[Ord. No. 12-84 § 1]
The following classifications are hereby established for appointment
of all employees of the Borough:
Class I. Residents of the Borough of Ogdensburg.
Class II. Residents of other municipalities in the County of
Sussex.
Class III. Other residents of counties contiguous to Sussex
County.
Class IV. Residents of any other county than Sussex in the State
of New Jersey.
Class V. All other qualified persons.
[Ord. No. 12-84 § 1]
Within each of the aforestated classifications duly qualified
applicants who are veterans shall be accorded all veterans' privileges
as are provided by law. Persons discharged from the service within
six months prior to making application for employment in the Borough
who fulfill the requirements of N.J.S.A. 40A:14-123.1 and who, thereby,
are entitled to appointment notwithstanding their failure to meet
the New Jersey residency requirement at the time of their initial
application, shall be placed in Class III or IV.
[Ord. No. 12-84 § 1]
The classes of qualified applicants defined in the subsections
of this section shall be considered as separate and successive lists
of eligibles and the Civil Service Commission of the State of New
Jersey shall be informed thereof so that certifications from the Civil
Service Commission when requested shall be made from the classes separately
and successively.
[Ord. No. 12-84 § 1]
In making temporary appointments the Mayor and Council may utilize
the classifications set forth in this section, and shall classify
accordingly all duly qualified applicants for the position to be temporarily
filled.
[Ord. No. 12-84 § 1]
The Mayor and Council shall first appoint employees of the Borough
qualifying in Class I provided in the preceding section, and then
those in each succeeding class in the order listed in the foregoing
section, and shall appoint a person or persons in any such class only
to a vacancy or vacancies remaining after all qualified applicants
in the preceding class or classes have been appointed or have declined
an offer of appointment.
[Added 2-12-2024 by Ord. No. 02-2024]
[Added 2-12-2024 by Ord.
No. 02-2024]
This policy is not for the purpose of depriving any citizen
of an equal chance for employment with the Borough of Ogdensburg 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.
[Added 2-12-2024 by Ord.
No. 02-2024]
As used in this section, the following terms shall have the
meanings indicated:
CONTRACTORS
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, and other municipal projects.)
Employment with contractors shall be considered for the purpose of
this section as employment with the Borough.
DEPARTMENT
Any department within the government structure of the Borough
of Ogdensburg, whether existing pursuant to the Borough Code or pursuant
to the laws of the State of New Jersey.
ELECTED OFFICIAL
Any person holding the position of Mayor or Council member
of the Borough of Ogdensburg.
RELATIVE
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.
SUPERVISOR
Any employee of the Borough of Ogdensburg having supervisory
duties and powers over another employee within the Borough.
TEMPORARY EMPLOYMENT
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 Borough recreation programs.
[Added 2-12-2024 by Ord.
No. 02-2024]
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 Borough of Ogdensburg but shall not apply to any temporary
employment.
b. Subject to the exception in §
10-2.4 below, this section and the prohibition against certain hiring contained herein shall be applied prospectively only from the effective date of this section, 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 Ogdensburg as of the effective 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 of Ogdensburg 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 of Ogdensburg 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.
[Added 2-12-2024 by Ord.
No. 02-2024]
The following restrictions shall apply to the hiring and promotion
of employees to employment positions for the Borough of Ogdensburg:
a. Elected officials. No elected official of the Borough of Ogdensburg
shall be considered for employment or hired to a position of employment
with the Borough of Ogdensburg 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 Borough of Ogdensburg shall be considered
for employment as an employee of the Borough of Ogdensburg. This shall
not restrict nor prohibit the continued employment of individuals
to a position with the Borough of Ogdensburg 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 Borough of Ogdensburg.
c. Promotion of existing employees. Notwithstanding the prospective
applications as to the remainder of this section 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. The elected official shall recuse himself
or herself from participation in such personnel action as it applies
to such relative.
d. Appointments. No relative of an elected official of the Borough of
Ogdensburg shall be appointed to the position of any Borough of Ogdensburg
professional who receives compensation, or any Borough of Ogdensburg
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 Borough of Ogdensburg shall be considered for employment as
an employee of the Borough of Ogdensburg. This shall not restrict
nor prohibit the continued employment of individuals to a position
with the Borough of Ogdensburg where a relative of a department head
is hired before the effective date of this chapter.
[Added 2-12-2024 by Ord.
No. 02-2024]
Except as may be otherwise expressly provided for herein, this
section shall not affect the employment of any present Borough of
Ogdensburg 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 Borough 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 Borough of Ogdensburg becomes an elected official of the Borough
of Ogdensburg following the adoption of this section, the employee
must either resign their employment with the Borough of Ogdensburg
or resign from the office to which they were elected.