, the Personnel Committee may
extend a leave of absence for an additional six months, if such extension is considered in the best
interests of the Borough.
Personal leaves are not granted for the purpose of seeking or accepting employment with another
employer, or for extended vacation time. Employees on personal leave of absence for more than
two weeks in any month will not receive holiday pay, and will not accrue personal leave, sick leave
or vacation time for that month. Health benefits may also be impacted. A personal leave is granted
with the understanding that the employee intends to return to work for the Borough. If the
employee fails to return within five business days after the expiration of the leave, the employee
shall be considered to have resigned.
Chapter 5.01
REQUESTS FOR LEAVE
Leave Request: Unless specified elsewhere in this Manual, all leaves are unpaid. All leave
requests must be in writing and submitted to the Department Supervisor. In order to minimize
disruptions to the workflow, employees should notify their Department Supervisor of the request
for a leave as soon as possible. All leaves must be approved by the Department Supervisor.
Requests from Department Supervisors must be submitted to the Council Liaison who will notify
the Governing Body.
Leave Records: All written requests are to be forwarded to the Personnel Committee for recording
in the employee’s attendance file.
Continuation of Benefits: Since leaves of absence may affect certain employee benefits,
employees should see the Borough Clerk to discuss possible continuation of such benefit. Effect
of unpaid leave on calculation of benefits is such that time taken on any unpaid leave of absence
shall not be credited toward the calculation of seniority, sick leave, vacation and pension benefits.
Chapter 5.02
HOLIDAYS
A.
All full-time employees shall receive time off with pay for thirteen and one-half holidays
each year. (Christmas Eve workday ends at noon). Part-time employees shall be paid accordingly
based upon the total hours they worked in the year. Temporary part-time employees shall be
entitled to time off without pay for the enumerated holidays.
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B.
The following days of each year shall, for all purposes whatsoever as regards the
transaction of business in the public offices of the Borough of Kinnelon and the conduct of
governmental functions and affairs other than emergent matters and the public safety, be treated
as public holidays.
New Year’s Day
President’s Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
General Election Day
Veterans Day
Thanksgiving Day
The day following Thanksgiving Day
Christmas Eve (one-half day)
Christmas Day
Employee’s birthday
C.
The aforementioned public holidays shall be observed on the date designated by the State
of New Jersey when said date differs from the date of federal observances.
D.
Whenever any of the days hereinabove mentioned can and shall fall on a Sunday, the
Monday next following shall, for the purposes herein expressed, be deemed a public holiday.
Whenever any of the days mentioned hereinabove can and shall fall on a Saturday, the Friday
immediately preceding shall, for the purposes herein expressed, be deemed a public holiday.
E.
Employees may not elect financial compensation in lieu of taking time off for a holiday. If
an employee is requested to work on a holiday, an alternate day off will be allowed in lieu of taking
the holiday.
Chapter 5.03
VACATION
Vacation Accrual: Full-time and part-time employees will receive annual vacation leave based
on continuous years of service as shown below. The date of hire will determine the number of
years of service for vacation purposes. Part-time employees are entitled to proportionate amounts
of paid vacation leave. Vacation time is credited at the beginning of the calendar year, in
anticipation of continued employment for the remainder of the year.
• After six (6) complete months to twelve (12) complete months: five (5) days
• From the first day of the thirteenth (13) month to sixty (60) complete months: ten (10) days
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• From the first day of the sixty-first (61) month to one hundred thirty-two (132) complete
months: fifteen (15) days
• From the first day of the one hundred thirty-third (133) month to two hundred forty (240)
complete months: twenty (20) days
• Upon the first day of the two hundred forty-first (241) month: twenty-five (25) days
• Vacation Requests: Requests for vacation shall be submitted to the Department
Supervisor or the Council Liaison. Requests will be honored if possible; however, proper
staffing of each department takes precedence over all other considerations in scheduling
vacations. Requests to take vacation time in days immediately prior to and after a weekend
require a two-week notice. Minimum vacation time to be taken is one-half day. Vacation
time taken in hours is not permitted.
During the final year of service, an employee may take his/her full vacation entitlement or may
elect to receive payment in lieu of time off.
Non-Cumulative Vacation Days: Any employee who is entitled to fifteen (15) days or less of
paid vacation leave in a calendar year must use said vacation leave within each calendar year or it
will be a lost benefit. (12/7/05)
Buy back of Vacation Days: Any employee who is entitled to twenty (20) or more days of paid
vacation leave in a calendar year must use at least fifteen (15) days of paid vacation leave within
each calendar year. Upon request to the Department Supervisor or the Council Liaison any
employee who is entitled to twenty (20) or more days of paid vacation leave in a calendar year
may sell back to the Borough the unused days of paid vacation leave by the end of the calendar
year, provided that the employee has used at least fifteen (15) days of paid vacation leave at the
time of the request. Any employee entitled to twenty (20) or more days of paid vacation leave in a
calendar year must use and/or sell back all paid vacation leave in a calendar year or it will be a lost
benefit. (12/7/05) In lieu of buying back vacation time, an employee may opt to, in writing,
carryover five (5) vacation days until April 30th of the following year. After April 30th, those days
will no longer be available as part of the employee’s vacation day allotment.
Advancement of Vacation Days: Any employee who exhausts all of his/her vacation leave in any
one year will not be credited with any additional paid vacation leave until the beginning of the next
calendar year. If employment terminates prior to the end of the calendar year, an adjustment will
be made in the employee's final paycheck for any vacation leave, which was used but had not yet
been earned.
Termination: An employee who is terminated or who voluntarily terminates his/her employment
shall be entitled to the vacation allowance for the current year, prorated upon the time worked in
the year in which the separation becomes effective.
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Chapter 5.04
SICK LEAVE FOR FULL-TIME AND PART-TIME EMPLOYEES
“Sick Leave” is hereby defined as absence from post of duty because of personal disability due to
illness or non-occupational injury.
Sick Day Accrual: Full-time employees shall be allowed sick leave with full pay for a maximum
of one (1) day per month cumulative for the first year of employment and maximum twelve (12)
sick days per year, with full pay, not to exceed the cumulative total of one hundred twenty (120)
days for the entire term of employment. Sick days may be accrued on an on-going basis during the
term of employment and taken as needed. However, the maximum sick day accrual for
reimbursement at the time of retirement shall not exceed 120 days. Part-time employees shall have
the same benefit on a pro-rated basis.
All current employees on the date of adoption of the policy who were employed by the Borough
on or before January 1, 1992 shall be granted six (6) days cumulative total of one hundred twenty
(120) days for that period prior to January 1, 1992. That sum of accumulated days shall then be
supplemented by the number of unused sick days accruing on or after January 1, 1992 but not to
exceed an aggregate cumulative total of one hundred twenty (120) days for the entire term of
employment both prior to and subsequent to January 1, 1992.
Sick days shall not accrue during a leave of absence without pay, during a suspension or after an
employee has resigned even if his/her name remains on the payroll until vacation or other leave
time is exhausted.
Advancement of Sick Days: Any employee who exhausts all of his/her sick leave in any one year
shall not be credited with any additional paid sick leave until the beginning of the next calendar
year. If employment terminates prior to the end of the calendar year, an adjustment will be made
in the employee's final paycheck for any sick leave that was used, but had not yet been earned.
Use of Sick Days: Sick leave may be used for personal illness or non-occupational injury, for a
reasonable period of time. No employee shall work for another employer while on sick leave.
Notification: All Department Supervisors and employees are responsible for notification of
absence due to illness within fifteen (15) minutes of start time. If an employee is unable to reach
his/her Department Supervisor, (or in the case of a Department Supervisor) the Borough Clerk
should be contacted. Failure to follow the procedure for notification of absence due to illness could
result in denial of sick leave for that absence and/or disciplinary action. If possible, the employee
must submit a written notice prior to the commencement of sick leave. If this is not possible, the
employee's Department Supervisor will submit a written notice for the employee’s file. The
Council Liaison will submit the written notice for the Department Supervisor.
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Any Department Supervisor or employee who is on sick leave for three (3) or more consecutive
days or if sick days occur immediately before or after a weekend more than three times in a
calendar year, official proof of illness or inability to work must be submitted. If an illness is of a
chronic or recurring nature, employees must provide periodic proof of illness to the Borough Clerk.
Such proof must specify the nature of the illness and that it is likely to cause periodic absences.
Return to Work: The Borough may require a medical certificate from the attending physician
stating the employee is able to return to his/her regular duties without jeopardizing the health or
safety of the employee or other employees.
Sick Day Payoff upon Retirement/Death: Compensatory pay or leave, for accumulated unused
sick days for a maximum total of one hundred and twenty (120) days for each full-time employee
or part-time employee shall be as follows:
1. At retirement only, any full-time or part-time employee can choose to take his/her
accumulated sick leave up to the maximum
2. In the alternative, at retirement only, any full-time or part-time employee can choose to
take fifty dollars ($50) per day for each unused accumulated sick day up to the maximum,
subject to the employee’s accrued credit for said compensation.
3. “Accrued credit for compensation” shall be defined and shall accrue such that payment for
compensation for unused sick days will be made for up to twelve (12) days per year. (Based
upon a rate of ten percent (10%) of the maximum (120) sick day allowance). This may
accrue for each full year of employment to the 10th year. The employee shall be
compensated for one hundred percent (100%) of accumulated sick leave in the 10th year
of employment and thereafter to the maximum of 120 days.
