Township of Winslow, NJ Article V Anti-Nepotism Policy

[Adopted 6-24-08 as Ord. No. 0-22-08]

§ 52-33 Title.

This Article shall be cited as the "Anti-Nepotism Policy of the Township of Winslow."

§ 52-34 Purpose.

This policy is not for the purpose of depriving any citizen of an equal chance for employment with the Township of Winslow, but is solely intended to eliminate the potential for preferential treatment of the relatives of certain governmental personnel.

§ 52-35 Applicability.

A. The prohibitions set forth in this Article shall not apply to appointments to the various Boards, Commissions, and Ad Hoc Committees of the township.

B. Subject to the exception in Section 52-37B below, this Article and the prohibition against certain hiring contained herein shall be applied prospectively only from the effective date of its enactment[1] and shall not in any way be construed to prohibit or make unlawful for any current employment relationship or situation or promotion of any person currently employed by the Township of Winslow as of the effective date of this Article which may technically be violative of the terms hereof but for its prospective application. For purposes of interpreting this section, persons appointed to positions of employment with the township 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 township under a set term may be hired to any position in the township, rehired, reappointed or promoted, as the case may be, without violating this Article.

[1] Editor's Note: Ordinance No. 0-22-08, codified herein as Article V, was adopted June 24, 2008.

§ 52-36 Definitions.

As used in this Article, the following terms shall have the meanings indicated:

DEPARTMENT HEAD, MANAGERIAL EXECUTIVE AND UNCLASSIFIED SUPERVISORY EMPLOYEE

Any employee of the township having supervisory duties and powers over another employee or employees within the respective department of the township.

ELECTED OFFICIAL

An individual holding the position of Mayor or Township Committeeperson.

RELATIVE

A spouse, domestic partner, cohabitant, parent, child, adopted child, sibling, grandparent, grandchild, aunt, uncle, niece, nephew, first cousin, in-law, (applies to parents and siblings of a spouse), half-relative or step-relative (applies to parents and siblings), or a person with whom a significant committed relationship exists (living together for more than twelve (12) months).

§ 52-37 Restriction in hiring, promoting, and supervision of employees.

The following restrictions shall apply in the hiring and promotion of employees to employment positions for the Township of Winslow:

A. Hiring. Unless otherwise prohibited by law or New Jersey Department of Personnel Rules, but notwithstanding the terms of any collective bargaining agreement to the contrary:

(1) No person who is a relative, as defined in Section 52-36, of an elected official, Department Head, managerial executive or unclassified supervisory employee shall be appointed, hired, employed or permitted to work for the Township of Winslow in any unclassified position.

(2) No person who is a relative, as defined in Section 52-36, shall be employed by or transferred to a position of employment with the township, where that person will be supervisor of or be supervised by another relative who is an existing employee within the same department.

B. Promotion. Notwithstanding the prospective application as to the remainder of this Article as described above, no elected official or supervisor, as defined in Section 52-36, in a department may participate in the promotion or hiring process in that department of any existing employee who is a relative, as defined, Section 52-36, of such elected official or supervisor, as the case may be, unless otherwise required by law or New Jersey Department of Personnel Rules. Such elected official or supervisor shall abstain from participation in such personnel action as it applies to such relative.

C. If an existing employee of the township becomes subject to this policy because of changes in marital, domestic partner/cohabitant or relationship status, one (1) of the related persons must resign their unclassified position within ninety (90) days.

D. It shall be the affirmative duty of a related elected official, Department Head, managerial executive, unclassified supervisory employee, or employee to immediately disclose any circumstances which may constitute a violation of this policy. Failure to do so will result in disciplinary and/or legal action which can include removal from the employment position.

§ 52-38 Current employees.

Except as may be otherwise expressly provided for herein, this Article shall not affect the employment of any present township employee and/or any existing contractual obligations with employees by the Township of Winslow, nor shall this Article affect seasonal part-time employment. The application of this policy only applies prospectively to all individuals seeking employment with the Township of Winslow following the effective date of this Ordinance.