[Added 4-27-2004 by Ord.
No. 2004-17]
The Township Administrator, Township Clerk and Chief of Police
are hereby authorized to request a criminal history record background
check of any person, in accordance with N.J.S.A. 40:48-1.4, for any
official government purpose, including but not limited to employment,
licensing and the procurement of services. The person submitting to
a criminal history record background check shall submit to being fingerprinted
in accordance with applicable state and federal law, rules and regulations.
The Township Administrator, Township Clerk and Chief of Police are
authorized to exchange fingerprint data with and receive criminal
history record information from the State Bureau of Identification
in the Division of State Police and the Federal Bureau of Investigation.
Any person submitting to a criminal history record background check
in accordance with this section shall pay all of the fees charged
by any other agency, including but not limited to the State Bureau
of Identification in the Division of State Police and the Federal
Bureau of Investigation.
[Added 3-30-2021 by Ord. No. 2021-01; amended 10-25-2022 by Ord. No.
2022-22]
As used in this article, the following terms shall have the
meanings indicated:
Any person whether compensated or not, whether part-time
or full-time (1) serving on a Township Planning Board or Zoning Board
of Adjustment; or (2) who is appointed by the Township as a member
of an independent municipal, county or regional authority.
The elected members of the Township.
A spouse; child; parent; sibling; father-in-law; mother-in-law;
brother-in-law; sister-in-law; stepfather; stepmother; stepsibling;
half-brother; half-sister; foster child; domestic partner or cohabitants
as defined by the New Jersey Civil Union Act; a person with whom there
is a relationship as a legal guardian or in loco parentis.
Any corporation, partnership, or any other incorporated or
unincorporated association, organized for purposes of supporting an
individual seeking to become an elected official.
A transfer of money or other thing of value, made to, or
on behalf of, a candidate committee or political committee. Included
in the definition of a contribution are loans, gifts, subscriptions,
real property, and personal property. A contribution may be in the
form of currency, check, or other negotiable instrument. A contribution
may also be a nonmonetary or "in-kind" contribution.
The municipal, county and state political committees of the
Republican and Democratic parties.
Any group of two or more persons acting jointly, or any corporation,
partnership, or any other incorporated or unincorporated association,
including a political club, political action committee, civic association
or other organization, which in any calendar year contributes or expects
to contribute at least $6,300 to aid or promote the candidacy of any
individual, or the candidacies of individuals, for elective public
office.
Any elected official, municipal official or municipal employee
who has or may have any interest, direct or indirect, in any measure,
indebtedness or action and who participates in discussion with or
gives an official opinion to the Township Committee or to any municipal
agency, board or authority with respect thereto shall disclose on
the records of the Township Committee or agency, board or authority
the nature and extent of such interest. Such personal interests shall
be described in writing and filed with the Township Clerk and shall
be subject to inspection pursuant to the Open Public Records Law.[1]
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
A.
No person
who is a family member or relative of any elected official or the
Township Administrator shall be considered for employment as an employee
of the Township or for appointment as an appointed official. This
applies to full-time, part-time, temporary and seasonal employment.
This shall not restrict nor prohibit (i) the continued employment
of individuals to a position or positions with the Township where
a relative of a permanent employee is elected after the date of the
permanent employee's start date of employment with the Township; (ii)
the continued employment of individuals employed as of the effective
date of this article; or (iii) the appointment of a family member
or relative to a board or committee which performs functions of a
purely advisory nature.
B.
No municipal
employee shall be in a position that provides direct supervision over
any family member or relative of that employee.
C.
One of
the purposes of this policy is to assure that the hiring, promotion,
responsibilities, oath, obligations to the public, salary, work assignments,
performance, appraisals, evaluations or career progress of a person
is not affected by that individual's status as a family member or
relative of an elected official or employee of the Township. These
policies are not for the purpose of depriving any citizen of an equal
chance for a government job, but solely to eliminate the potential
for preferential treatment of the relatives of government personnel
or elected officials. These policies will not deprive any permanent
employee as of the effective date of this article of any promotional
right in the normal career development nor change the existing status
of any permanent employee. Nothing within this policy shall interfere
with a person's right to marry.
D.
