[Adopted 7-22-2019 by Ord. No.
19-17]
As used in this chapter, the following terms shall have the
meanings indicated:
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 Township whose employment is limited in scope or duration to a
specific project with the Township 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 Township.
Any department within the government structure of the Township
of Vernon, whether existing pursuant to the Township Code or pursuant
to the laws of the State of New Jersey.
Any person holding the position of Mayor or Council member
of the Township of Vernon.
Spouse or significant other, child, parent, stepchild, sibling,
grandparent, daughter-in-law, son-in-law, grandchild, niece, nephew,
uncle, aunt or any other person related by blood or marriage.
Any employee of the Township of Vernon having supervisory
duties and powers over another employee within the Township of Vernon.
Any employment (or employee thereunder) which is not full-time
or regular part-time, and shall include, without limitation, seasonal
employees including, but not limited to, seasonal employees affiliated
with Township recreation and leaf pick-up programs.
A.
The prohibitions set forth in these anti-nepotism regulations shall
apply to all contractors, and full-time and regular part-time positions
of the Township of Vernon, but shall not apply to any temporary employment.
B.
Subject to the exception in § 89-15 below, this section and the prohibition against certain hiring contained herein shall be applied prospectively only from the effective date of this chapter, 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 Township of Vernon as of the effective date of this chapter 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 Township of Vernon 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 Township of Vernon under a set term may be hired to any position in the Township, rehired, reappointed or promoted, as may be the case, without violating this chapter.
The following restrictions shall apply to the hiring and promotion
of employees to employment positions for the Township of Vernon:
A.
Elected officials. No elected official of the Township of Vernon
shall be considered for employment or hired to a position of employment
with the Township of Vernon either during his or her term of office
or within four years after the expiration of the term. No elected
official shall serve as Council liaison to any department that employs
any relative of that elected official.
B.
Relative of elected officials. No person who is a relative of any
elected official of the Township of Vernon shall be considered for
employment as an employee of the Township of Vernon. This shall not
restrict nor prohibit the continued employment of individuals to a
position with the Township of Vernon where a relative of an employee
is elected as a Mayor or Council member after the date of the employee's
start of employment with the Township of Vernon.
C.
Promotion of existing employees. Notwithstanding the prospective
applications as to the remainder of this chapter as applied above,
no elected official may participate in the promotion process or hiring
process in the Department of any existing employee who is a relative
of the elected official as the case may be. The elected official shall
abstain from participation in such personnel action as it applies
to such relative.
D.
Appointments. No relative of an elected official of the Township
of Vernon shall be appointed to the position of any Township of Vernon
professional who receives compensation, or any Township of Vernon
board or commission which has more than an advisory role and/or one
in which the members receive compensation.
E.
Department heads. No person who is a relative of any department head
of the Township of Vernon shall be considered for employment as an
employee of the Township of Vernon. This shall not restrict nor prohibit
the continued employment of individuals to a position with the Township
of Vernon where a relative of a department head is hired before the
effective date of this chapter.
This policy is not for the purpose of depriving any citizen
of an equal chance for employment with the Township of Vernon, but
is solely intended to eliminate the potential for preferential treatment
of the relatives of the members of the governing body and/or any department
head.
Except as may be otherwise expressly provided for herein, this
chapter shall not affect the employment of any present Township of
Vernon employee, nor shall it be construed or enforced in such manner
as to violate, abridge or impair any rights of individuals employed
or affiliated with the Township under any collective bargaining agreement,
employment contract, or any state or federal law protecting the employment
rights of any such individuals. If, however, an employee of the Township
of Vernon becomes an elected official of the Township of Vernon following
the adoption of this article, the employee must either resign their
employment with the Township of Vernon or resign from the office to
which they were elected.