4. At retirement the employee may also choose to take a portion of the accumulated sick days
as leave and a portion in compensation as set forth below.
5. In the event of an employee’s death subsequent to retirement, compensation for unused
sick days shall be at the rate of pay at time of death, paid to the employee’s estate.
6. Payment of compensatory pay shall be at the discretion of the Finance Committee of the
Borough Council and subject to availability of funds in the current budget. If not available,
said funds shall be budgeted in the year following.
7. The foregoing policy shall not alter or change the established policy of using unused sick
days for disability.
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Chapter 5.05
SICK LEAVE FOR TEMPORARY PART-TIME EMPLOYEES
The New Jersey Paid Sick Leave Act (P.L. 2018, c. 10) allows employees to accrue sick leave at
their regular rate of pay. Employees accrue one (1) hour of sick leave for every thirty (30) hours
worked, with a cap of forty (40) hours per year. This earned sick leave time may be used for: the
diagnosis, care, or treatment of or recovery from an employee’s illness (mental or physical), injury
or other adverse health condition, or for preventative medical care; time needed to aid or care for
a family member; time needed due to an employee or family member of an employee being a
victim of domestic or sexual violence; closure of the municipal building, or the school or place of
care of a child of the employee, issued by a public health authority due to a public health
emergency; or time needed to attend a school-related conference, meeting, function or other event
required by a school administrator, teacher, or other professional staff member responsible for the
education of the child of an employee or to attend a meeting regarding care provided to a child of
an employee in connection with the child’s health condition or disability.
Family member means a child, grandchild, sibling, spouse, domestic partner, civil union partner,
parent, or grandparent of an employee; or a spouse, domestic partner, civil union partner of a parent
or grandparent of the employee; or a sibling of a spouse, domestic partner or civil union partner of
the employee; or any other individual related by blood to the employee or whose close association
with the employee is the equivalent to a family relationship.
The Borough requires that seven (7) days advanced notice of an employee’s intention to use sick
leave time be given if the need for the sick leave is foreseeable. For any unforeseeable use of sick
time, the Borough requires the employee to provide notice as soon as practicable. The Borough
requires reasonable documentation (documentation signed by a health care professional treating
the employee or the family member) for any use of sick leave time for three (3) or more consecutive
days. The Borough may prohibit the use of sick leave for foreseeable purposes on certain dates,
and may require reasonable documentation if sick leave that is not foreseeable is used during those
dates.
Any information the Borough possesses regarding the health of an employee or family member of
the employee will be treated as confidential and not disclosed except to the affected employee.
The Borough will retain records documenting hours worked by employees and earned sick leave
taken by employees for a period of 5 years. These records will be available upon demand.
As set forth in the New Jersey Paid Sick Leave Act, any employee that is already provided paid
time off (sick days, vacation days, personal days, etc.) by the Borough is not entitled to accrue
additional sick leave as set forth in this Section including all employees covered by a collective
bargaining agreement and all employees that are provided paid time off days/hours at the
beginning of the year.
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Chapter 5.06
PERSONAL DAYS
PERSONAL DAYS ARE NOT PERMITTED IN THE
FIRST THREE (3) MONTHS OF EMPLOYMENT
Thereafter, all full-time employees (working 35 or more hours per week) shall be granted three (3)
paid personal days at the beginning of each calendar year in anticipation of continued employment.
Personal days may be taken in full day and one-half day increments. If an unforeseen emergency
arises, an employee may take time off in hourly increments to deal with the situation. The
employee shall notify his/her Department Supervisor (Department Supervisor to notify the
Borough Clerk) and upon return to work, provide to the Borough Clerk, a written notice which
shall be made part of the employee’s personal file.
Except for emergencies, all Department Supervisors and employees requesting use of personal
time must submit their request in writing 24 hours in advance. The employee must submit his/her
request to the Department Supervisor who will submit it to the Borough Clerk and Personnel
Committee. Upon approval by the Council Liaison, the Department Supervisor must submit his/her
own written request to the Borough Clerk and Personnel Committee. In case of emergency,
notification must be within fifteen (15) minutes of start time. The Department Supervisor shall
notify the Borough Clerk and Personnel Committee.
Failure to follow the procedure for notification of use of personal time could result in denial of
personal time for that absence and/or disciplinary action.
Any employee who exhausts all personal leave in any one-year shall not be credited with additional
paid personal leave until the beginning of the next calendar year. If an employee terminates
employment prior to the end of the calendar year, an adjustment will be made in the final paycheck
for any personal leave used but not earned.
Part-time employees will be entitled to personal days on a prorated basis and shall be paid
accordingly based upon the total hours they worked in the year.
Temporary part-time employees shall not be entitled to any personal days with pay.
Personal leave must be used in the year credited.
Chapter 5.07
BEREAVEMENT LEAVE
Full-time employees may take up to five (5) days of bereavement leave, with pay, for a death in
their immediate family. For the purpose of this policy, immediate family is defined as parents,
spouse, grandparents, natural brothers and sisters, children and parents-in-law or any person living
in the employee’s immediate household. Bereavement leave must be taken on consecutive
workdays and include the day of death, the funeral and/or memorial services.
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Employees must immediately notify their Department Supervisor of their intent to take
bereavement leave. The Department Supervisor must notify the Borough Clerk and Personnel
Committee.
Part-time employees may take up to five consecutive part-time days (5) of bereavement leave, with
pay, for a death in their immediate family which days reflect the part-time hours they would have
regularly worked.
Temporary part-time employees shall not be entitled to paid bereavement leave.
Chapter 5.08
FAMILY AND MEDICAL LEAVE ACT POLICY
Employees may be eligible for an unpaid family and medical leave under the federal Family and
Medical Leave Act (“FMLA”). Employees also may be eligible for family and/or medical leave
pursuant to the New Jersey Family Leave Act (“FLA”). In order to be eligible for such leave,
employees must have: one (1) year of service with the Borough; and, at least 1,000 hours of work
(for New Jersey leave) and 1,250 hours of work (for Federal leave) during the previous twelve
(12) months and is employed at a worksite where 50 or more employees are employed by the
employer within 75 miles of the worksite (for Federal leave). Eligible employees may receive up
to twelve (12) weeks of leave per year (FMLA) or twelve (12) weeks every twenty-four (24)
months (FLA).
During the leave period, the employee’s health benefits will be continued on the same conditions
as coverage would have been provided had the employee been employed continuously during the
entire leave. The employee will not continue to accrue vacation, sick or personal days for the
period of the leave. The employee will receive seniority credit for the time that the employee has
been on leave under this section. At the conclusion of the leave period, an eligible employee is
entitled to reinstatement to the position the employee previously held or to an equivalent one with
the same terms and benefits that existed prior to the exercise of leave.
Upon written notice, eligible employees are entitled to a family or medical leave for up to twelve
weeks to care for a newly born or adopted child or a seriously ill immediate family member,
including civil union partner, or for the employee’s own serious health condition that makes the
employee unable to perform the functions of the employee’s position. Eligible employees who
take leave under this policy must use all accrued available vacation and personal days during the
leave. The use of accrued time will not extend the leave period. After exhausting accrued time, the
employee will no longer be paid for the remainder of the leave.
The period of leave must be supported by a physician’s certificate. An extension past twelve weeks
can be requested, but medical verification of the need must be submitted prior to the expiration of
the leave. The Borough reserves the right to deny any request for extended leave. Additional
information concerning the Family Leave Policy and eligibility requirements are available from
the Personnel Committee.
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Commencing July 1 2009, Family Temporary Disability (“FTD”) payments for up to six (6) weeks
in a twelve (12) month period will become available for eligible employees who are caring for a
seriously ill immediate family member who is incapable of self-care or care of a newborn or
adopted child. To be eligible, the employee must have worked at least 20 weeks at minimum wage
within the last 52 weeks or earned 1000 times the minimum wage. The weekly benefit is 2/3 of
weekly compensation up to a maximum of $524 per week (this amount is subject to change). FTD
will run concurrently with FMLA and/or FLA leaves and there is a one week waiting period.
Employees may also be required to use accrued sick, vacation or personal leave for up to two
weeks.
Employees taking paid family leave in connection with a family member’s serious health condition
may take leave intermittently or consecutively. Intermittent leave is not available for the care of a
newborn or adopted child. Intermittent leave may be taken in increments necessary to address the
circumstances that precipitated the need for leave. An employee seeking intermittent paid family
leave is required to provide the Borough with 15 days notice unless an emergency or other
unforeseen circumstance precludes prior notice. The employee seeking intermittent leave shall
make a reasonable attempt to schedule leave in a non-disruptive manner. Employees requesting
such leave shall provide the Borough with a regular schedule of days for intermittent leave.
Employees may also be eligible for an unpaid leave for up to twenty-six (26) workweeks in a year
to care for a family member on active duty in the military or a covered veteran (a covered veteran
is an individual who was discharged or released under conditions other than a dishonorable at any
time during the five-year period prior to the first date the eligible employee takes FMLA leave to
care for the covered veteran) with a serious injury or illness incurred in the line of duty on active
duty for which the service member is undergoing medical treatment, recuperation, or therapy, is
otherwise in outpatient status, or is otherwise on the temporary disability retired list, or up to twelve
(12) weeks in a year for a qualifying exigency. A qualifying exigency occurs when a military
member is called to covered active duty (requires deployment to a foreign country)and a close
member of his/her family must attend official ceremonies or family support or assistance meetings,
there is a short-notice deployment, to attend to childcare matters, attend to financial and/or legal
matters, or counseling. . A serious injury or illness means an injury or illness incurred by a covered
service member in the line of duty on active duty that may render the service member medically
unfit to perform the duties of his or her office, grade, rank, or rating.
