[HISTORY: Adopted by the Township Council of the Township
of Old Bridge 10-20-2014 by Ord.
No. 2014-18.[1] Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Personal involvement in or direct supervisory responsibility
for the formulation or execution of a contract with the Township in
any capacity, including without limitation the preparation of specifications,
evaluation of bids or proposals, negotiation of contract terms, or
supervision of performance.
Any agency, board, governing body including the chief executive
officer, bureau, division, office, commission or other instrumentality
within the municipality and any independent local authority, including
any entity created by more than one municipality, which performs functions
other than a purely advisory nature, but shall not include a school
board.
A local government officer or a local government employee.
The individual's spouse, domestic partner as defined
in Section 3 of P.L. 2003, c.46 (N.J.S.A. 26:8A-3), or partner in
a civil union couple as defined in Section 2 of P.L. 2006, c.103 (N.J.S.A.
37:1-29), or the individual's or spouse's or partner's
parent, child, brother, sister, aunt, uncle, niece, nephew, grandparent,
grandchild, son-in-law, daughter-in-law, first cousin, stepparent,
stepchild, stepbrother, stepsister, half-brother or half-sister, whether
the relative is related to the individual or the individual's
spouse or partner by blood, marriage or adoption.
A.
The following are prohibited:
(1)
Having a relative employed or sponsoring the employment of a relative
in the governmental agency in which the officer or employee serves;
(2)
Having employed or sponsoring the employment of anyone other than
a relative in exchange for:
(3)
Exercising contract management authority over any public contract
with a person who is, or employs or has a contract with, a relative
of the officer or employee; or
(4)
Using or permitting the use of the officer or employee's exercise of contract management authority over a public contract, when not barred outright under Subsection A(2) to;
(5)
Notwithstanding the provisions of any other law to the contrary,
there shall not be employed, or nominated, proposed or recommended
for employment, in any Township agency in which a member of the Council,
Township officer or employee, or special Township officer or employee
serves or over which the member, officer or employee exercises authority,
supervision, or control:
(a)
Any relative of the member, officer or employee; or
(b)
Any person other than a relative of the member, officer or employee
if the employment, or the nomination, proposal or recommendation for
employment, of that person is in exchange for or in consideration
of:
[1]
The employment, or the nomination, proposal or recommendation
for employment, in the same or any other Old Bridge Township agency,
of any relative of the member, officer or employee by any other such
member, officer or employee, by a local government officer or employee;
or
[2]
The provision of assistance to a relative of the member, officer
or employee in securing employment or contracts with a person engaged
in the performance of a contract for the provision of goods or services
to the same or any other Old Bridge Township agency, or to an Old
Bridge Township government authority or to any Old Bridge Township
Commission.
B.
Notwithstanding the provisions of any other law to the contrary:
(1)
If a person engaged in the performance of a public contract for the
provision of goods or services to any Township agency, authority or
commission is, or employs or has a contract with, a relative of a
member of the Council, Township officer or employee, or special Township
officer or employee, the member, officer or employee shall not exercise
contract management authority over that public contract.
(2)
If a member of the Council, Township officer or employee, or special
Township officer or employee exercises contract management authority
over a public contract for the provision of goods or services to a
Township agency, authority, commission, the member, officer or employee
shall not use or permit the use of that authority to:
(a)
Assist a relative of the member, officer or employee in securing
employment or contracts with a person engaged in the performance of
that contract.
C.
The employment of or contracting with a relative of a council member, township officer or employee, or special officer or employee of the Township of Old Bridge, by such a person within six months prior to the commencement of, during the term of, or within six months after the completion or termination of, a public contract that the person is to perform, is performing, or shall have performed shall be evidence that any contract management authority exercised by the member, officer, or employee was exercised in violation of Subsection B of this section or that the relative's employment or contract with the person was obtained in violation of Subsection B(2) or B(2)(a) of this section, as appropriate.
The prohibited employment or professional or business service practices set forth in § 42-2 herein shall not apply in the following circumstances:
A.
Nothing contained herein shall restrict or prohibit the continued
employment of individuals to a position or positions within the Township
where a relative of an employee is elected to the governing body after
the date of the employee's start of employment with the Township
of Old Bridge.
B.
Nothing contained herein shall affect the employment of any present
Township employees and/or any existing contractual obligations with
employees by the Township.
C.
Nothing contained herein shall restrict or prohibit the hiring of
a seasonal part-time employee who is a relative of a department head,
elected officials or other employee of the Township.
D.
This section shall not apply to the relative of any member of any
local government agency, board, commission and committee where that
member is employed as a volunteer.
