Borough of Hasbrouck Heights, NJ Antinepotism

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.

§ 45-44 Members of the governing body or an appointing authority.

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.

§ 45-45 Officials, department heads or employees.

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.

§ 45-46 Process for certain appointments, employment and promotions.

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.

§ 45-47 Exceptions in respect to certain appointments, hiring or promotions.

Excepted from the foregoing shall be appointments, hiring or promotions of the following:

Volunteers to any board, commission, committee or authority.

Seasonal employees.

Temporary employees whose employment is not anticipated to exceed three months.

Employment at will without tenure which can be terminated for any reason.

§ 45-48 Supervision of officials and employees; limitations.

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.[1]

[1]

Editor's Note: Former Article IX, Municipal Housing Liaison, added 3-10-2009 by Ord. No. 2204, which immediately followed this article, was repealed 5-14-2019 by Ord. No. 2437.