A serious injury or illness also means an injury or illness that was incurred by the covered veteran
in the line of duty on active duty in the Armed Forces or that existed before the veteran’s active
duty and was aggravated by service in the line of duty on active duty, and that is either:
1. a continuation of a serious injury or illness that was incurred or aggravated when the
veteran was a member of the Armed Forces and rendered the service member unable to
perform the duties of the service member's office, grade, rank, or rating; or
2. a physical or mental condition for which the veteran has received a U.S. Department of
Veterans Affairs Service-Related Disability Rating (VASRD) of 50 percent or greater, and
the need for military caregiver leave is related to that condition; or
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3. a physical or mental condition that substantially impairs the veteran’s ability to work
because of a disability or disabilities related to military service, or would do so absent
treatment; or
4. an injury that is the basis for the veteran’s enrollment in the Department of Veterans Affairs
Program of Comprehensive Assistance for Family Caregivers.
Any one of these definitions meets the FMLA’s definition of a serious injury or illness for a
covered veteran regardless of whether the injury or illness manifested before or after the individual
became a veteran.
Upon employer’s request, an employee must provide a copy of the covered military member’s
active duty orders to support request for qualifying exigency leave. In addition, upon an
employer’s request, certification for qualifying exigency leave must be supported by a certification
containing the following information:
• statement or description of appropriate facts regarding the qualifying exigency for which
leave is needed;
• approximate date on which the qualifying exigency commenced or will commence;
• beginning and end dates for leave to be taken for a single continuous period of time;
• an estimate of the frequency and duration of the qualifying exigency if leave is needed on
a reduced scheduled basis or intermittently; and
• if the qualifying exigency requires meeting with a third party, the contact information for
the third party and description of the purpose of the meeting.
Eligible employees may also take leave to care for a military member’s parent who is incapable of
self-care when the care is necessitated by the member’s covered active duty. Such care may include
arranging for alternative care, providing care on an immediate basis, admitting or transferring the
parent to a care facility, or attending meetings with staff at a care facility.
Employees who request qualifying exigency leave to spend time with a military member on Rest
& Recuperation may take up to a maximum of 15 calendar days. Upon an employer’s request, an
employee must provide a copy of the military member’s Rest and Recuperation leave orders, or
other documentation issued by the military setting forth the dates of the military member’s leave.
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Chapter 5.09
MILITARY LEAVE POLICY
When a full-time employee who is a member of the reserve component of any United States armed
force or the National Guard of any state including the Naval Militia and Air National Guard is
required to engage in field training or is called for active duty, the employee will be granted a
military leave of absence for the duration of the service. The first thirty (30) workdays of the leave
shall be with full pay except that a member of the New Jersey National Guard shall receive full
pay for the first ninety (90) days. Thereafter, the leave shall be without pay but without loss of
time. The paid leave will not be counted against any available time off including but not limited
to vacation, sick or personal time. A full-time temporary employee who has served less than one-
year shall not be entitled to paid leave but shall be granted non-paid military leave without loss of
time.
Employees on military service will also continue to receive paid health insurance coverage during
the period of the paid leave plus an additional thirty days calendar days after the paid leave is
exhausted. After this period has expired, employees may continue coverage for themselves or their
dependents under the Borough group plan by taking advantage of the COBRA provision. Members
of the State administered retirement systems (PERS and PFRS) will continue accruing service and
salary credit in the system during the period of paid leave.
Pursuant to the Uniformed Services Employment and Reemployment Rights Act, any employee
released from active duty under honorable circumstances shall return to work without loss of
privileges or seniority within the following time limits: for service less than thirty-one (31)
calendar days, the employee must return to work on the beginning of the first regularly scheduled
workday or eight (8) hours after the end of military duty, with reasonable allowances for
commuting; for service of thirty-one (31) to one hundred eighty (180) calendar days, the employee
must submit an application for reinstatement within fourteen (14) calendar days after completing
military duty; for service greater than one hundred and eighty (180) calendar days, the employee
must submit an application for reinstatement within ninety (90) calendar days after completing
military duty.
Chapter 5.10
JURY DUTY LEAVE
Employees summoned to serve jury duty shall be paid their regular rate of pay. Employees, who
serve on a jury or are subpoenaed as witnesses in civil or criminal cases directly involving them in
their capacity as Borough employees or they are witnesses in an action wherein they are not a party
litigant, may be granted a paid leave of absence for the time in which they are officially involved
with the court in that capacity. A copy of the jury duty summons or subpoena must be submitted
to the Borough Clerk.
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Employees must notify their Department Supervisor as soon as possible if the length of their jury
duty or subpoenaed testimony has been extended beyond the original date. On the first day of their
return to work, employees must present a jury attendance slip, provided by a court authority, to
their Department Supervisor to be attached to the weekly time sheet.
Chapter 5.11
SEQUENTIAL MULTIPLE ANALYSIS TEST (SMAC)
At the discretion of the Borough Council, the Borough-sponsored SMAC tests shall be provided
for the Mayor, Council, each full-time and part-time employee and their spouse, which test shall
be administered by the Kinnelon Department of Health.
Chapter 5.12
DOMESTIC VIOLENCE LEAVE
The New Jersey Security and Financial Empowerment Act, also known as the "NJ SAFE Act"
provides protection for employees and their family members who have been the victim of domestic
violence or sexual assault. Employees are entitled to twenty (20) days of unpaid protected leave
from work to:
• Seek medical attention for physical or psychological injuries;
• Obtain services from a victim services organization, pursue psychological or other
counseling;
• Participate in safety planning for temporary or permanent relocation;
• Seek legal assistance to ensure health and safety of the employee or the employee’s
relative; or
• Attend, participate in, or prepare for a criminal or civil court proceeding relating to an
incident of domestic or sexual violence.
To be eligible for the leave, an employee must meet the following criteria:
• The employee or their child, parent, spouse or domestic partner must be a victim of
domestic violence or a sexually violent offense;
• The employee must have worked for the employer for at least twelve months and for at
least 1,000 hours during the twelve (12) month period immediately preceding the requested
leave; and
• The twenty (20) day leave must be taken within one (1) year of the qualifying event.
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Employees may take leave on an intermittent basis but such leave cannot be shorter than one (1)
full day. To the extent the leave is foreseeable, employees must provide advice notice. In addition,
employee seeking leave must provide proof that they qualify for the leave. Such proof may include
restraining order, letter from a prosecutor, proof of conviction, medical documentation or a
certification from an agency or professional involved in assisting the employee.
In certain circumstances, the basis for the leave may also qualify under the federal Family and
Medical Leave Act and/or the New Jersey Family Leave act. If so, the Borough will treat the leave
concurrently with the leave under those statutes. Employees may be required to use accrued paid
vacation leave, personal time or sick leave concurrently.
The Borough shall protect the privacy of employees who seek leave by holding the request for
leave, the leave itself or the failure to return to work "in the strictest confidence."
The Borough shall not retaliate, harass or discriminate against any employee exercising his/her
right to take the leave provided by this policy
Chapter 5.13
EMPLOYEE AND RETIREMENT SICK TIME
The Borough provides paid sick leave benefits to all eligible employees for period of temporary
absence due to sickness, injury, accidents, doctors or dental appointments or exposure to
contagious disease. Sick leave may also be used for the attendance of the employee upon a member
of the immediate family who is ill.
An employee should notify his/her Department Head and the Borough Administrator in writing at
least six (6) months before planned retirement. The State retirement plans request six (6) months
advance notice to process the application.
After giving notice of retirement, employees are expected to assist their supervisor and co-
employees by providing information concerning their current projects and help in the training of a
replacement.
The Department Head will prepare an Employee Action form showing any pay or other money
owed the employee.
An employee is classified as “retired” from the effective date of their retirement, as determined by
in partnership with the employee and the Administrator. Upon the effective date of retirement, an
employee is classified as no longer employed and shall not accrue additional days and benefits.
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Chapter 6
WORK SCHEDULE
Chapter 6.01
ATTENDANCE & PUNCTUALITY
All employees are expected to report for work on time, perform their assigned duties for all hours
of the work period and complete their assigned work period unless excused.
Hours of Work: The normal workday for non-exempt, full-time employees shall be seven (7)
hours, 8:00 a.m. to 4:00 p.m., 5 days Monday through Friday with one (1) hour for lunch. From
Memorial Day to Labor Day the Summer Schedule is to be followed which is Monday through
Thursday 8:00 a.m. to 4:00 p.m. with one half hour lunch period. Friday’s 8:00 a.m. to 1:00 p.m.
The normal work week shall be thirty-five (35) hours, except in the case of employees whose job
responsibilities require their attendance as described in their job descriptions.
The normal workday for other departments stated under their negotiated contracts shall be as set
forth therein.
