[Adopted 6-24-08 as Ord.
No. 0-22-08]
This Article shall be cited as the
"Anti-Nepotism Policy of the Township of Winslow."
This policy is not for the purpose
of depriving any citizen of an equal chance for employment with the
Township of Winslow, but is solely intended to eliminate the potential
for preferential treatment of the relatives of certain governmental
personnel.
A.
The prohibitions set forth in this Article
shall not apply to appointments to the various Boards, Commissions,
and Ad Hoc Committees of the township.
B.
Subject to the exception in Section 52-37B below, this Article and the prohibition against certain hiring contained herein shall be applied prospectively only from the effective date of its enactment[1] and shall not in any way be construed to prohibit or make
unlawful for any current employment relationship or situation or promotion
of any person currently employed by the Township of Winslow as of
the effective date of this Article which may technically be violative
of the terms hereof but for its prospective application. For purposes
of interpreting this section, persons appointed to positions of employment
with the township for a set term shall be considered current employees,
notwithstanding the fact that the term may have ended. Such persons
holding positions of employment with the township under a set term
may be hired to any position in the township, rehired, reappointed
or promoted, as the case may be, without violating this Article.
As used in this Article, the following
terms shall have the meanings indicated:
Any employee of the township having supervisory duties and
powers over another employee or employees within the respective department
of the township.
An individual holding the position of Mayor or Township Committeeperson.
A spouse, domestic partner, cohabitant, parent, child, adopted
child, sibling, grandparent, grandchild, aunt, uncle, niece, nephew,
first cousin, in-law, (applies to parents and siblings of a spouse),
half-relative or step-relative (applies to parents and siblings),
or a person with whom a significant committed relationship exists
(living together for more than twelve (12) months).
The following restrictions shall
apply in the hiring and promotion of employees to employment positions
for the Township of Winslow:
A.
Hiring. Unless otherwise prohibited by
law or New Jersey Department of Personnel Rules, but notwithstanding
the terms of any collective bargaining agreement to the contrary:
B.
Promotion. Notwithstanding the prospective application as to the remainder of this Article as described above, no elected official or supervisor, as defined in Section 52-36, in a department may participate in the promotion or hiring process in that department of any existing employee who is a relative, as defined, Section 52-36, of such elected official or supervisor, as the case may be, unless otherwise required by law or New Jersey Department of Personnel Rules. Such elected official or supervisor shall abstain from participation in such personnel action as it applies to such relative.
C.
If an existing employee of the township
becomes subject to this policy because of changes in marital, domestic
partner/cohabitant or relationship status, one (1) of the related
persons must resign their unclassified position within ninety (90)
days.
D.
It shall be the affirmative duty of a related
elected official, Department Head, managerial executive, unclassified
supervisory employee, or employee to immediately disclose any circumstances
which may constitute a violation of this policy. Failure to do so
will result in disciplinary and/or legal action which can include
removal from the employment position.
Except as may be otherwise expressly
provided for herein, this Article shall not affect the employment
of any present township employee and/or any existing contractual obligations
with employees by the Township of Winslow, nor shall this Article
affect seasonal part-time employment. The application of this policy
only applies prospectively to all individuals seeking employment with
the Township of Winslow following the effective date of this Ordinance.