[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:
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.
A.
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.
B.
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.