Punctuality: Punctuality in reporting for duty or returning from authorized breaks is considered
to be an obligation of all employees. Employees are expected to be at their workstations and ready
for work at their prescribed starting time. Employees who anticipate arriving late for work or
returning late from a break should notify their Department Supervisor, indicating the reason for
the lateness and their anticipated arrival time. Department Supervisors will report tardiness of ten
(10) minutes or more on the weekly time sheet. If an employee is chronically late, the Department
Supervisor will report it to the Council Liaison. The Supervisor and/or the Council Liaison will
develop an appropriate course of action to rectify the problem which may include docking an
employee’s compensation. The Council Liaison will supervise the time of the Department
Supervisor.
Time Records: It is absolutely essential for all borough employees to follow the procedure of
accurately recording their time of arrival, departure, and absence on the prescribed time cards.
Reasons for absence, other than earned vacation time, must be documented either on the time card
or separately in writing by the end of each pay period. Time records will be reviewed for
completeness and accuracy, then approved and certified by each employee’s Department
Supervisor. Department Supervisors are responsible for the completeness and accuracy of their
own time records.
Time records will be turned over to the Payroll Clerk at the end of each week and will become part
of each employee’s permanent personnel file for reference for annual review and earned benefits.
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Chapter 6.02
OVERTIME
Under the Federal Fair Labor Standards Act (FLSA), certain employees who work in a bona fide
executive, administrative, professional or computer (analysis, programmer or engineer) capacity
as defined by the FLSA, are not entitled to additional compensation, whether monetary or
compensatory time, for hours worked in excess of forty (40) per week. Employees who are not
exempt from the FLSA shall receive compensation of one and one-half (1 ½) times their normal
rate of pay for every hour worked in excess of forty (40) hours per week, or they may receive
compensatory time equal to one and one-half (1 ½) hours for every hour worked in excess of forty
(40) hours per week. Meetings and special events which are identified and included in the
employee’s job description will be included in calculating the number of hours worked during a
week.
If a non-exempt employee works more than forty (40) hours per week, they may be given
compensatory time in lieu of additional compensation. Such compensatory time shall accrue at
one and one-half (1 ½) hours for every hour worked in excess of forty (40) hours per week.
However, compensatory time can only be provided if it has been agreed to by the employee and
the Borough prior to overtime hours being worked. Additionally, if the employee is a member of
a collective bargaining unit, then compensatory time must be provided for in the collective
negotiations agreement prior to such compensatory time being provided. Use of compensatory
time must be authorized in writing by the employee’s Department Supervisor, or Council Liaison
for a Supervisor, and it shall only be allowed when approved at least two (2) days in advance of
when such time will be used. Approval is contingent upon the office or department the employee
works for being adequately staffed on the day the compensation time is to be used in order to
minimize disruption of Borough services. No employee may approve his/her own compensatory
time off.
If a non-exempt employee is employed in two different positions within the Borough, both
positions are counted towards the total number of hours worked in a normal work week. If the total
number of hours in a normal work week exceed 40 hours, the employee may be offered
compensatory time off at one and one-half (1 ½) times a blended hourly rate, as provided for by
the FLSA.
The Borough reserves the right to rearrange a work schedule allowing an employee to leave early
in order that the employee’s work hours do not exceed forty (40) per week.
Chapter 6.03
LUNCH/COFFEE BREAKS
Administrative employees are entitled to a one-hour lunch break or as specified in their job
description. Coffee breaks are a privilege, not entitlement. Ten (10) minute a.m. and p.m. coffee
breaks may be taken and will be scheduled to ensure proper coverage for all offices. Lunch break
time and coffee break time cannot be combined and/or used to make up time for late arrivals, early
departures or extended lunches.
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Chapter 6.04
PERSONAL BUSINESS
All employees should refrain from conducting personal business during working hours. Employees
are strongly discouraged from entertaining personal visitors or making/taking personal telephone
calls during work hours. Personal cell phones must be turned off during work hours.
Chapter 6.05
EMERGENCY CLOSING OF OFFICES
It may be necessary to close municipal offices because of adverse weather or other conditions. If
it is necessary to delay opening of the Municipal Building, the Borough Clerk will notify the non-
contractual employees what time the building will be open for business. It is the responsibility of
the employee to use personal or vacation time accrued if they are unable to get to work that day.
Chapter 6.06
EMERGENCY SERVICE VOLUNTEER WORK
Employees who are volunteer members of the Kinnelon Volunteer Fire Department or the TriBoro
First Aid Squad may be released from work to respond to emergency calls during working hours.
They must notify their Department Supervisor in advance their intent to serve in such a capacity.
Employees who respond to these emergency calls should, upon return to work, notify their
Department Supervisor of the type of emergency and the length of their absence.
Employees may be permitted to volunteer for such service outside the Borough upon prior
approval of the Department Supervisor and the Council Liaison.
Chapter 6.07
OTHER EMPLOYMENT
Employees are permitted to seek jobs other than their primary Kinnelon Borough employment if:
• They maintain the Borough as their primary employer and perform only job related work
during regular work hours.
• Such employment does not impede the performance of their duties or conflict with their
position with the Borough.
Employees may not engage in outside employment that constitutes or appears to constitute a
conflict of interest.
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Chapter 6.08
TIMESHEETS
Non-exempt employees are required to accurately record their work time on the designated time
record, sign it and return into his/her supervisor. Non-exempt employees and exempt employees
are required to report their sick time, vacation time and holiday time on the designated time record.
Non-exempt and exempt employees should turn the time record into his/her Department
Supervisor.
The Department Supervisor shall review the record for accuracy and approve it and submit it to
the designated payroll representative.
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Chapter 7
EMPLOYEE CONDUCT/RIGHTS
CHAPTER 7.01
CONFLICT OF INTEREST POLICY
Employees including Borough officials must conduct business according to the highest ethical
standards of public service. Employees are expected to devote their best efforts to the interests of
the Borough. Violations of this policy will result in appropriate discipline including termination.
The Borough recognizes the right of employees to engage in outside activities that are private
nature and unrelated to Borough business. However, business dealings that appear to create a
conflict between the employee and the Borough’s interests are unlawful under the New Jersey
Local Government Ethics Act. Under the Act, certain employees and officials are required to
annually file with the Borough Clerk a state mandated disclosure form. The Borough Clerk will
notify employees and Borough officials subject to the filing requirements of the Act.
A potential or actual conflict of interest occurs whenever an employee including a Borough official
is in a position to influence a Borough decision that may result in a personal gain for the employee
or an immediate relative including a spouse or significant other, child, parent, stepchild, sibling,
grandparents, daughter-in-law, son-in-law, grandchildren, niece, nephew, uncle, aunt, or any
person related by blood or marriage residing in an employee’s household. Employees are required
to disclose possible conflicts so that the Borough may assess and prevent potential conflicts. If
there are any questions whether an action or proposed course of conduct would create a conflict of
interest, immediately contact the Borough Attorney to obtain clarification.
Employees are allowed to hold outside employment as long as it does not interfere with their
Borough responsibilities. Employees are prohibited from engaging in outside employment
activities while on the job or using Borough time, supplies or equipment in the outside employment
activities. The Personnel Committee may request employees to restrict outside employment if the
quality of Borough work diminishes. Any employees who holds an interest in, or is employed by,
any business doing business with the Borough must submit a written notice of these outside
interests to the Personnel Committee.
Employees may not accept donations, gratuities, contributions or gifts that could be interpreted to
affect their Borough duties. Under no circumstances accept donations, gratuities, contributions or
gifts from a vendor doing business with or seeking to do business with the Borough or any person
or firm seeking to influence Borough decisions. Meals and other entertainment valued in excess
of $25 are also prohibited. Employees are required to report to the Personnel Committee any offer
of a donation, gratuity, contribution or gift including meals and entertainment that is in violation
of this policy.
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Chapter 7.02
POLITICAL ACTIVITY
Employees have the same right as any other citizen to join political organizations and participate
in political activities, as long as they maintain a clear separation between their official
responsibilities and their political affiliations. Employees are prohibited from engaging in political
activities while performing their public duties and from using Borough time, supplies, equipment
in any political activity. Any violation of this policy must be reported to the Department Supervisor
or Council Liaison.
Chapter 7.03
WORKPLACE VIOLENCE
The Borough will not tolerate workplace violence. Violent acts or threats made by an employee
against another person or property are cause for immediate dismissal and will be fully prosecuted.
This includes violence or threats made on Borough property, at events or under other
circumstances that may negatively affect the Borough’s ability to conduct business.
Prohibited conduct includes:
• Causing physical injury to another person;
• Making threatening remarks;
• Aggressive, hostile or bullying behavior that causes a reasonable fear of injury to another
person or subjects another individual to emotional distress;
• Intentionally damaging employer property or property of another employee;
• Possession of a weapon while on Borough property or while on Borough business except
with the authority of the Police Chief;
• Committing acts motivated by, or related to, sexual harassment or domestic violence.
Any potentially dangerous situations must be immediately reported. The Borough will actively
intervene in any potentially hostile or violent situation.
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Chapter 7.04
GENERAL ANTI-HARASSMENT POLICY
It is the Borough's policy to prohibit harassment of an employee by another employee,
management representative, supplier, volunteer, or business invitee on the basis of actual or
perceived sex, race, creed, color, religion, national origin, ancestry, age, marital or political status,
affectional or sexual orientation, domestic partnership status, civil union status, atypical heredity,
cellular or blood trait, genetic information, disability (including AIDS or HIV infection), gender
identity or expression, liability for service in the United States armed forces, and/or any other
characteristic protected by law. Harassment of non-employees by our employees is also prohibited.
