[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield 5-18-2004
by Ord. No. 04-2325. Amendments noted where applicable.]
This chapter shall be called the "Antinepotism Policy of the Borough
of Bergenfield."
A.
The prohibitions set forth in this chapter shall apply
solely to employee positions for the Borough of Bergenfield.
B.
This chapter shall not apply to nonpaid appointments
to the various boards, commissions, committees and authorities of the Borough,
nor to service in any volunteer organization, including those volunteer positions
in the Ambulance Corp, Fire Department and Auxiliary Police.
C.
Subject to the exception in Subsection D below, this chapter 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 Bergenfield as of the effective date of this chapter 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 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 within 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 chapter.
E.
The prohibitions set forth in this chapter are enforceable
only to the extent that they are not in violation of applicable civil service
statutes or any other applicable state laws.
As used in this chapter, the following terms shall have the meanings
indicated:
Persons holding the position of Council member or Mayor of the Borough
of Bergenfield.
For purposes of this chapter shall mean those persons as set forth
in the Borough Salary Ordinance: Borough Administrator, Chief Financial Officer,
Fire Chief, Police Chief, Certified Public Works Manager, Construction Code/Building
Department Official.
Includes spouses, parents/children, siblings, and in-laws to the
extent of parents or children, brothers- and sisters-in-law, first cousins,
aunts and uncles.
The following restriction shall apply in the hiring and promotion of
employees to employment positions for the Borough of Bergenfield:
A.
No person who is a relative of any elected official o
the Borough of Bergenfield 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 Borough Councilperson or Mayor after the date
of the employee's start of employment with the Borough.
B.
Promotion of existing employees. Notwithstanding the
prospective application as to the remainder of this chapter as applied above,
no elected official may participate in the promotion or hiring process in
that department of any existing employee who is a relative of such elected
official. Such elected official shall abstain from participation in such personnel
action as it applies to such relative.
This policy is not for the purposes 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 elected officials.
Except as may be otherwise expressly provided for herein, this chapter
shall not affect the employment of any present Borough employees and/or any
existing contractual obligations with employees by the Borough of Bergenfield.
