[HISTORY: Adopted by the City Council of the City of Trenton 1-23-2020 by Ord. No. 20-1. Amendments noted where applicable.]
The following definitions apply to each section of this chapter:
APPOINTED OFFICIAL
An individual, appointed either by the Mayor and/or City Council, to any "local government agency" as that term is defined within N.J.S.A. 40A:9-22.3e and includes, but is not limited to, appointees to City departments and/or boards and commissions within the City of Trenton, as well as any other independent local authority or entity created by the City of Trenton which performs functions other than of a purely advisory nature and/or one in which the members receive compensation.
BOARDS AND COMMISSIONS
Includes, but is not limited to, appointees to Board of Education, Capital City Redevelopment Corporation, Landmarks Commission for Historic Preservation, Library Board, Planning Board, Zoning Board, Project Application Review Committee (PARC), Rent Stabilization Board, Trenton Housing Authority, Trenton Parking Authority, and Trenton Downtown Association.
DEPARTMENTS AND OFFICES
Office of the Mayor, Administration and Finance, City Clerk, Fire and Emergency Services, Health and Human Services, Housing and Economic Development, Inspections, Law, Municipal Court, Police, Public Works, Recreation, Natural Resources and Culture and Water and Sewer.
ELECTED OFFICIAL
The Mayor and members of City Council.
FAMILY MEMBER or RELATIVE
A spouse; child; parent; sibling; grandparent; grandchild; father-in-law; mother-in-law; brother-in-law; sister-in-law; stepfather; stepmother; stepsibling; half-brother; half-sister; nephew; niece; first cousin; aunt; uncle; foster child; domestic partner or cohabitants as defined by the New Jersey Civil Union Act, P.L. 2006, c. 103 (Chapter 103).
A. 
No person who is a relative or family member of any elected official or appointed official of the City of Trenton shall be considered for employment as an employee of the City. This applies to full-time, part-time and seasonal employment. This shall not restrict nor prohibit the continued employment of individuals in a position or positions with the City where a relative of a permanent employee is elected after the date of the permanent employee's start date of employment with the City.
B. 
No elected official can serve as liaison to any department or office that employs any member of that elected official's family.
C. 
No municipal employee shall be in a position that provides supervision over a family member.
D. 
These policies are not for the purpose of depriving any citizen of an equal chance for a City government job, but solely to eliminate the potential for preferential treatment of the relatives of City government personnel, appointed or elected officials. These policies will not deprive any permanent, full-time or part-time, employee as of the date of these policies of any promotional right in the normal career development nor change the existing status of any permanent, full-time or part-time, employee. None of these policies apply to any unpaid volunteer positions.
E. 
No appointed and/or elected official or supervisor may participate in the promotion process, or any other personnel matter, of any existing municipal employee who is a relative or family member of such elected official, appointed official or supervisor.
F. 
No family member or relative of an appointed and/or elected official shall be appointed to any municipal position that receives compensation, or to any "local government agency" as that term is defined within N.J.S.A. 40A:9-22.3e and includes, but is not limited to, the Board of Education, Capital City Redevelopment Corporation, Landmarks Commission for Historic Preservation, Library Board, Planning Board, Zoning Board, Project Application Review Committee (PARC), Rent Stabilization Board, Trenton Housing Authority, Trenton Parking Authority, Trenton Downtown Association, and any other agency or board within the City of Trenton, as well as any other independent local authority or entity created by the City of Trenton, which performs functions other than of a purely advisory nature and/or one in which the members receive compensation.
A. 
Investigation. The City of Trenton reserves the right to investigate situations in the workplace to determine whether nepotism exists and therefore presents a possible violation of this policy. If the City determines that a proscribed relationship (as defined by this policy) exists, remedial and/or disciplinary measures, including but not limited to a transfer, reassignment, or dismissal, shall be utilized to mitigate issues that arise relevant to the enforcement of this policy.
B. 
The City of Trenton retains the right to refuse to place employees engaged in relationships prohibited by this policy in the same department where it has the potential for creating adverse impact on supervision, safety, security or morale or involves potential conflicts of interest.
C. 
The City will attempt to transfer one party to the proscribed relationship to a similar classified position in another City Department, should such a position exist, be available, and should the employee possess the skills and qualifications necessary to perform the essential duties of the position. Although the wishes of the involved parties as to which individual will be transferred will be given consideration by the City, the controlling factor in determining who is to be transferred shall be the positive operation and efficiency of the City. If any such transfer results in a reduction in salary or compensation, applicable and legally required due process procedures shall be applied.
D. 
No transfer or reassignment will be inconsistent with any employee's rights under a collective negotiations agreement or civil service rights.
E. 
In lieu of a transfer from one department or office to another, or in situations where no similar counterpart classification exists to which an employee in a proscribed relationship can be transferred, that employee may continue to be employed within the same City department or office subject to approval by the department director and the Mayor.
F. 
The provisions of this nepotism policy are not applicable to individuals employed by the City on or before the date of adoption of this policy. As such, a change in marital status/cohabitation, etc., of any current employee will result in the applicability of this policy.