While it is not easy to define precisely what harassment is, it includes slurs, epithets, threats,
derogatory comments, unwelcome jokes, teasing, caricatures or representations of persons using
electronically or physically altered photos, drawings or images, and other similar verbal, written,
printed or physical conduct.
If an employee is witness to or believes to have experienced harassment, immediate notification
of the supervisor or other appropriate person should take place. See the Employee Complaint
Policy.
Harassment of any employees, in connection with their work, by non-employees may also be a
violation of this policy. Any employee who experiences harassment by a non-employee, or who
observes harassment of an employee by a non-employee should report such harassment to the
supervisor. Appropriate action will be taken against any non-employee.
Notification of appropriate personnel of any harassment problem is essential to the success of this
policy and the Borough generally. The Borough cannot resolve a harassment problem unless it
knows about it. Therefore, it is the responsibility of all employees to bring those kinds of problems
to attention of the appropriate officials so that steps are taken to correct them.
Violation of this harassment policy will subject employees to disciplinary action, up to and
including immediate discharge.
Chapter 7.05
ANTI-SEXUAL HARASSMENT POLICY
It is the Borough's policy to prohibit sexual harassment of an employee by another employee,
management representative, supplier, volunteer, or business invitee. The Borough prohibits sexual
harassment from occurring in the workplace or at any other location at which Borough sponsored
activity takes place. Sexual harassment of non-employees by our employees is also prohibited. The
purpose of this policy is not to regulate personal morality or to encroach upon one’s personal life,
but to demonstrate a strong commitment to maintaining a workplace free of sexual harassment.
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Unwelcome sexual advances, requests for sexual favors and other verbal, physical or visual
conduct of a sexual nature constitute harassment when:
• Submission to such conduct is made either explicitly or implicitly a term or condition of
an individual’s employment;
• Submission to or rejection of such conduct by an individual is used as the basis for an
employment decision affecting the individual; or
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s
work performance or creating an intimidating, hostile or offensive work environment.
Regarding unwelcome sexual advances toward non-employees, requests for sexual favors and
other verbal, physical or visual conduct of a sexual nature constitute harassment when:
• Submission to such conduct is made either explicitly or implicitly in exchange for a benefit;
• Submission to or rejection of such conduct by an individual is used as the basis for a
decision affecting the individual; or
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s
activities or creating an intimidating, hostile or offensive environment.
Sexual harassment may include unwanted sexual advances; offering employment benefits in
exchange for sexual favors; visual conduct (leering, making sexual gestures, displaying of sexually
suggestive objects or pictures, cartoons or posters); verbal sexual advances, propositions or
requests; verbal abuse of a sexual nature; graphic verbal commentaries about an individual’s body;
sexually degrading words used to describe an individual; suggestive or obscene letters, caricatures
or representations of persons using electronically or physically altered photos, drawings, or
images; notes or invitations; and/or, physical conduct (touching, assault, impeding or blocking
movements).
If an employee is witness to or believes that the employee has experienced sexual harassment, they
must immediately notify their supervisor or other appropriate person. See the Employee Complaint
Policy.
Harassment of Borough employees, in connection with their work, by non-employees may also be
a violation of this policy. Any employee who experiences harassment by a non-employee, or who
observes harassment of an employee by a non-employee should report such harassment to their
supervisor. Appropriate action will be taken against any non-employee.
Notification by employee to appropriate personnel of any harassment problem is essential to the
success of this policy and the Borough generally. The Borough cannot resolve a harassment
problem unless it is reported. Therefore, it is the responsibility of all employees to bring those
kinds of problems to the attention of management so that steps are necessary to correct them.
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Violation of this sexual harassment policy will subject employees to disciplinary action, up to and
including immediate discharge.
Chapter 7.06
“WHISTLE BLOWER” POLICY
Employees have the right under the “Conscientious Employee Protection Act (CEPA)” to
complain about any activity, policy or practice that the employees reasonably believe is in violation
of a law, rule, or regulation promulgated pursuant to law without fear of retaliation or reprisal.
This right shall be communicated to all employees in an annual letter outlining the specific
employee complaint procedure and in a posted notice. A written acknowledgement that the
employee received, read, and understood this letter will be included in the employee’s official
personnel file. The annual notice shall be in English and Spanish and must contain the name of the
person who is designated to receive written notification of policies or practices that might violate
CEPA. All complaints will be taken seriously and promptly investigated.
The Borough shall not take any retaliatory action or tolerate any reprisal against an employee for
any of the following:
• Disclosing or threatening to disclose to a Department Supervisor, Council Liaison, other
official or to a public body, as defined in the Conscientious Employee Protection Act
(N.J.S.A. 34:19-1 et seq.) an activity, policy or practice that the employee reasonably
believes is in violation of a law, a rule or regulation promulgated pursuant to law;
• Providing information to, or testifying before any public body conducting an investigation,
hearing, an inquiry into any violation of law, or a rule or regulation promulgated pursuant
to law; or
• Objecting to, or refusing to participate in any activity, policy, or practice that the employee
reasonably believes is a violation of a law, rule or regulation promulgated pursuant to law;
is fraudulent or criminal; or is incompatible with a clear public policy mandate concerning
the public health, safety, or welfare.
In accordance with the statute, the employee must bring the violation to the attention of the
Department Supervisor, Council Liaison or Personnel Committee. However, disclosure is not
required where (1) the employee is reasonably certain that the violation is known to one or more
officials; (2) where the employee reasonably fears physical harm; or (3) the situation is emergency
in nature. Employees are encouraged to complain in writing using the Employee Complaint form.
See Employee Complaint Policy. Under the law, the employee must give the Borough a reasonable
opportunity to correct the activity, policy or practice. The administration of whistle blower
complaints is not subject to the limitations in the Grievance Policy.
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Chapter 7.07
DRESS CODE POLICY
Dress, grooming and personal hygiene must be appropriate for the position. Uniforms are required
for certain jobs and are to be worn in accordance with applicable departmental standards. All other
employees are required to dress in a manner that is normally acceptable in similar business
establishments and consistent with applicable safety standards.
Employees shall not wear suggestive attire or clothing which does not present a businesslike
appearance. Hair, sideburns, moustaches and beards must be clean, combed and neatly trimmed.
Shaggy, unkempt hair is not permissible regardless of length.
Tattoos: The Borough of Kinnelon expects all employees to exercise appropriate judgment with
regard to personal appearance, dress and grooming to be most effective in the performance of their
workplace duties. The Borough of Kinnelon recognizes that personal appearance is an important
element of self-expression and strives not to control or dictate appropriate employee appearance,
specifically with regard to jewelry or tattoos worn as a matter of personal choice.
In keeping with this approach, the Borough of Kinnelon allows reasonable self-expression through
personal appearance and will permit employees to wear jewelry or to display tattoos at the
workplace, with the following prohibitions:
1. No visible tattoos on the neck, head, face.
2. No tattoos or jewelry that pose a safety hazard, such as surgically implanted ball bearings,
spikes, etc.
3. No tattoos or jewelry that interfere or comprise with the employee’s ability to conduct
his/her workplace functions.
4. No tattoos or jewelry that could cause damage to Kinnelon property.
5. No tattoos or jewelry that compromises the productivity or performance expectations of
employees.
6. No tattoos or jewelry that are offensive to co-workers, Borough residents or others in the
workplace based on racial, sexual, religious, ethnic, or other characteristics or attributes of
a sensitive or legally protected nature.
If the Borough of Kinnelon determines an employee’s jewelry or tattoos may present such a
conflict, the employee will be encouraged to identify appropriate options, such as removal or
covering of jewelry and tattoos, transfer to an alternative position, or other reasonable means to
resolve the conflict.
It is the goal of the Borough of Kinnelon to foster an environment of mutual cooperation, respect,
and fair and consistent treatment for all employees.
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Nonetheless, the Borough of Kinnelon is legally responsible for ensuring that no employees are
subject to harassment or a hostile work environment. As an initial step toward resolution of any
complaint or offense under this policy, Department Supervisors shall be responsible for explaining
the policy and addressing employee questions and concerns. If an agreeable solution cannot be
reached at that stage, the Kinnelon Borough Attorney will follow Borough procedures to resolve
the issue. (5/09/16)
Chapter 7.08
TELEPHONE PROTOCOL
Department Supervisors will instruct employees in telephone usage procedures and proper
telephone answering techniques, including the following:
• Answer telephones and voicemail promptly and courteously.
• Identify the department and give your name (first and/or last name)
• When taking messages, get the caller's name, telephone number including area code and a
brief message. Also indicate the date and time of the call and your initials.
Chapter 7.09
REIMBURSEMENT FOR EXPENSES
Employees who receive advance approval from their Department Supervisor will be reimbursed
for legitimate expenses. All requests for such reimbursement must be itemized, substantiated by
receipts and provided for in the department’s annual budget. All reimbursement requests must be
made within one (1) month of incurring the cost.
Use of personal vehicles for Borough business is reimbursed at the rate specified by Borough
policy. Use of personal vehicles must be approved by the Department Supervisor (or by the
Council Liaison for a Department Supervisor) prior to incurring the cost which must be provided
for in the department’s annual budget.
