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ORDINANCE 2013-48 Amendment to Nepotism Ordinance

Adopted: December 17, 2013

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH, COUNTY OF OCEAN AND STATE OF NEW JERSEY, AMENDING CHAPTER II ENTITLED “ADMINISTRATION” AT SECTION 2-23.16 ENTITLED “EMPLOYMENT PROHIBITIONS”


BE IT ORDAINED by the Borough Council of the Borough of Point Pleasant Beach, County of Ocean and State of New Jersey as follows:
SECTION I.
Chapter II of the Borough Coded entitled “Administration” shall be amended at Section 2-23.16 as follows:
“2-23.16 Employment Prohibitions Regarding Governing Body Members and Relatives; Relatives of Department Heads, Supervisors or Other Administrators; Local, County and State Elected and Political Officials.
(a) Definitions. For purposes of this section, 2.23-16, unless specifically provided otherwise, the following definitions shall apply within this section:
(1) The term "relative" shall be defined as "parent, spouse, child, sibling, grandparent, grandchild, aunt, uncle, niece, nephew, cousin, in-law or step-relative, domestic partner or cohabitant."
(2) The term "local government agency" or "authority" shall be defined as a board, authority, committee or other instrumentality within the Borough of Point Pleasant Beach.
(3) The term “municipal committee” shall be defined as set forth in N.J.S.A. 19:5-2, which establishes municipal committees of political parties in the Borough of Point Pleasant Beach.
(4) The term “continuing political committee” shall be defined as set forth in N.J.S.A. 19:44A-3(n), which includes among other things a political club or political action committee organized for purposes of supporting the candidacy of an individual or individuals for elective public office in the Borough of Point Pleasant Beach, the County of Ocean or the State of New Jersey; provided, however, that at the county or state level the elective public office must be one that represents the Borough of Point Pleasant Beach.
(5) The term “elected official” shall include any municipal, county or state official elected by a vote in which the registered voters of the Borough of Point Pleasant Beach are permitted to participate.
(6) During any governing body member's term and for a period of one year next, subsequent to the termination of office of such governing body member, the mayor and council of the borough shall prohibit the following employment or professional or business service practices:
(1) Award any contract which is not publicly bid to such governing body member and/or such member's relative.
(2) Allow a relative of a governing body member to represent, appear for or negotiate on behalf of any other party before any board, authority or otherwise, unless such prohibition would otherwise be permitted by law.
(3) Employ for compensation, except pursuant to open competitive examination in accordance with Title 11A of the New Jersey Statutes and the Rules and Regulations promulgated pursuant thereto, any former member of the governing body or relative of such governing body member, for any position within the borough over which the borough has direct hiring authority. This prohibition shall apply for one year following the end of the term of the governing body member. This prohibition shall also apply to direct employees of any governing body member who has been employed within one year of the proposed hiring by the governing body.
(4) No department head, supervisor or person in any other administrative position shall hire or cause to be hired any personnel who is a relative of such person, or is a relative of any governing body member, for a position within the borough in the same department over which such person has direct hiring authority.
(5) No local government agency or authority shall hire or cause to be hired any person who is (1) a relative of any governing body member for any employment, consulting or professional service position; (2) a relative of any department head, supervisor or person in any other administrative position or (3) any relative of any member of the local government agency, for a position within the borough in the same department over which such local government agency has direct hiring authority.
(6) No department head, supervisor or person in any other administrative position or any member of any local government agency, shall influence the hiring, firing, promotion, demotion or transfer of a relative of the department over which, or the agency over which, such person or member has control.
(c) The prohibited employment or professional or business service practices set forth in subsection 2-23.16(b), shall also apply to the employment or appointment of any elected officials, officers of a municipal committee, officers of a county committee or officers of a continuing political committee in the Borough of Point Pleasant Beach and to any relatives of such elected officials or officers. Provided, however, that solely for purposes of the application of this subsection, 2-23.16(c), the term “relative” shall include the “parent, spouse, child, sibling, grandparent, grandchild, domestic partner or member or employee of any firm in which the elected official or officers have an equity interest." Provided, further, that any person who is a step-relative occupying one of the categories of relative articulated herein shall also be considered a relative.
(d) Exceptions. The prohibited employment or professional or business service practices set forth in subsection 2-23.16(b), herein, shall not apply in the following circumstances:
(1) Nothing contained in subsection 2-23.16(b) shall restrict or prohibit the continued employment of individuals to a position or positions within the borough where a relative of an employee is elected to the governing body after the date of the employee's start of employment with the borough.
(2) Nothing contained in subsection 2-23.16(b) shall affect the employment of any present borough employees and/or any existing contractual obligations with employees by the borough.
(3) Nothing contained in subsection 2-23.16(b) shall restrict or prohibit the hiring of a seasonal part-time employee who is a relative of a governing body member, department head, or other employee of the borough.
(4) Subsection 2-23.16(b) shall not apply to the relative of any member of any local government agency, local government board, local government commission and local government committee where that member is employed as a volunteer.”
SECTION II.

This Ordinance shall take effect immediately upon its final passage and publication as required by law.


SECTION III.

In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.


SECTION IV.

All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of their inconsistencies.

NOTICE


NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at the regular meeting of the Borough Council of the Borough of Point Pleasant Beach, in the County of Ocean and State of New Jersey, held on the 3rd day of December 2013, and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 17th day of December 2013 at 7:30 p.m. in the Council Chambers at Borough Hall, 416 New Jersey Avenue, at which time and place any person desiring to be heard will be given an opportunity to be so heard.



________________________________
MARYANN ELLSWORTH, RMC
Municipal Clerk


Published December05, 2013 | New Ordinances | 1732


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