[Adopted 9-28-2005 by Ord. No. 7-27-2005A]
This article shall be called the "Antinepotism
Policy."
A.
The prohibitions set forth in this article shall apply
solely to employee positions for the Borough of Haledon.
B.
This article shall not apply to nonpaid appointments
to the various boards, commissions, committees and authorities of
the Borough, nor to service in any volunteer organization.
C.
Subject to the exception in Subsection D 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 Borough of Haledon as of the effective date of this chapter which may technically be violative of the terms hereof but for its prospective application. For purposes of interpreting this exception, persons appointed to positions of employment with the Borough 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 within the Borough under a set term may be hired to any position in the Borough, rehired, reappointed or promoted, as may be the case, without violating this article.
D.
The prohibitions and restrictions contained in this
article shall not apply in the case of seasonal part-time employment,
including but not limited to referees, umpires and other per diem
employees of recreation and sports programs.
E.
The prohibitions set forth in this article are enforceable
only to the extent that they are not in violation of applicable laws.
As used in this article, the following terms
shall have the meanings indicated:
Persons holding the position of Council Member or Mayor of
the Borough of Haledon.
Those persons as set forth in the Borough Salary Ordinance.
Includes mother, father, son, daughter, brother, sister,
husband, wife, mother-in-law, father-in-law, son-in-law or daughter-in-law.
The following restrictions shall apply in the
hiring and promotion of employees to employment positions for the
Borough of Haledon:
A.
No person who is a relative of any elected official
of the Borough of Haledon shall be considered for employment as an
employee of the Borough. This shall not restrict nor prohibit the
continued employment of individuals to a position or positions with
the Borough where a relative of an employee is elected as a Borough
Councilperson or Mayor after the date of the employee's start of employment
with the Borough.
B.
Promotion of existing employees. Notwithstanding the
prospective application as to the remainder of this section as applied
above, no elected official may participate in the promotion or hiring
process in that department of any existing employee who is a relative
of such elected official. Such elected official shall abstain from
participation in such personnel action as it applies to such relative.
C.
No person who is a relative of any employee, as defined
above, shall be considered for employment by the Borough of Haledon
where one of said relatives will be in a supervisory position over
the other.
D.
No employee who is a relative of another employer
shall be eligible for a promotion to a position which would create
a supervisory conflict.
This policy is not for the purposes of depriving
any citizen of an equal chance for employment with the Borough but
is solely intended to eliminate the potential for preferential treatment
of the relatives of elected officials.
Except as may be otherwise expressly provided
for herein, this article shall not affect the employment of any present
Borough employees and/or any existing contractual obligations with
employees by the Borough of Haledon.
