20-1 ORDINANCE No 1° Reading JA N O 9 2020 oa,e se way

Public Heanng Date Re,urned

2"' Reading & Passage JA N 2 3 2020 on,, a,s.sm e Wnhdrawn Lost

A Proved as to For d Leganty Factuakcontint certined by

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ouncilman w an Robin Vaughn, Santiago Rodriguez presentsthefollowingOrdinance

O NANCE AMENDING THE TRENTON CITY CODE TO ADD CHAPTER 22, - ANTI-NEPOSTISM POLICY

WHEREAS, the City Council of the City of Trenton declares that an anti-nepotism policy should be enacted to avoid conflicts of interest between work-related and obligations; to reduce favoritism or even the appearance or perception of favoritism and preferential treatment; and to prevent personal and/or family conflicts from affecting the workplace;

WHEREAS, the City Council of the City of Trenton believes it is unfair and creates injustice to allow nepotism to affect employment decisions among its officials and employees; and nepotism decreases the job satisfaction and morale of all employees;

WHEREAS, the City Council of the City of Trenton seeks to ensure that all employment decisions are based on merit;

WHEREAS, the City Council of the City Trenton believes the existence of a nepotism policy ensures that individuals cannot influence the hiring, promotion or discipline of a close relative; and reduces the perception of favoritism by requiring all employees to disclose relevant conflicts, and by restricting that employee's involvement with employment decisions relating to his or her relative;

NOW THEREFORE BE IT RESOLVED, the Trenton City Code is amended to add Chapter 22, Anti-Nepotism Policy. Those matters being added being shown by bold and underlined type.

Chapter 22 Anti-Nepotism Policy

22-1 Definitions The following definitions apply to each section of this ordinance:

A. Family Member or Relative - a ; ; ; ; ; grandchild; -in-law; -in-law; -in-law; -in-law; ; stepmother; ; half-brother; half-sister; nephew; niece; first ; ; ; foster child; domestic partner or cohabitants as defined by the New Jersey Civil Union Act, P.L. 2006, c. 103 (Chapter 103). ORDINANCE

B. Appointed Official - An individual, appointed either by the Mayor and/or City Council, to any "local government agency" as that term is defined within N.J.S.A. 40A: 9-22.3(e) and includes, but is not limited to, appointees to city Departments and/or Boards and Commissions within the City of Trenton, as well as any other independent local authority or entity created by the City of Trenton, which performs functions other than of a purely advisory nature and/or one in which the members receive compensation.

C. Elected Official - The Mayor and members of City Council.

D. Boards and Commissions - includes, but is not limited to, appointees to Board of Education, Capital City Redevelopment Corporation, Landmarks Commission for Historic Preservation, Library Board, Planning Board, Zoning Board, Prolect Application Review Committee (PARC), Rent Stabilization Board, Trenton Housing Authority, Trenton Parking Authority, Trenton Downtown Association.

E. Departments and Offices- Office of the Mayor, Administration & Finance, City Clerk, Fire & Emergency Services, Health & Human Services, Housing & Economic Development, Inspections, Law, Municipal Court, Police, Public Works, Recreation, Natural Resources & Culture and Water & Sewer.

22-2 Prohibited Acts

A. No person who is a relative or family member of any elected official or appointed official of the City of Trenton shall be considered for employment as an employee of the City. This applies to full-time, part-time and seasonal employment. This shall not restrict nor prohibit the continued employment of individuals in a position or positions with the City where a relative of a permanent employee is elected after the date of the permanent employee's start date of employment with the City.

B. No elected official can serve as liaison to any Department or Office that employs any member of that elected official's family.

C. No municipal employee shall be in a position that provides supervision over a family member.

D. These policies are not for the purpose of depriving any citizen of an equal chance for a city government job, but solely to eliminate the potential for preferential treatment of the relatives of city government personnel, appointed or elected officials. These policies will not deprive any permanent, full-time or part-time, employee as of the date of these policies of any promotional right in the normal ORDINANCE

career development nor change the existing status of any permanent, full-time or part-time, employee. None of these policies apply to any unpaid volunteer positions.