The Township
reserves the right to exercise, in its sole discretion, with respect
to placement, employment, transfer, reassignment or continued employment,
where either an actual or perceived conflict of interest exists or
will reasonably arise as well as to avoid or decrease the likelihood
of sexual or other unlawful harassment in the workplace.
A.
No elected
official or supervisor may participate in the promotion process, or
any other personnel decision, of any existing municipal employee who
is a family member or relative of such elected official or supervisor.
B.
No elected
official may participate in the promotion process, or any other personnel
decision, of any existing municipal employee who has, within the three
years prior, made a contribution to:
No family member or relative of an elected official or appointed
official shall be appointed to the position of any municipal professional
who receives compensation, e.g., attorney, planner or engineer.
A.
Any other provision of law to the contrary notwithstanding, the Township
or any of its purchasing agents or agencies or those of its independent
authorities, as the case may be, shall not enter into an agreement
or otherwise contract to procure services from any professional service
provider if that provider has solicited or made any contribution to
the campaign committee of any candidate for municipal office or elected
official having ultimate responsibility for the award of the contract,
or to any political committee that has contributed to any such candidate's
or elected official's campaign committee within one calendar
year immediately preceding the date of the contract or agreement.
B.
No professional service provider which enters into negotiations for,
or agrees to, any contract or agreement with the Township or any department
or agency thereof or of its independent authorities for the rendition
of professional, banking or insurance coverage services or any other
consulting services shall solicit or make any contribution to the
campaign committee of a candidate for municipal office or elected
official having ultimate responsibility for the award of the contract
or to any political committee that has contributed to any such candidate's
or elected official's campaign committee between the time of
first communications between that business entity and the Township
regarding a specific professional services agreement and the later
of the termination of negotiations or the completion of the contract
or agreement.
C.
No professional service provider shall make a contribution to a party
committee at least 60 calendar days prior to any contribution being
made by a party committee to any campaign committee for a Township
municipal candidate or elected official having ultimate responsibility
for the award of a contract.
D.
For purposes of this article, a professional service provider seeking
a public contract means an individual including the individual's
spouse, if any, and any child living at home; person; firm; corporations;
professional corporation; partnership; organization or association.
The definition of a business entity includes all principals who own
1% or more of the equity in the corporation or business trust, partners,
and officers in the aggregate employed by the entity as well as any
subsidiaries directly controlled by the business entity.
E.
For purposes of this section, the office that is considered to have
ultimate responsibility for the award of the contract shall be the
Township Committee or a public officer who is responsible for the
award of a contract if that public officer is appointed by the Township
Committee.
No contribution of money or any other thing of value, including
in-kind contributions, made by a professional service provider to
any municipal candidate or elected official, or to any political committee
that has contributed to any such candidate's or elected official's
campaign committee shall be deemed a violation of this section, nor
shall an agreement for property, goods, or services of any kind whatsoever
be disqualified thereby, if that contribution was made by the professional
service provider prior to the effective date of this article.
A.
Prior to awarding any contract or agreement to procure services,
including banking or insurance coverage services, with any professional
service provider, the Township or any of its purchasing agents or
agencies, as the case may be, shall receive a sworn statement from
the professional service provider made under penalty of perjury that
the bidder or offeror has not made a contribution in violation of
this article.
B.
The professional service provider shall have a continuing duty to
report any violations of this article that may occur during the negotiation
or duration of a contract. The certification required under this subsection
shall be made prior to entry into the contract or agreement with the
Township and shall be in addition to any other certifications that
may be required by any other provision of law.
A.
All Township professional service agreements shall provide that it
shall be a breach of the terms of the government contract for a professional
service provider, as defined in this article, to violate this article
or to knowingly conceal or misrepresent contributions given or received,
or to make or solicit contributions through intermediaries, political
committees, or any party committee for the purpose of concealing or
misrepresenting the source of the contribution.
B.
Any professional service provider, as defined in this article, who
knowingly fails to reveal a contribution made in violation of this
article, or who knowingly makes or solicits contributions through
an intermediary, including but not limited to a political committee
or party committee, for the purpose of concealing or misrepresenting
the source of the contribution, shall be disqualified from eligibility
for future Township contracts for a period of four calendar years
from the date of the violation.
