[HISTORY: Adopted by the Township Committee
of the Township of Hazlet 3-7-1989 by Ord. No. 732-89 (Ch. XXI of the 1982
Revised General Ordinances); amended in its entirety 9-11-1993 by Ord. No.
923-93 (Ch. 27 of the 1993 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 82.
The provisions of N.J.S.A. 40A:9-22.5 shall
be enforced in the Township of Hazlet. Any alleged violation thereof
shall be governed in accordance with N.J.S.A. 40A:9-22.10 and 40A:9-22.11.
[Added 12-20-2022 by Ord. No. 1696-22]
This section shall be cited as the "Anti-Nepotism Policy" of
the Township of Hazlet.
This policy is not for the purpose of depriving any citizen
of an equal chance for employment with the Township of Hazlet but
is solely intended to eliminate the potential for preferential treatment
of relatives of certain government and/or municipal personnel.
A.
The prohibitions set forth in this section shall not apply to appointments
to the various Boards, Commissions, and/or Ad Hoc Committees of the
Town.
B.
This section 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 promotion of any person currently employed by the Township as of
the effective date of this section, 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 section.
As used in this section, the following terms shall have the
meaning indicated:
An individual holding the position of Mayor or Township Committeeperson.
Any employee of the Township having supervisory duties and
powers over another employee(s) within the respective department of
the Township.
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 (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 12 months).
The following restrictions shall apply in the hiring and promotion
of employees to employment positions for the Township of Hazlet:
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:
A.
No person who is a relative of an elected official or an executive
shall be appointed, hired, employed or permitted to work for the Township
of Hazlet in any unclassified position.
B.
No person shall be employed by or transferred to a position of employment
with the Township where such person will be supervisor of or be supervised
by their Relative who is an existing employee within the same department.
C.
Promotion. Notwithstanding the prospective application as to the
remainder of this section as described above, no elected official
or executive in any department may participate in the promotion process
or hiring process in that department of any existing employee who
is a relative of such elected official or executive, unless otherwise
required by law or New Jersey Department of Personnel Rules. Such
elected official or executive shall abstain from participation in
such personnel action as it applies to such relative.
