A.
Except as otherwise provided by law, all officers and employees employed
by the Township, or to be employed by Township, shall be bona fide
residents of the Township prior to the announced closing date for
applicants for a position and continue such residency through the
date of permanent appointment. For purposes of this section, a "bona
fide resident" is a person having a permanent domicile within Township
of Long Beach and one which has not been secured with the intention
of complying with this requirement and thereafter, taking up or claiming
a previous residence acquired outside the boundaries of Township.
This shall not apply to officers or employees of Township employed
prior to July 6, 2004. Employment by Township must also comply, to
the extent required, with the New Jersey First Act, N.J.S.A. 52:14-7.
B.
Applicants for the position of officer or employee within the Township
are limited to residents of the Township; provided, however, that
if there is an insufficient number of qualified residents for the
available positions with the Township, the eligibility list shall
be opened to qualified nonresidents in accordance with this section.
Whenever the Commissioner of Revenue and Finance, Commissioner of
Public Affairs and Public Safety or the Commissioner of Public Works
of the Township, respectively, determine that there cannot be recruited
a sufficient number of qualified residents for available, specific
positions with the Township in their respective Departments, the Municipal
Clerk shall advertise for other qualified applicants. The commissioners,
each with respect to their own department, shall thereupon classify
all qualified applicants for such positions or employment in the following
priority:
[Amended 3-7-2022 by Ord. No. 22-07C]
The Township maintains various policies and procedures related
to its hiring practices including but not limited to its post-offer,
pre-employment examinations, tests and background checks, and protection
and safe treatment of minors policies which are available from the
office of the Township Clerk upon request. The Township shall comply
with all applicable federal and state laws in connection with its
hiring practices.
A.
Purpose. The purpose of this policy is solely to prevent the potential
for preferential treatment of the relatives of government personnel,
and it is not the purpose of this policy to deprive any citizen of
an equal chance for employment within the Township.
B.
Applicability. The prohibitions set forth in this policy apply solely
to employment with the Township and do not apply to appointments to
the various boards, commissions, committees and authorities of the
Township. Nor shall this policy prohibit employment with the Township
that was established prior to July 6, 2004. Individuals appointed
for a set term on or before that date may continue to be hired, re-hired,
reappointed, or promoted to any position in the Township without violating
this policy provided that elected officials or relatives recuse themselves
from any such decisions. This policy shall not apply to seasonal part-time
employment, provided that the employment shall not result in a supervisor-subordinate
relationship with a relative as that term is defined within this policy.
[Amended 3-7-2022 by Ord. No. 22-07C]
C.
ELECTED OFFICIAL
RELATIVE
SUPERVISOR/SUPERVISION
Definitions.
Persons holding the position of Township Commissioner.
The spouse, a person related to, or family member of an individual
or the individual's spouse, domestic or civil union partner, by blood
or adoption as a parent, child, brother, sister, legal ward, foster
child, legal guardian, aunt, uncle, niece, nephew, grandparent, grandchild,
father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent,
stepchild, stepbrother, stepsister, half-brother or half-sister, and
other relatives living in the household.
[Amended 3-7-2022 by Ord. No. 22-07C]
Any employee of the Township having direct or indirect supervisory
duties and powers over another employee or employees, including the
ability to exercise authority, oversight, supervision or control,
direct or assign work, or make recommendations affecting the terms,
conditions, or privileges of employment within a respective Department
of the Township.
D.
Restrictions in hiring and promoting employees. The following restrictions
shall apply in the hiring and promotions of employees.
(1)
Supervision. No elected official or supervisor of the Township shall
employ, nominate, propose or recommend any relative of the elected
official or supervisor for employment by the Township for a position
held by that elected official or supervisor -or over which that elected
official or supervisor has supervision except as may be provided below.
[Amended 3-7-2022 by Ord. No. 22-07C]
(2)
No elected official or supervisor of the Township shall employ, nominate,
propose, or recommend any person for employment if the employment,
nomination, proposal, or recommendation for employment of that person
is in exchange for or in consideration of:
(a)
The employment, nomination, proposal, or recommendation for
employment of any relative of the elected official or supervisor;
or
(b)
The provision of assistance to a relative of the elected official
or supervisor in securing employment or contracts with a person engaged
in the performance of the contract for the provision of goods or services
to the Township.
E.
Applications. Applications for employment submitted by relatives
of Township employees holding current supervisory positions will not
be accepted for positions in the same department of the Township in
which the supervisor works, or where, through promotion, such a situation
or relationship could exist.
F.
Promotion of existing employees. No elected official or supervisor
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 supervisor, as the case may be. Any elected
official or supervisor shall abstain from participation in any such
personnel action as it applies to such relative.
G.
Bargaining and negotiations. No elected official or supervisor of
the Township who has a relative employed within a bargaining unit
shall discuss, vote upon, or participate in any way, in negotiations,
consideration or formulation of proposals or positions, or proposed
terms and conditions of employment involving a collective bargaining
agreement with the Township; provided, however, that a person may
serve as a technical resource for the Township so long as no information
pertaining to the foregoing topics is disclosed to that person.
[Amended 3-7-2022 by Ord. No. 22-07C]
H.
Conflicts of interest. No elected official or supervisor of the Township
shall employ, nominate, propose, or recommend for employment, promotion,
or transfer any relative of the elected official or supervisor for
a position of employment with the Township which involves circumstances
that place the relatives in a situation of an actual or a reasonably
foreseeable conflict of interest.
I.
Relationships. If a marriage or familiar relationship created by
marriage creates a prohibited reporting relationship, the Township
will explore potential accommodations, including reassignment of one
or both employees to available positions for which the employees are
qualified.
J.
Notwithstanding the restrictions in hiring and promoting employees
indicated above, the Township may hire or promote a relative of an
elected official or supervisor if all of the following criteria are
met:
[Amended 3-7-2022 by Ord. No. 22-07C]
(1)
The
relative has applied for a position that the Civil Service Commission
deems as "open competitive" or "promotional;"
(2)
The
relative has passed the open competitive or promotional examination
and/or his/her name appears on a Civil Service hiring or promotional
list;
(3)
The
decision to hire or promote the relative is made by a person other
than the elected official or supervisor and is made from an authorized
Civil Service list;
(4)
Continued
compliance with all other aspects of this policy including recusal
of the official or supervisor in connection with any future recommendations,
nominations, proposals, or employment actions, decisions or disciplinary
actions related to the relative of the elected official or supervisor.
For the purposes of Subsection J, the individual making the hiring or promotional decision in place of the elected official or supervisor shall not be subject to retaliation or adverse employment action for recommending, nominating or proposing hiring or promoting someone other than the elected official or supervisor's relative or for any employment action, decision or disciplinary action involving that relative so long as it is in accordance with Civil Service requirements.
