[Added 12-6-2004 by Ord. No. 2004-24(959); amended 7-5-2022 by Ord. No. 2022-09 (1227)]
As used in this article, the following terms shall have the meanings indicated:
APPOINTED OFFICIAL
An individual appointed either by the Mayor and/or the governing body to any local governmental agency, as defined in N.J.S.A. 40A:9-22.3(e), and includes, but is not limited to, appointees to the Planning Board and any other agency, board or independent local authority or entity created from time to time by the Borough of Lavallette and which performs any function other than of a purely advisory nature.
ELECTED OFFICIAL
Any official of the Borough of Lavallette who is elected to a position pursuant to Title 19 of the Revised Statutes of the State of New Jersey and/or appointed to fill a vacancy on the governing body of the Borough of Lavallette.
IMMEDIATE FAMILY RELATIVE
Includes spouse or significant other, domestic partner, child, parent, stepchild, sibling, grandparents, daughter-in-law, son-in-law, grandchildren, niece, nephew, uncle, aunt, or any person related by blood, marriage or adoption and who is residing in an elected or appointed official or employee's household.
SEASONAL EMPLOYEE
Includes those employees of the Borough of Lavallette who do not fill a full-time permanent position, or work for part of a year or during a particular portion or season thereof. "Seasonal employee" includes, but is not limited to Class I, Class II or Class III Special Police Officers, lifeguards, and Department of Public Works, Water Utility and/or Electric Utility employees employed for seasonal work only.
Unless otherwise provided by law or New Jersey Civil Service Commission statutes, rules and/or regulations or by collective bargaining agreements, immediate family members shall not be promoted or transferred to any regular full-time or regular part-time position where reasonable objective circumstances exist that place the immediate family member in a situation of actual or reasonably foreseeable conflict of interest because of supervisory responsibility by or for another immediate family member.
No elected official, appointed official or supervising employee shall participate in the appointment or promotional process and/or any other personnel matter of any immediate family member. This section shall not apply to any elected official who votes to approve or disapprove any municipal budget, amendment to municipal budget, salary ordinance or salary resolution where the salary, wage, benefit, time usage and/or other emolument of employment is considered for all employees collectively.
No immediate family member of an elected or appointed official shall be appointed to a municipal professional position wherein the municipal professional appointee receives compensation, including appointment to any local governmental agency as defined in N.J.S.A. 40A:9-22.3(e), and includes, but is not limited to, municipal professional positions for the Planning Board and any other agency, board or independent local authority or entity created by the Borough of Lavallette.
No elected or appointed official shall participate in the selection, evaluation or award of any contract for goods, services or a combination thereof to be awarded to any person, partnership, corporation or other entity for any purpose by the Borough of Lavallette wherein an immediate family member of the elected or appointed official is a principal of the contractor and the contractor will receive compensation from the Borough of Lavallette, including a contract for goods, services or a combination thereof to or for any local governmental agency as defined in N.J.S.A. 40A:9-22.3(e), and includes, but is not limited to contracts with any agency, board or independent local authority or entity created by the Borough of Lavallette.
A. 
The provisions of this Article IV of Chapter 45 of the Borough Code shall not apply to any employees of the Borough of Lavallette who have, hold or occupy employment with the Borough of Lavallette as of the effective date of this Article IV, except where reasonable objective circumstances exist that place the employee in a situation of actual or reasonably foreseeable conflict of interest with an immediate family member.
B. 
The provisions of this Article IV of Chapter 45 of the Borough Code shall not apply to any contractors who have been awarded a contract with the Borough of Lavallette which has been approved by resolution of the governing body of the Borough of Lavallette prior to the effective date of this Article IV.
C. 
The provisions of this Article IV of Chapter 45 of the Borough Code shall not apply to any seasonal employee, nor shall the provisions of this Article IV apply to any volunteer or appointee who receives no compensation for any services provided to the Borough of Lavallette in connection with such service. Compensation consisting only of reimbursement for out-of-pocket expenses of such volunteer or appointee shall not otherwise be considered as compensation for services.
D. 
The provisions of this Article IV of Chapter 45 of the Borough Code shall not apply to the provision of goods, services or a combination thereof to the Borough of Lavallette under the provisions of the Municipal Donations Law, including, but not limited to N.J.S.A. 40:12-22 et seq., by any person, partnership, corporation or other entity who hires, retains or otherwise compensates its own contractor for the provision of such goods, services or a combination thereof and does not receive compensation or reimbursement, in whole or in part, from the Borough of Lavallette. The provision of services by the Borough of Lavallette in conjunction with such municipal donation, such as additional work provided by Borough employees to facilitate such municipal donations, is not prohibited.
E. 
This provision shall not be construed to restrict or prohibit the continued employment of individuals in any position within the Borough of Lavallette where an immediate family member is elected to the governing body after the date of the individual's start date of employment with the Borough of Lavallette.
F. 
The provisions of this Article IV shall be construed to have prospective effect only as of the effective date of this Article IV of Chapter 45 of the Borough Code.
All documents, communications and records, including electronically stored documents, communications and records, which are prepared for or relate to the provisions of this Article IV of Chapter 45 of the Borough Code shall be preserved for a period of five years following the date of their submission to the Borough of Lavallette.