As used in this article, the following terms shall have the
meanings indicated:
MEMBER OF AN APPOINTING AUTHORITY
Refers to a person who is a member of any board or authority
of this Borough which has the authority to appoint or hire officials
or employees.
PARTICIPATE
To communicate in any manner whatsoever with regard to the
appointment or hiring of a relative, as defined herein, with;
A.
Any fellow member of the governing body or of the appointing
authority; and
B.
With any official or employee actively engaged in the process
of appointing or hiring.
RELATIVE
Refers to spouse, child, parent, sibling, grandparent, grandchild,
father-in-law, mother-in-law, brother-in-law, sister-in-law, stepfather,
stepmother, stepsibling, half brother, half sister, nephew, niece,
first cousin, aunt, uncle, foster child, domestic partner or cohabitant.
Such relationship shall be deemed to exist whether created by blood,
marriage, other legal bond, adoption, or mutual acknowledgment.
No member of the governing body of the Borough of Hasbrouck
Heights and no member of an appointing authority of the Borough of
Hasbrouck shall in any way participate in the appointment of any official
of this Borough who is his or her relative, as defined herein, or
shall in any way participate in the hiring or promotion of any employee
of this Borough who is his or her relative, as defined herein. Further,
any such member shall excuse himself or herself from physical presence
at any meeting of the governing body of which he or she may be a member
or of the appointing authority of which he or she may be a member
if and when such appointment is in any way discussed or considered,
whether such meeting is of the body or any part or committee thereof
and whether such meeting is official or unofficial and whether such
meeting is formally called or is the result of informal circumstances.
No officials, department heads or any other employees of the
Borough of Hasbrouck Heights shall in any way participate in the appointment
of any official of this Borough who is his or her relative, as defined
herein, or shall in any way participate in the hiring or promotion
of any employee of this Borough who is his or her relative, as defined
herein. Further, any such official, department head or employee shall
excuse himself or herself from physical presence at any meeting of
the governing body or of the appointing authority if and when such
appointment is in any way discussed or considered, whether such meeting
is of the body or any part or committee thereof and whether such meeting
is official or unofficial and whether such meeting is formally called
or is the result of informal circumstances. In the event that the
governing body or the appointing authority, as the case may be, determines
that the services of such official, department head or employee are
necessary to the appointment, hiring or promotion process, then the
governing body or the appointing authority shall appoint another qualified
person to perform those services in the place and stead of such disqualified
official, department head or employee.
In the event that the governing body of this Borough or any
appointing authority of this Borough has under consideration the appointment,
employment or promotion of any relative of a member, such consideration
shall not proceed unless or until the governing body or that appointing
authority has before it for equal consideration at least four other
qualified candidates for that position who are not relatives of a
member. In the event that the governing body or such appointing authority
does not have before it for consideration that number of candidates,
then the governing body or that appointing authority shall direct
the Borough Clerk or its secretary to advertise twice in the Observer,
the Record, the Borough's official website and a website appropriate
to that particular position seeking candidates for such position,
which advertisement shall fully set forth the nature of the position
and the qualifications for appointment, employment or promotion. The
second such publication shall be at least one week following the first
publication, and the governing body or appointing authority shall
not proceed with the consideration of that appointment, employment
or promotion to that position sooner than one week following the second
publication and shall then equally consider all of the qualified candidates
responding to such advertisement, if there be any, together with the
subject relative. Then, after giving equal consideration to all qualified
candidates, if the governing body or appointing authority nevertheless
determines that the subject relative is to be appointed, hired or
promoted, it shall do so only by a written resolution duly adopted
at a public session by 2/3 of the full authorized membership of the
governing body or that appointing authority, which said written resolution
shall set forth with particularity its reasons for having chosen the
subject relative rather than the other candidates but nevertheless
without disclosing the identity of those other candidates.
Excepted from the foregoing shall be appointments, hiring or
promotions of the following:
A. Volunteers to any board, commission, committee or authority.
C. Temporary employees whose employment is not anticipated to exceed
three months.
D. Employment at will without tenure which can be terminated for any
reason.
No official or employee of the Borough of Hasbrouck Heights
shall be appointed, hired, promoted or assigned to a position if the
direct supervisor of such position is a relative of that employee,
except when such appointment, employment, promotion or assignment
is otherwise governed by law.