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ORDINANCE 2014-02 Amendment to Nepotism Ordinance

Adopted: January 28, 2014
Vetoed: February 7, 2014
Veto Overridden: February 18, 2014

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH, OCEAN COUNTY, NEW JERSEY AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH AT CHAPTER II ENTITLED “ADMINISTRATION” TO ELIMINATE THE 2005 AMENDMENTS TO THE ANTI-NEPOTISM POLICY


WHEREAS, the Governing Body of the Borough of Point Pleasant Beach previously adopted Ordinance 2004-38, establishing an anti-nepotism policy which restricted the employment of relatives of members of the Governing Body in the Borough; and

WHEREAS, a different Governing Body amended this policy by passing Ordinance 2005-16 which added prohibitions on the employment of persons with certain political affiliations in violation of the Constitutional protections of freedom of association; and

WHEREAS, the Governing Body now desires to amend its anti-nepotism policy in order to eliminate the 2005 additions;

NOW THEREFORE BE IT ORDAINED by the Mayor and Council of the Borough of Point Pleasant Beach, County of Ocean and State of New Jersey as follows:
Section 1.
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;

a. Employment of Governing Body Members and Relatives; Relatives of Department Heads, Supervisors or Other Administrators.
1. Definitions. The following definitions shall apply to the within subsection:
(a) The term "relative" shall be defined as "parent, spouse, child, sibling, grandparent, grandchild, aunt, uncle, niece, nephew, first cousin, in-law or step-relative, domestic partner or cohabitant."
(b) 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.

b. 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 influence the hiring, firing, promotion, demotion or transfer of a relative of such person, or a relative of any governing body member, for a position within the borough in the same department in which such person is employed.
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.

c. Exceptions. The prohibited employment or professional or business service practices set forth in subsection 2-23.16b herein shall not apply in the following circumstances:
1. Nothing contained herein 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 herein shall affect the employment of any present borough employees and/or any existing contractual obligations with employees by the borough.
3. Nothing contained herein shall restrict or prohibit the hiring of a seasonal part-time employee who is a relative of a department head, elected officials or other employee of the borough.
4. This paragraph shall not apply to the relative of any member of any local government agency, board, commission and committee where that member is employed as a volunteer.”

Section 2. All sections of Chapter II not amended hereunder shall remain in full force and effect.
Section 3. 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 4. All ordinances or parts thereof which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of their inconsistencies.
Section 5. This Ordinance shall take effect immediately upon its final passage and publication as required by law.


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, held on the 7th day of January, 2014 and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 28th day of January 2014 at 7:30 p.m. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey 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 January08, 2014 | New Ordinances | 1757


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