[Adopted 8-7-2017 by Ord.
No. 17-07]
As used in this article, the following terms shall have the
meanings indicated:
Contractors, independent contractors, subcontractors, vendors,
professionals appointed pursuant to the fair and open process or the
non-fair and open process or any person or business working for the
Township whose employment with the Township is limited in scope or
duration to a specific project with the Township and subject to either
a bid proposal or a solicitation of quotes. (Examples include, but
are not limited to, road projects and construction projects). Employment
with contractors shall be considered for the purpose of this section
as employment with the Township.
Any department within the government structure of the Township
of Washington, whether existing pursuant to the Township Code or pursuant
to the laws of the State of New Jersey.
Any person holding the position of Mayor or Council member
of the Township of Washington.
Spouse or significant other, child, parent, stepchild, sibling,
grandparent, daughter-in-law, son-in-law, grandchild, niece, nephew,
uncle, aunt or any other person related by blood or marriage.
Any employee of the Township of Washington having supervisory
duties and powers over another employee within the Township of Washington.
Any employment (or employee thereunder) which is not full-time
or regular part-time, and shall include, without limitation, seasonal
employees including, but not limited to, seasonal employees affiliated
with Township recreation and leaf pick-up programs.
This article shall apply to appointments to all boards, commissions
and committees of the Township of Washington.
A.
The prohibitions set forth in these anti-nepotism regulations shall
apply to all contractors, and full-time and regular part-time positions
of the Township of Washington, but shall not apply to any temporary
employment.
B.
Subject to the exception in § 65-19 below, this section and the prohibition against certain hiring contained herein shall be applied prospectively only from the effective date of this article, and shall not in any way be construed to prohibit or make unlawful any current employment relationship or situation or the hiring or promotion of any person currently employed by the Township of Washington as of the effective date of this article which may technically be in violation of the terms hereof but for its prospective application. For purposes of interpreting this exception, persons appointed to positions of employment with the Township of Washington for a set term shall be considered current employees notwithstanding the fact that the-then term may have ended. Such persons holding positions of employment with the Township of Washington under a set term may be hired to any position in the Township, rehired, reappointed or promoted, as may be the case, without violating this article.
The following restrictions shall apply to the hiring and promotion
of employees to employment positions for the Township of Washington:
A.
Elected officials. No elected official of the Township of Washington
shall be considered for employment or hired to a position of employment
with the Township of Washington either during his or her term of office
or within four years after the expiration of the term. No elected
official shall serve as Council liaison to any department that employs
any relative of that elected official.
B.
Relative of elected officials. No person who is a relative of any
elected official of the Township of Washington shall be considered
for employment as an employee of the Township of Washington. This
shall not restrict nor prohibit the continued employment of individuals
to a position with the Township of Washington where a relative of
an employee is elected as a Mayor or Council member after the date
of the employee's start of employment with the Township of Washington.
C.
Promotion of existing employees. Notwithstanding the prospective
applications as to the remainder of this article as applied above,
no elected official may participate in the promotion process or hiring
process in the department of any existing employee who is a relative
of the elected official as the case may be. The elected official shall
abstain from participation in such personnel action as it applies
to such relative.
D.
Appointments. No relative of an elected official of the Township
of Washington shall be appointed to the position of any Township of
Washington professional who receives compensation, or any Township
of Washington Board or Commission which has more than an advisory
role and/or one in which the members receive compensation.
E.
Department heads. No person who is a relative of any department head
of the Township of Washington shall be considered for employment as
an employee of the Township of Washington. This shall not restrict
nor prohibit the continued employment of individuals to a position
with the Township of Washington where a relative of a department head
is hired before the effective date of this article.
This policy is not for the purpose of depriving any citizen
of an equal chance for employment with the Township of Washington,
but is solely intended to eliminate the potential for preferential
treatment of the relatives of the members of the governing body and/or
any department head.
Except as may be otherwise expressly provided for herein, this
article shall not affect the employment of any present Township of
Washington employee, nor shall it be construed or enforced in such
manner as to violate, abridge or impair any rights of individuals
employed or affiliated with the Township under any collective bargaining
agreement, employment contract, or any state or federal law protecting
the employment rights of any such individuals.
