§ 10-2. APPOINTMENTS.

10-2.1 Power of Appointment. All officers and department heads of the Borough shall be appointed by the Mayor with the advice and consent of the Council except as otherwise provided by this Code or general law. All permanent employees of the Borough shall be hired by department heads of the Borough subject to the approval or disapproval of the Mayor and Council except as otherwise provided by general law.

(Ord. #1015, § 5-2.1; Ord. #145-90, § 1)

10-2.2 Qualifications. Original appointments to fill vacancies or for new positions shall be limited to qualified persons who have been interviewed or tested concerning such factors as education, experience, aptitude, knowledge, character and physical and mental fitness.

(Ord. #1015, § 5-2.2)

10-2.3 Preference to Borough Employees and Residents. Provided they are qualified for the positions for which they have applied, preference shall be given in appointments to vacancies and new positions, first to employees of the Borough and second to persons who are residents of the Borough at the time of their appointment.

(Ord. No. 204-12, 12-17-2012; Ord. No. 231-13, 8-26-2013)

10.2.4 Application for Appointment. Applicants for Borough employment shall apply on forms provided by the Borough Clerk which have been designed to obtain pertinent information concerning the applicant's education, training, experience, character and other factors necessary to determine his fitness and qualification for service to the Borough. All applications shall be filed with the Borough Clerk who shall refer them to the Mayor and Council at their next regularly scheduled meeting.

(Ord. #1015, § 5-2.4)

10.2.5A Processing. The Borough Clerk shall be charged with processing all applications for appointment to vacancies or new positions and referring them to the Mayor and Council. Where it appears that an applicant is otherwise qualified for Borough employment, the Borough Clerk shall, under the direction of the Mayor and Council, require that the applicant satisfactorily pass physical and mental examinations to be conducted by a physician of the Borough's choosing and to furnish evidence that he is physically and mentally fit for the position for which he seeks employment.

(Ord. #1015, § 5-25; Ord. #1176, § 1; Ord. #12-89, § 2)

10-2.5B Drug and Alcohol Use Screening.

a.

Policy. It shall be the express policy of the Borough of Sayreville to screen all applicants for employment within the Borough of Sayreville for alcohol and drug abuse. Every applicant for a position of employment within the Borough of Sayreville shall be required to submit to a blood or urine test to be conducted by a physician of the Borough's choosing. This test shall be performed concurrently with the physical and mental examinations required by the Borough of Sayreville pursuant to subsection 10-2.5B, a. Each test shall screen for alcohol, cocaine, marijuana, amphetamines, barbiturates, steroids, and any other illegal drug as the council shall cause to be included by subsequent ordinance. Each applicant shall be required to notify the Borough of Sayreville in advance if said employee is or shall be using drugs lawfully prescribed by a physician where said drug or substance appears on the list of substances prohibited by the Borough.

b.

Independent Testing. Each applicant shall be given the opportunity to have an additional specimen taken at the same time, if he so chooses and he may have it examined by an independent laboratory of his choice at his own expense. Said additional specimen shall be sealed in the applicant's presence and shall be delivered by the administering physician to the laboratory of the applicant's choice at the applicant's expense. Each applicant for employment in the Borough of Sayreville shall be informed prior to the issuance of the test of their right to have said additional specimen taken and analyzed. In addition to being informed of the right to have an independent sample taken, the applicant shall be informed of his right to present the Borough with the results of such independently analyzed sample prior to any employment decision being made by the Borough of Sayreville.

c.

Confidentiality. Any and all records with regard to the blood or urine test shall be kept strictly confidential, and shall be protected by nondisclosure of the records to the general public or any persons not directly involved with the program or procedure. The release of any information with regard to the blood or urine testing for the purposes of evidence in the prosecution or investigation of any crime is strictly prohibited.

(Ord. #12-89, § 3)

10-2.5C Pre-Employment Interviews and Screening.

a.

Any department head or Board Chairman of an autonomous body whose personnel is paid through the Office of the Treasurer of the Borough of Sayreville shall notify the Business Administrator in writing of any position wished to be created or filled, a description of the duties to be performed by that position, and the salary range for the position.

b.

All employees will be required to satisfactorily pass a physical and mental examination pursuant to subsections 10-2.5A and 10-2.5B above.

c.

An applicant for any vacancy in the Borough of Sayreville shall be interviewed by the department head. The department head will discuss the position with the applicant and verify that the applicant possesses the necessary job skills, experience and other requirements for the position.

d.

Following the initial interview by the department head, the department head will notify the Business Administrator in writing of the results of the initial interview. If the department head determines that the applicant is satisfactory for the position to be filled, the applicant will be referred to the Borough's physician for a physical examination pursuant to subsections 10-2.5A and 10-2.5B. In addition, the department head will institute a reference check of former employers. If the department head determines that the position to be filled involves duties which are uniquely sensitive, the application will request that the Business Administrator refer the application to the Chief of Police for a background check to determine whether the applicant has been convicted of any crime, misdemeanor or disorderly persons offense involving moral turpitude.

e.

If following interviews, examinations, reference checks, etc., the department head feels that the applicant is satisfactory for the position to be filled, the department head will notify the Business Administrator in writing of his desire to hire the applicant for the position to be filled. The department head should indicate any special qualifications and skills where appropriate. If following the recommendation by the department head for the hiring of the applicant the Business Administrator wishes an interview with the applicant, he shall notify the department head. The department head shall then schedule the interview at a time convenient for the applicant and Business Administrator. If following the interview between the applicant and Business Administrator, the department head still wishes to hire the applicant for the position to be filled, the department head will notify the Business Administrator of this desire.

f.

The Business Administrator will notify the Mayor and Council of the department head's recommendation. The Mayor and Council will consider the applicant at the next regularly scheduled meeting of the Mayor and Borough Council. The Mayor and Borough Council shall have the authority to approve or disapprove the hiring of any permanent employee of the Borough of Sayreville.

(Ord. #145-90, § 2)

10-2.5D Severability. If any section, subsection or paragraph of this Chapter is declared to be unconstitutional, invalid or inoperative in whole or in part by any Court of competent jurisdiction such Chapter, section, subsection or paragraph shall, to the extent that it is nonconstitutional, invalid or inoperative remain in full force and effect and no such determination shall be deemed to invalidate the remaining sections, subsections or paragraphs of this Code.

(Ord. #12-89, § 4; Ord. #145-90, § 3)

10-2.6 Grounds for Rejection of an Applicant. An applicant for Borough employment may be rejected where he:

a.

Is not qualified for appointment to the position for which he has applied;

b.

Is physically mentally or psychologically unfit to perform the duties of the position for which he has applied;

c.

Is addicted to the habitual or excessive use of drugs or intoxicants;

d.

Has been convicted of any crime or offense, including disorderly persons offenses involving moral turpitude;

e.

Has received other than an honorable discharge from the armed services of the United States;

f.

Has been dismissed from previous employment for delinquency, insubordination or misconduct;

g.

Has practiced or attempted to practice any deception or fraud in his application or in furnishing other evidence of eligibility for appointment;

h.

Is not within age limits that have been established for the position for which he seeks appointment.

(Ord. #1015, § 5-2.6; Ord. #1176, § 2)