Chapter 7.10
DRUGS AND ALCOHOL POLICY
The Borough recognizes that the possession or use of unlawful drugs and the abuse of alcohol pose
a threat to the health and safety of all employees. Any employee who is observed by a Department
Supervisor to be intoxicated or under the influence of alcohol or drugs during working hours or is
under reasonable suspicion of same shall be immediately tested and is subject to discipline up to
and including termination. The Department Supervisor will immediately report any reasonable
suspicions to the Council Liaison and Personnel Committee.
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An employee will be required to submit to alcohol, drug or controlled substance testing when the
employee’s work performance causes a reasonable suspicion that that employee is impaired due
to current intoxication, drug or controlled substance use, or in cases where employment has been
conditioned upon remaining alcohol, drug, or controlled dangerous substance free following
treatment. Refusal to submit to testing when requested may result in immediate disciplinary action,
including termination. Department Supervisors that observe behavior constituting reasonable
suspicion are required to institute testing and do not have the option of sending the employee home
as an alternative.
The manufacturing, distribution, dispensation, possession, and use of alcohol or unlawful drugs on
Borough premises or during work hours by employees is strictly prohibited.
Employees must notify their supervisor within five (5) days of conviction for a drug or alcohol
related violation, whether or not the violation occurred in the workplace.
Employees who are required to maintain a Commercial Driver’s License (CDL) are subject to
random drug testing as required by the federal government.
Employees using prescription drugs that may affect job performance or safety must notify the
Department Supervisor or Personnel Committee who is required to maintain the confidentiality of
any information regarding an employee’s medical condition in accordance with the Health
Insurance Portability and Protection Act. Borough personnel who hold a Commercial Driver’s
License (CDL) are subject to the provisions of the Commercial Driver’s Licenses Drug and
Alcohol Testing Policy. (A program to assist employees who may have a drug/alcohol problem is
provided through the Borough’s Employee Assistance Program.)
No prescription drug should be used by any person other than the individual to whom it is
prescribed. Such substances or non-prescription (over-the-counter) drugs should be used only as
prescribed or indicated. Employees are prohibited from consuming prescription drugs that are not
prescribed in their name on Borough property or while performing Borough business. Soliciting
or distributing prescription drugs for or to other employees is also strictly prohibited.
Amendment to Chapter 7.10 Drugs and Alcohol Policy
Consistent with the guidance issued by the New Jersey Cannabis Regulatory Commission
concerning workplace testing of employees based upon reasonable suspicion, behavior that
provides reasonable suspicion supporting a test for controlled substances or alcohol use must be
observed and documented by a supervisor/manager. If possible, the behavior should be observed
and documented by two supervisors/managers. The documentation of the employee’s conduct
shall be prepared by the observing supervisor(s)/manager(s) within 24 hours of the observed
behavior or before the results of the tests are released, whichever is earlier.
Supervisors/managers should consult with the Business Administrator and Labor Counsel to
determine the appropriateness of testing based upon reasonable suspicion. Supervisors/managers
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must also provide their observation information on the Borough’s Reasonable Suspicion Observed
Behavior Report.
Chapter 7.11
MEDICAL MARIJUANA
The Borough will not consider whether an employee who tests positive for marijuana use is a
registrant under the New Jersey Compassionate Use Medical Marijuana Act, S. 119, 213th Leg.,
(N.J. 2010) when making employment decisions on the basis of marijuana use, which is strictly
prohibited under this policy.
Chapter 7.12
COMMUNICATION MEDIA POLICY/SOCIAL MEDIA POLICY
The Borough's Communication Media are the property of the Borough and, as such, are to be used
for legitimate business purposes only. For purposes of this Communication Media Policy,
“Communication Media” includes all electronic media forms provided by the Borough, such as
cell phones, smart phones, computers, electronic tablets, access to the internet, voicemail, email,
and fax. Employees are restricted from accessing or using the Borough’s Communication Media
for personal purposes during Borough time on Borough equipment without prior authorization
from the Administration to do so.
All data stored on and/or transmitted through Communication Media is the property of the
Borough. For purposes of this policy, “Data” includes “electronically-stored files, programs,
tables, data bases, audio and video objects, spreadsheets, reports and printed or microfiche
materials which serve a Borough business purpose, regardless of who creates, processes or
maintains the data, or whether the data is processed manually or though any of the Borough's
mainframe, midrange or workstations; servers, routers, gateways, bridges, hubs, switches and other
hardware components of the Borough's local or wide-area networks.”
The Borough respects the individual privacy of its employees. However, employee
communications transmitted by the Borough's Communication Media are not private to the
individual. All Communication Media and all communications and stored information
transmitted, received, or contained in or through such media may be monitored by the
Borough. The Borough reserves the absolute right to access, review, audit and disclose all
matters entered into, sent over, placed in storage in the Borough's Communication Media.
By using the Borough's equipment and/or Communication Media, employees consent to have such
use monitored at any time, with or without notice, by Borough personnel. The existence of
passwords does not restrict or eliminate the Borough's ability or right to access electronic
communications. However, pursuant to New Jersey law, the Borough cannot require the employee
to provide the password(s) to his/her personal account(s).
All email, voicemail and Internet messages (including any technology-based messaging) are
official documents subject to the provisions of the Open Public Records Act (NJSA 47:1A-1).
Employees of the Borough are required to use the assigned municipal email account for ALL
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Borough business and correspondence. The use of private email accounts for ANY Borough
business or during business hours is strictly prohibited. Employees are hereby advised that if they
conduct work-related business on their personal emails, cell phones, or other personal
Communication Media, it is also subject to the provisions of the Open Public Records Act.
However, nothing in this social media policy prevents employees from using his/her own personal
Communication Media during the employee’s non-working hours to engage or participate in
protected concerted activities pursuant to the National Labor Relations Act. Protected concerted
activities include when an employee addresses group concerns with the employer; forms, joins or
helps a labor organization; initiates, induces or prepares for group action; or speaks on behalf of
or represents other employees. Nevertheless, employees are encouraged to resolve workplace
grievances internally by discussing issues with their supervisor and/or the Administration, and are
asked to refrain from posting comments or materials on Communication Media that can be viewed
as malicious, obscene, threatening, intimidating, or that could create a hostile work environment
on the basis of race, sex, disability, religion or any other status protected by law if the employee
chooses to address their grievances using Communication Media.
Employees can only use the Borough's Communication Media for legitimate business purposes.
Employees may not use Borough's Communication Media in any way that is defamatory, obscene,
or harassing or in violation of any Borough rules or policy. Examples of forbidden transmissions
or downloads include sexually-explicit messages; unwelcome propositions; ethnic or racial slurs;
or any other message that can be construed to be harassment or disparaging to others based on
their actual or perceived age, race, religion, sex, sexual orientation, gender identity or expression,
genetic information, disability, national origin, ethnicity, citizenship, marital status or any other
legally recognized protected basis under federal, state or local laws, regulations or ordinances.
Further, discriminatory remarks, harassment, bullying, threats of violence and similar behavior
that is not tolerated in the workplace are also not acceptable through Communication Media,
whether same is performed on the Borough’s equipment or on the employee’s own personal
Communication Media.
All employees, who have been granted access to electronically-stored data, must use a logon ID
assigned by Borough. Certain data, or applications that process data, may require additional
security measures as determined by the Borough. Employees must not share their passwords; and
each employee is responsible for all activity that occurs in connection with their passwords.
Information security is necessary to protect the Borough’s information (data and software) from
accidental or intentional unauthorized disclosure, modification, or loss. Information security is
managed under guidelines dealing with identification, authentication, authorization, production
environment, and ability to audit. All employees should be familiar with such security measures
adopted by the Borough.
All employees may access only data for which the Borough has given permission. All employees
must take appropriate actions to ensure that Borough data is protected from unauthorized access,
use or distribution consistent with these policies. Employees may not access or retrieve any
information technology resource and store information other than where authorized. All Borough
data must be stored centrally as required by Borough. This provides greater security, and ensures
backup of all Borough data is performed.
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Employees must not disable anti-virus and other implemented security software for any reason, in
order to minimize the risk of introducing computer viruses into the Borough's computing
environment.
Employees may not install, modify or remove ANY hardware device, software application,
program code, either active or passive, or a portion thereof, without the express written permission
from the Borough. Employees may not upload, download, or otherwise transmit commercial
software or any copyrighted materials belonging to parties outside of the Borough, or licensed to
the Borough. Employees shall observe the copyright and licensing restrictions of all software
applications and shall not copy software from internal or external sources unless legally
authorized. Workstation settings and configurations and network settings must not be modified
by unauthorized employees. Internet security settings (where applicable) must not be changed.
The foregoing includes but is not limited to the systems Network ID (or Computer Name), IP
Address, Gateway and DNS addresses, etc.
Social Media and its uses in government and daily life are expanding each year however,
information posted on a website is available to the public; therefore, employees must adhere to the
following guidelines for their participation in social media. Only those Employees directly
authorized by the Governing Body may engage in social media activity during work time through
the use of the Borough's Communication Media, as it directly relates to their work and it is in
compliance with this policy.
