[Adopted 10-6-2016 by Ord. No. 1614-16]
This article shall be known as "The Anti-Nepotism Policy of
the Township of Saddle Brook."
A.
The prohibitions set forth in these anti-nepotism regulations shall
apply to all full-time, part-time, temporary and seasonal positions
of the Township of Saddle Brook.
B.
Subject to the exception in § 29-14 below, this article and the prohibition against certain hiring contained herein shall be applied prospectively only from the effective date of its enactment 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 Saddle Brook 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 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 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.
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 person, persons or business working for
the Township whose employment 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 would include, but not be limited
to: road projects; construction projects; projects). Employment with
contractors shall be considered for the purpose of this article as
employment with the Township.
Those individuals who hold such positions in accordance with
the Township Code of the Township of Saddle Brook, or as described
in the laws of the State of New Jersey.
Persons holding the position of either Mayor or Councilmember
of the Township of Saddle Brook.
A spouse, natural or adopted child, parent, or sibling.
Any employee of the Township of Saddle Brook having supervisory
duties and powers over another employee or employees within the respective
Township of Saddle Brook.
Any employment which is not full-time, regular part-time,
or seasonal employment.
The following restrictions shall apply to the hiring and promotion
of employees to employment positions for the Township of Saddle Brook:
A.
Elected officials. No elected official of the Township of Saddle
Brook shall be considered for employment or hired to a position of
employment with the Township of Saddle Brook either during his or
her term of office or within three 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 (as defined
herein) of any elected official of the Township of Saddle Brook shall
be considered for employment as an employee of the Township. This
shall not restrict nor prohibit the continued employment of individuals
to a position or positions with the Township where a relative of an
employee is elected as a Mayor or Councilmember after the date of
the employee's start of employment with the Township.
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 Saddle Brook shall be appointed to the position of any Township
professional who receives compensation, or any Township board or commission
which has more than an advisory role and/or one in which the members
receive compensation.
E.
Department or division heads. No person who is a relative (as defined
herein) of any department or division head of the Township of Saddle
Brook shall be considered for employment as an employee of the Township.
This shall not restrict nor prohibit the continued employment of individuals
to a position or positions with the Township where a relative of a
department or division head is hired before the date of this executive
order.
This policy is not for the purpose of depriving any citizen
of an equal change for employment with the Township, 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
or division head.
Except as may be otherwise expressly provided for herein, this
article shall not affect the employment of any present Township employees
and/or any existing contractual obligations with employees by the
Township of Saddle Brook.
