[Adopted 2-16-2016 by Ord. No. 2372-2016]
This article shall be cited the "Antinepotism Policy of the
Borough of Fair Lawn."
A.
The prohibitions set forth in this article shall apply solely to
employee positions for the Borough of Fair Lawn.
B.
This article shall not apply to appointments to the various boards,
commissions and committees of the Borough.
C.
Subject to the exception in § 30-28D 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 Fair Lawn as of the effective date of this article which may technically be volatile 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 term may have ended. Such persons holding positions of employment with 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.
As used in this article, the following terms shall have the
meanings indicated:
The chief executive and administrative official of the Borough.
Any employee of the Borough having supervisory duties and
powers over another employee or employees within the respective department
of the Borough.
Persons holding the position of Borough Council member.
Includes spouse or significant other, child, parent, stepchild,
sibling, grandparent, daughter-in-law, son-in-law, grandchild, niece,
nephew, uncle, aunt or any other person related by blood or marriage
residing in an employee's household.
The following restrictions shall apply in the hiring and promotion
of employees to employment positions for the Borough of Fair Lawn:
A.
Nepotism procedure. Unless otherwise provided by law (or New Jersey
Civil Service Commission rule if the position is subject to civil
service) or collective bargaining unit agreements, immediate relatives
shall not be hired, promoted or transferred to a regular full-time
or regular part-time position where:
(1)
One relative would have the authority to appoint, remove, discipline
or evaluate the performance of the other;
(2)
One relative would be responsible for auditing the work of the other;
or
(3)
Other circumstances exist that place the relatives in a situation
of actual or reasonably foreseeable conflict of interest.
B.
Department head supervision. No relative (as defined herein) shall
be considered for employment by the Borough of Fair Lawn or hired
to a position of employment with the Borough where that person will
be the department head by another relative who is an existing employee
within the same department.
C.
Applications. Applications for employment submitted by relatives
of Borough employees holding current department head supervisory positions
(hereinafter "department head") will not be accepted for positions
in the same department of the Borough in which the department head
works.
D.
Relatives of elected officials. No person who is a relative of any
elected official of the Borough of Fair Lawn (i.e., Borough Council
member) 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 Council member after the date of
the employee's start of employment with the Borough. This excludes
part-time and seasonal employees of the Borough.
E.
Relatives of the Borough Manager. No person who is a relative of
the Borough Manager 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 appointed as Borough Manager after
the date of the employee's start of employment with the Borough. This
excludes part-time and seasonal employees of the Borough.
F.
Promotion of existing employees. Notwithstanding the prospective
application as to the remainder of this article as described above,
no elected official (Borough Council member) or supervisor in a 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 department head, as the case may be. Such elected official
or department head shall abstain from participation in such personnel
action as it applies to such relative.
This policy is not for the purpose of depriving any citizen
of an equal chance for employment with the Borough but is solely intended
to prevent the potential for preferential treatment of the relatives
of governmental personnel.
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 Fair Lawn.
