[HISTORY: Adopted by the Borough Council of the Borough of Seaside Heights 4-5-2017 by Ord. No. 17-07. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- IMMEDIATE FAMILY
- Spouse, child, stepchild, parent, stepparent, brother, stepbrother, sister, stepsister, grandparent, father-in-law, mother-in-law, sister-in-law, brother-in-law, half-brother, half-sister, nephew or niece.
As of the effective date of this chapter, the Borough shall not hire, to any permanent, nonseasonal employment position, any immediate family members of the Mayor or Borough Council members.
The Borough shall not hire immediate family members of department heads or the head of any office for positions which would require the department head to directly supervise an immediate family member.
If, subsequent to the hiring of an employee by the Borough, the employee becomes an immediate family member such that the policies delineated above would be violated, the Business Administrator, to the extent practicable, shall transfer one of the employees in question to a comparable position in another department or office so as to eliminate the violation. The decision as to which employee shall be transferred to another department or office shall be in the Business Administrator's discretion in light of Civil Service laws and any applicable collective bargaining or employment agreements. If the act which created the immediate family member relationship affects more than two employees, the authority of the Business Administrator to transfer employees as delineated above may be extended to any additional employees so that the policies of this chapter are not violated.
If, in the opinion of the Mayor, Business Administrator or any member of Council, extenuating circumstances necessitate the waiver of the policy set forth in § 130-2 or 130-3, a written recommendation delineating the extenuating circumstances shall be submitted to the Mayor and Borough Council, provided that such waiver would not create a violation of the Local Public Ethics Law and that any direct supervisory authority of a family member over another family member can be legally and effectively delegated. If the Borough Council concurs that there are extenuating circumstances, this policy may be waived by resolution adopted by an affirmative vote of at least 2/3 of the majority of the full Borough Council as to the particular hiring at issue only.
This chapter is not intended to apply to immediate family member relationships between or among employees which were created or existed prior to the effective date of this chapter.