[Adopted 11-22-2005 by Ord. No. O-38-2005]
[1]
Editor's Note: Former Art. V, Antinepotism, adopted 6-23-1998 by Ord. No. O-25-98, was repealed 11-23-2004 by Ord. No. O:53-2004, which ordinance was vetoed by the Mayor but subsequently the Township Council duly resolved by an affirmative vote of 2/3 of its members to enact the ordinance notwithstanding the Mayor's veto.
This article shall be entitled "Antinepotism Policy of the Township of Monroe."
A. 
The prohibitions set forth herein shall apply solely to paid part-time or full-time employment positions with the Township of Monroe.
B. 
This article shall not apply to appointments to the various Boards, Commissions, committees or authorities of the Township of Monroe.
C. 
Subject to the exception in Subsections D and E below, this article 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 Township of Monroe 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 exception, persons appointed to positions of employment with the Township 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 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 article.
D. 
The prohibitions and restrictions contained in Subsections A and B shall not apply in the case of seasonal part-time employment.
E. 
The prohibitions set forth in this Article V are enforceable to the extent that they are not in violation of civil service or any other applicable state laws.
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
Any person who is applying for any paid part-time or full-time employment with the Township of Monroe.
ELECTED OFFICIAL
Persons holding the position of Township Mayor or Council.
EMPLOYEE
Any paid part-time or full-time person hired to work for the Township.
EMPLOYMENT
Any paid part-time or full-time person working for the Township.
RELATIVE
Includes spouses, parents/children, siblings, grandparents/grandchildren, uncle/aunt, first cousins, nephews/nieces, in-laws to the extent of parents or children, brothers and sisters-in-law. The above definition shall include domestic and/or life partners and all of the above associated lineage as set forth above.
SUPERVISOR
Any employee of the Township having supervisory duties and powers over another employee or employees within the respective department of the Township.
VOLUNTEER
Any person who is volunteering (i.e, not being financially compensated) his/her services to the Township Emergency Management Services or the Township Fire Department and, who has been a member for at least one year.
The following restrictions shall apply in hiring and promotion of employees of the Township of Monroe.
A. 
Supervision. No relative (as defined herein) shall be considered for employment by the Township of Monroe or hired 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. 
Applications. Applications for employment submitted by relatives of Township employees holding current supervisory positions (hereinafter supervisor) will not be accepted for positions in the same department of the Township in which the supervisor works or where, through promotion, such a situation or relationship could exist.
C. 
Relatives of elected officials. No person who is a relative of any elected official of the Township of Monroe shall be considered for employment as an employee to the Township. This shall not restrict nor prohibit the continued employment of individuals to a position or positions with the Township where a relative of an employee is elected as Township Mayor or as a Councilperson after the date of the employee's start of employment with the Township.
D. 
Promotions of existing employees. Notwithstanding the prospective application as to the remainder of this article 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 such elected official or supervisor, as the case may be. Such elected official or supervisor shall abstain from participation in such personnel action as it applied to such relative.
This policy is not for the purpose of depriving any citizen of an equal chance for employment with the Township, but is solely intended to eliminate the potential for preferential treatment of the relatives of governmental personnel.
Except as may otherwise be expressly provided for herein, this article shall not affect the employment of any present Township employees and/or any existing contractual obligations with employees of the Township of Monroe.
Except as may otherwise be expressly provided for herein, this article shall not apply to an application for employment by any volunteer, as defined above, for a paid part-time or full-time position, if such position becomes available, in the organization, i.e., Township Emergency Management Services or Township Fire Department, of which that applicant is currently an active member. However, should such applicant be a relative of a Township elected official, that elected official will be prohibited from participating in the hiring process of such applicant. This prohibition will include the participation in discussions by the Township Council and the voting upon the employment of the applicant.