Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 1014 and 1055.
[Ord. #1126, S1]
The personnel policies and procedures that apply to employees and officers of the Borough shall be those policies and procedures that are set forth in the employee manual that is to be adopted and modified from time to time as needed by the resolutions of this Council.
[Ord. #1408; Ord. #1451]
This section shall be known as the "Anti-Nepotism Policy of the Borough of Bogota" Ordinance No. 1408.
[Ord. #1408; Ord. #1451]
The prohibitions set forth in these Anti-Nepotism regulations shall apply to all full-time, part-time, temporary and seasonal positions of the Borough of Bogota.
This section shall not apply to those individuals who also provide volunteer emergency services to the Borough of Bogota as a Firefighter, EMS (Ambulance Corps), Rescue Squad, OEM (Office of Emergency Management) and Auxiliary Police, or serves as a volunteer for the Bogota Recreation Department, or to appointments to the various boards, commissions and committees of the Borough except that the board members cannot work for any contractor defined in subsection 26-2.3 who work on a project under the control of the board, commission or committee to which the member has been appointed.
Subject to the exception in subsection 26-2.4d below, this section 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 Bogota as of the date of this section which may technically be in violation 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 then 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 section. (Section 26-2 was adopted March 12, 2012 by Ordinance No. 1408).
As used in this section:
- Shall mean contractors, independent contractors, subcontractors, vendors, professionals appointed pursuant to the Fair and Open Process or the Non-Fair and Open Process or person, persons or business working for the Borough whose employment is limited in scope or duration to a specific project with the Borough and subject to either a bid proposal or a solicitation of quotes. (Examples would include but not be limited to: road projects; construction projects; projects). Employment with contractors shall be considered for the purpose of this section as employment with the Borough.
- ELECTED OFFICIAL
- Shall mean persons holding the position of either Mayor or Councilmember of the Borough of Bogota.
- Shall mean and include all members of the immediate family, including spouses, parent/child, grandparent/grandchild, step-parents, siblings, direct-line aunts, uncles, and first cousins and spouses thereof by reason of relation to any of the above. Aunts, uncles, nephews or nieces by marriage are not regarded as members of the immediate family for the purpose of this policy.
- Shall mean any employee of the Borough of Bogota having supervisory duties and powers over another employee or employees within the respective Department of the Borough.
- TEMPORARY EMPLOYMENT
- Shall mean any employment which is not full-time, regular part-time, or seasonal employment.
The following restrictions shall apply to the hiring and promotion of employees to employment positions for the Borough of Bogota:
No relative (as defined herein) shall be considered for employment or hired to a position of employment with the Borough of Bogota where that person will be employed with another relative who is an existing employee within the same department or office, except as provided herein below.
Elected Officials. No elected official of the Borough of Bogota shall be considered for employment or hired to a position of employment with the Borough of Bogota either during his or her term of office or within three (3) years after the expiration of the term.
Relatives of Elected Officials. No person who is a relative (as defined herein) of any elected official of the Borough of Bogota 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 Mayor or Councilmember after the date of the employee's start of employment with the Borough.
Promotion of Existing Employees. Notwithstanding the prospective application as to the remainder of this section as applied above, no elected official 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 the elected official or supervisor, as the case may be. The elected official or supervisor 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 eliminate the potential for preferential treatment of the relatives of governmental personnel.
Except as may be otherwise expressly provided for herein, this section shall not affect the employment of any present Borough employees and/or any existing contractual obligations with employees by the Borough of Bogota.