Employees must not reveal or publicize confidential Borough information. Confidential
proprietary or sensitive information may be disseminated only to individuals with a need and a
right to know, and where there is sufficient assurance that appropriate security of such information
will be maintained. Such information includes, but is not limited to the transmittal of personnel
information such as medical records or related information. In law enforcement operations,
confidential, proprietary or sensitive information also includes criminal history information,
confidential informant identification, and intelligence and tactical operations files.
No Borough employee shall post internal working documents to social media sites. This includes,
but is not limited to, screenshots of computer stations, pictures of monitors and/or actual
documents themselves without the prior approval of the Governing Body. In addition employees
are prohibited from releasing or disclosing any photographs, pictures, digital images of any crime
scenes, traffic crashes, arrestees, detainees, people or job related incident or occurrence taken with
the Borough's Communication Media to any person, entity, business or media or Internet outlet
whether on or off duty without the express written permission of the Governing Body. Except in
“emergency situations, “Employees are prohibited from taking digital images or photographs with
media equipment not owned by the Borough.
For purposes of this section, an “emergency situation” involves a sudden and unforeseen
combination of circumstances or the resulting state that calls for immediate action, assistance or
relief, and may include accidents, crimes and flights from accidents or crimes and the employee
does not have access to the Borough's Communication Media. If such situation occurs, employee
agrees that any images belong to the Borough and agree to release the image to the Borough and
ensure its permanent deletion from media device upon direction from the Borough.
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No media advertisement, electronic bulletin board posting, or any other communication accessible
via the Internet about the Borough or on behalf of the Borough, through the use of the Borough’s
Communication Media may be issued unless it has first been approved by the Borough’s
Administration. Specifically, employees are forbidden from using the Borough’s Communication
Media to impersonate the employer; to make statements on behalf of the employer without
authorization; and/or to make statements that can be construed as establishing what the employer’s
official position or policy is on any particular issue. In addition, employees are prohibited from
placing or posting on the Internet through the employer’s Communication Media or the
employee’s own personal media, either during working or non-working hours, any employer-
related confidential, sensitive or other employer information of a proprietary nature, including but
not limited to employer records or documents, trade secrets, internal reports, tips based on inside
information that may be considered insider trading, screenshots of computer stations, pictures of
monitors and/or actual documents of the employer, any photographs, pictures, digital images of
any crime scenes, traffic crashes, arrestees, detainees, people or job-related incidents or
occurrences.
Because (authorized) postings placed on the Internet through use of the Borough's Communication
Media will display on the Borough's return address, any information posted on the Internet must
reflect and adhere to all of the Borough's standards and policies.
All users are personally accountable for messages that they originate or forward using the
Borough's Communication Media. Misrepresenting, obscuring, suppressing, or replacing a user’s
identity on any Communication Media is prohibited. “Spoofing” (constructing electronic
communications so that it appears to be from someone else without a legitimate authorized purpose
and authorized by the Governing Body) is prohibited.
Employees must respect the laws regarding copyrights, trademarks, rights of the Borough and
other third-party rights. Any use of the Borough's name, logos, service marks or trademarks
outside the course of the employee’s employment, without the express consent of the Borough, is
strictly prohibited. To minimize the risk of a copyright violation, employees should provide
references to the source(s) of information used and cite copyrighted works identified in online
communications.
If employees choose to identify themselves as a Borough employee on their personal social media
accounts and even those that do not should be aware that he or she may be viewed as acting on
behalf of the Borough, as such no employee shall knowingly represent themselves as a
spokesperson of the Borough, post any comment , text, photo, audio, video or other multimedia
file that negatively reflects upon the Borough expresses views that are detrimental to the
Borough’s mission or undermine the public trust or is insulting or offensive to other individuals
or to the public in regard to religion, sex, race or national origin. Borough employees are
encouraged to exercise extreme caution posting photographs of themselves in uniform or in
situations where they can be readily identified as Borough employees.
To the extent that employees use social media outside their employment while engaging in
protected concerted activities as defined above, employees will not be subject to discipline or
retaliation for expressing views, opinions, and/or facts surrounding the Borough’s employment
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policies. For all other communications by employees on personal social media sites in which
matters related to the Borough are discussed, employees must add a disclaimer on the front page
stating that the posting does not express the views of the Borough, and that the employees are
expressing their own personal views. For example: “The views expressed on this website/web
log are mine alone and do not necessarily reflect the views of my employer.” The disclaimer
must be placed in a prominent position and repeated for each posting that is expressing an opinion
related to the Borough or the Borough’s business, with the exception of postings and social media
communications by employees engaging in protected concerted activities. Employees are advised
that if they post information on social media that is in violation of either the terms and conditions
of the within social media policy, or in violation of federal, state, or local laws, the disclaimer will
not shield them from disciplinary action. However, no retaliation or discipline will result if and
when employees are engaging in protected concerted activity, and/or choose to report
inappropriate social media activities to the Borough Administration.
Nothing in these policies is designed to interfere with, restrain, or prevent social media
communications by employees engaging in protected concerted activities regarding wages, hours,
or other terms and conditions of employment pursuant to the National Labor Relations Act. All
Borough employees have the right to engage in or refrain from such activities.
Chapter 7.13
USE OF INTERNET
The Borough provides Internet access to its employees in order to make available a vast array of
information resources and to allow participation in and access to increasing county and state
resources.
Employees must comply with all policies adopted by the Borough, including but not limited to
policies regarding prohibition of discrimination and harassment and all applicable federal, state
and local laws, including laws governing the transmission and dissemination of information while
accessing the Internet.
Employees who are using Internet may not:
•
Use the network to make unauthorized entry into other computational, informational or
communication services or resources;
•
Distribute unsolicited advertising;
•
Invade the privacy of others;
•
Make any attempt to damage computer equipment or software;
•
Engage in any activity that is harassing or defamatory;
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•
Use the Internet for any illegal activity, including violation of copyright or other rights of
third parties, or in a manner inconsistent with the Borough’s tax-exempt status or its proper
operation; and/or
•
Download unauthorized software, fonts, templates or scripts.
As stated in the Communications Policy above the Borough reserves the right to monitor the
employee’s Internet usage. In addition, the Borough has the right to restrict access to specific
types of prohibited content through the use of a content filtering system.
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Chapter 7.14
NEPOTISM
The hiring, promoting, transferring, demoting or reassigning of relatives is prohibited if the
employment of such an individual would result in the creation of a prohibited employment
relationship.
A prohibited relationship is created when:
1. One relative would have the authority to supervise either directly or from one level above,
appoint, remove, discipline, evaluate or otherwise affect the work or employment of another
relative.
2. The relative would be responsible for auditing the work of the other.
3. Other circumstances exist which would place the relatives in a situation of actual or reasonably
foreseeable conflict between the Borough’s interest and their own.
Employees who marry or become related by marriage may continue in their employment if the
marriage does not result in the creation of a prohibited relationship. Where the marriage results in
the creation of a prohibited relationship, the Borough will explore potential accommodations
including the reassignment of one or both employees to available positions for which the
employees are qualified. Relative includes spouse, parent, step-parent, child, step-child, sibling,
step sibling, half-sibling, father-in-law, mother-in-law, sister-in-law, brother-in-law, grandparent,
grandchild, aunt, uncle, niece, nephew, and first cousins.
This policy applies to all employees hired, promoted, transferred, demoted, or reassigned on or
after the date of adoption and to all prohibited relationships created on or after the date of
adoption.
Chapter 7.15
EMPLOYEE DATING POLICY
The Borough recognizes the right of employees to engage in social relationships with each other,
including relationships of a romantic or intimate nature. However, the municipality also recognizes
that such relationships can be a problem in the workplace. They may result in favoritism,
discrimination, unfair treatment, friction among coworkers, or the perception that they generate
such problems.
Supervisor/Subordinate Dating
To try to achieve a balance between employee rights and workplace needs, the Borough has
adopted the following policy on the subject of supervisor/subordinate dating.
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If such a relationship exists or develops, both parties involved shall report the fact to
• Their immediate supervisor, and/or
• Borough Administrator
For the purposes of this policy, a supervisor/subordinate status means a situation where one
employee, irrespective of job title [or civil-service classification], makes or has the authority to
make decisions or to take action concerning another employee’s compensation, promotion,
demotion, discipline, daily tasks, or any other terms, conditions or privileges of employment with
the municipality.
If the employees involved in the relationship are also in a supervisor/subordinate status,
management may take any action which it deems appropriate, up to and including transferring one
of the parties so that there is no longer a supervisor/subordinate relationship between them.
In Addition, management reserves the right to address any workplace issues that may result from
that relationship in the manner it deems appropriate.
Any employee who violates this policy will be subject to disciplinary action, up to and including
discharge. The municipality regards a violation of this policy as particularly serious because such
workplace relationships can cause favoritism, discrimination, unfair treatment for other
interference with municipal operations.
Nothing in this policy alters an employee’s at-will status
Chapter 7.16
ANTI-RECORDING POLICY
It is a violation of Borough policy to record conversations with a tape recorder, digital recorder or
other recording device (such as a smart phone, for example) unless:
(1) prior approval is received from your supervisor or a member of upper-level
management; or
(2) all parties to the conversation give their consent in writing prior to the recording of
such conversation.
The purpose of this policy is to encourage open and frank communication amongst Borough
employees, co-workers, and supervisors. Open communication is jeopardized by the fear that
otherwise private conversations are being secretly recorded, which is destructive to employee
morale, inimical to the value of loyalty that the Borough seeks to foster in its workforce, and
threatens the confidentiality of sensitive Borough information.
Violation of this policy will result in disciplinary action, up to and including termination.
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Chapter 7.17
SECURITY POLICY
The Borough makes every effort to provide for employees’ safety and security while at work. The
Borough, however, does not accept responsibility for the protection of employees’ personal
property. The Borough is not liable for loss or damage to personal property.
The Borough maintains a work environment that is free of illegal drugs, alcohol, unauthorized
firearms, explosives, or other improper materials. To this end, the Borough prohibits the
possession, transfer, sale, or use of such materials on its premises. The Borough requires the
cooperation of all employees in administering this policy. Desks, lockers, other storage devices,
and Borough vehicles may be provided for the convenience of employees, but remain the sole
property of the Borough. Accordingly, they, as well as any articles found within them, can be
inspected by any agent or representative of the Borough at any time, either with or without prior
notice. The Borough may conduct video surveillance of Borough property to, among other things,
identify safety concerns, detect theft, and discourage or prevent acts of harassment and workplace
violence. Additionally, the Borough may monitor employee e-mails.
Security is everyone’s responsibility. If any employee sees or suspects that an individual is
breaching security, it is the employee’s responsibility to notify his or her supervisor or Department
Head immediately. In the event a serious incident occurs, employees must report it to their
Department Head promptly. The following are examples of serious incidents that should be
reported immediately:
1. Any accident which results in the injury of a third party while on the premises.
2. Any incident in which physical force is either used by or against an employee.
3. Any incident which involves a crime, or an attempt to commit a crime, such as robbery or the
theft of money.
4. Any incident in which a serious unfavorable reaction from the public might be expected.
5. The loss of Borough keys.
6. Any other incident, which an employee believes is of a nature that it should be brought to the
attention of the Department Head without delay.
Employees are encouraged to make any reports, in writing, so that they may be properly addressed
by the Borough.
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Chapter 7.18
SAFE TREATMENT OF MINORS
Purpose and Scope:
Under New Jersey law (N.J.S.A. 6-8.21), an abused or neglected child is anyone “under the age of
18 who is caused harm by a parent, guardian or other person having custody or control of that
minor.”
The Borough is committed to the safety of all individuals in its community; however, the Borough
has particular concern for those who are potentially vulnerable, including minor children. The
Borough regards the abuse of children as abhorrent in all its forms and pledges to hold its officials,
employees and volunteers to the highest standards of conduct in interacting with children.
The Borough is fully committed to protecting the health, safety and welfare of minors who interact
with officials, employees, and volunteers of the Borough to the maximum extent possible. These
Policy and Procedures establish the guidelines for officials, employees, and volunteers who set
policy for the Borough or may work with or interact with individuals under 18 years of age, and
those who supervise employees, and volunteers who may work with or interact with individuals
under 18 years of age, with the goal of promoting the safety and wellbeing of minors.
This Model Policy provides guidelines that apply broadly to interactions between minors and
officials, employees, and volunteers in programs operated by the Borough or affiliated programs
or activities. All officials, employees, and volunteers are responsible for understanding and
complying with this policy.
Reporting Suspected Child Abuse/Neglect:
In light of the importance and priority placed on safeguarding the health and safety of minors, it is
critically important that suspected cases of child abuse and neglect are reported as soon as possible.
As a government official, employee or volunteer, you are legally required to report suspected
child abuse. This requirement includes all governmental officials, employees and volunteers.
Chapter 8
MUNICIPAL FACILITIES AND EQUIPMENT
Chapter 8.01
BUILDING SECURITY
The Borough of Kinnelon will make every attempt to assure a secure building. However, because
the public has access to the general office area and at times the private offices, the Borough
assumes no responsibility for employees' personal property beyond maintenance of a reasonably
secure building. Employees should monitor the security of their own work area or office.
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Chapter 8.02
SAFETY POLICY
The Borough will provide a safe and healthy work environment and shall comply with the Public
Employees Occupational Safety and Health Act (PEOSHA). The Borough is equally concerned
about the safety of the public. Consistent with this policy, employees will receive periodic safety
training and will be provided with appropriate safety equipment. Employees are responsible for
observing safety rules and using available safety devices including personal protective equipment.
Failure to do so constitutes grounds for disciplinary action. Any occupational or public unsafe
condition, practice, procedure or act must be immediately reported to the Department Supervisor.
Any on-the-job accident or accident involving Borough facilities, equipment or motor vehicles
must also be immediately reported to the Department Supervisor.
The Borough has appointed a Safety Committee that meets on a regular basis to discuss and
recommend solutions to safety problems. Employees are encouraged to discuss safety concerns
with their Safety Committee Representative.
Chapter 8.03
USE OF BOROUGH VEHICLES, EQUIPMENT/SUPPLIES
Vehicle Procedures: Employees assigned vehicles or Department Supervisors whose units are
assigned vehicles are responsible for ensuring vehicles are clean, in good operating condition,
serviced according to the established preventative maintenance schedule and inspected by the
Division of Motor Vehicles as required.
Current insurance cards will be provided by the Borough Clerk and placed in vehicle glove
compartments by the employee or Department Supervisor responsible for that vehicle. It is the
operator's responsibility to be sure the current vehicle registration and insurance card are in his/her
possession.
Department Supervisors shall control the use of vehicles, which have been assigned to their work
unit. Vehicles shall be used for official, work-related activities only, except where provided for
otherwise by contract or prior agreement with the Governing Body. Only authorized persons may
be transported in Borough vehicles. Unauthorized personal use of vehicles is prohibited and shall
be cause for disciplinary action and/or termination of employment.
Any employee who drives their own or a Borough vehicle while on Borough business must possess
a current, valid driver's license. Suspension or revocation of the driver's license must be
immediately reported to the Department Supervisor and the Borough Clerk. Loss of driving
privileges may result in termination of employment if driving is an integral part of the job.
Any damage to Borough vehicles must be reported in writing to the Department Supervisor who
shall notify the Borough Clerk by the end of the next working day. Any employee found to be
negligent in the operation of a Borough vehicle may be subject to disciplinary action.
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No Smoking in Borough Vehicles: Smoking in Borough vehicles is prohibited.
Mandatory Use of Seatbelts: All employees driving municipal vehicles or another vehicle on
Borough business are required to wear seat belts and assure that any passengers also do so, in
compliance with State Law. All employees driving municipal vehicles or another vehicle on
Borough business are required to wear seat belts and assure that any passengers also do so, in
compliance with State Law.
Department Supervisors are responsible for enforcement of this policy and must supervise and
discipline employees in the use of seat belts. Failure to use seat belts may result in disciplinary
action against the driver failing to use seat belts and his/her Department Supervisor.
Other consequences to the driver of a vehicle in which the use of seat belts is ignored may be:
• loss of workmen's compensation claim or related benefits;
• they may be required to indemnify the Borough;
• in recovery suits, they may be precluded from or limited to partial recovery.
Use of Borough Equipment and Supplies: Borough equipment and supplies assigned to
employees are the responsibility of those employees and are to be used for Borough business only.
Unauthorized use, or removal, of Borough equipment and/or supplies shall be cause for
disciplinary action and/or termination of employment. Use of Borough equipment and/or supplies
that violates departmental rules and regulations shall be cause for disciplinary action and/or
termination of employment.
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Chapter 8.04
SMOKE-FREE BUILDINGS
In compliance with New Jersey State law, smoking is not permitted in the Municipal Building.
Employees must limit their time to smoke to an aggregate of ten (10) minutes in the morning and
ten (10) minutes in the afternoon. Smoking time will replace time allocated for coffee breaks. It is
the responsibility of every Department Supervisor to monitor his/her department’s use of the
smoking area.
Chapter 8.05
VIDEO SURVEILLANCE
The Borough may install video surveillance camera systems within public buildings and
throughout public areas within the Borough, primarily as visual deterrents of criminal behavior
and for the protection of employees and municipal assets. In implementing these video camera
systems, the Borough will ensure compliance with federal, state and local laws governing such
usage.
The Borough’s video surveillance camera system are a significant tool to which the employees of
the Borough will avail themselves in order to complete the goals and objective of the Borough.
Employees are only permitted to use the video surveillance camera systems for a legitimate
purpose and with proper authorization. The Borough’s designee will be responsible for
authorization of users. The improper use of these systems can result in discipline up to and
including termination.
No employee is permitted to view, continually watch, search, copy or otherwise use on of the
Borough’s video surveillance camera systems or tamper with access, archive, alter, add to, or make
copies of any data that has been recorded and stored within any of these systems without (1) a
specific legitimate purpose and (2) permission from the designee of the Borough.
The Borough shall designate a person to be responsible for the maintenance and administration of
the video surveillance camera system. Such designee will be responsible for maintaining a user
access log detailing the date and name of individuals who view/access a stored recording.
Any employee who becomes aware of any unauthorized disclosure of a video record in a
contravention of this policy and /or a potential privacy breach has the responsibility to ensure that
the Governing Body is immediately informed of such breach.
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Contacts
Karen Ieule
Kinnelon Municipal Clerk · Borough Clerk's Office
hidden@email.com
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Timeline
First Discovered
Apr 2, 2026
Last Info Update
Apr 30, 2026
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