E. No appointed and/or elected official or supervisor may participate in the promotion process, or any other personnel matter, of any existing municipal employee who is a relative or family member of such elected official, appointed official or supervisor.

F. No family member or relative of an appointed and/or elected official shall be appointed to any municipal position that receives compensation, or to any "local government agency" as that term is defined within N.J.S.A. 40A: 9-22.3(e) and includes, but is not limited to, the Board of Education, Capital City Redevelopment Corporation, Landmarks Commission for Historic Preservation, Library Board, Planning Board, Zoning Board, Pro ject Application Review Committee (PARC), Rent Stabilization Board, Trenton Housing Authority, Trenton Parking Authority, Trenton Downtown Association, and any other agency or board within the City of Trenton, as well as any other independent local authority or entity created by the City of Trenton, which performs functions other than of a purely advisory nature and/or one in which the members receive compensation.

22-3 Enforcement

A. Investigation. The City of Trenton reserves the right to investigate situations in the workplace to determine whether nepotism exists and therefore presents a possible violation of this Policy. If the City determines that a proscribed relationship (as defined by this policy) exists, remedial and/or disciplinary measures, including but not limited to a transfer, reassignment, or dismissal, shall be utilized to mitigate issues that arise relevant to the enforcement of this policy.

B. The City of Trenton retains the right to refuse to place employees engaged in relationships prohibited by this policy in the same department where it has the potential for creating adverse impact on supervision, safety, security or morale or involves potential conflicts of interest.

C. The City will attempt to transfer one party to the proscribed relationship to a similar classified position in another City Department, should such a position exist, be available, and should the employee possess the skills and qualifications necessary to perform the essential duties of the position. Although the wishes of the involved parties as to which individual will be transferred will be given consideration by the City, the controlling factor in determining who is to be transferred shall be the positive operation and efficiency of the City. If any such ORDINANCE

transfer results in a reduction in salary or compensation, applicable and legally required due process procedures shall be applied.

D. No transfer or reassignment will be inconsistent with any employee's rights under a collective negotiations agreement or Civil Service rights.

E. In lieu of a transfer from one Department or Office to another, or in situations where no similar counterpart classification exists to which an employee in a proscribed relationship can be transferred, that employee may continue to be employed within the same City Department or Office subject to approval by the Department Director and the Mayor.

F. The provisions of this Nepotism policy are not applicable to individuals employed by the City on or before the date of of this Policy. As such a change in marital status/cohabitation, etc. of any current employee, will result in the applicability of this Policy.

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Adopted on first read og at a meeting of the City Council of the Ci y of Trenton. NJ on

Adopted on second read a r the pubhc hearing on

Mn Reconsidered by Council Override Vote

PresidentofCoun ! Cuy'Ögrk CITY OF TRENTON OFFICE OF THE MAYOR

W. Reed Gusciora Mayor

January 28. 2020

Hon. Dwayne Harris Office of the City Clerk 319 East State Street Trenton. NJ 08608

VETO MESSAGE ON ORDINANCE(S) 20-1 and 20-2

Dear Mr. Harris,

I am returning Ordinance(s)20-1 and 20-2. and my veto of same. in that the said Ordinances are duplicative of federal and state law, are overly broad and would cause confusion among City workers.

Ordinance 20-1, establishing a City-wide "anti-nepostism policy" [ sic] is overly broad and casts too wide a net. For instance. the ordinance even covers unpaid volunteer board and commission appointments. In this instance, a person who volunteers on the Library Board could not have a relative apply for a seasonal job at the Public Works Department. For a Council that only wants Trenton residents to apply for any job at City Hall, this unnecessarily restricts local residents from volunteering for boards or commissions since they could not have a relative apply for a city job. whether full or part-time. In this regard. you would actually have a chilling affect on volunteerism in the City.

Similarly, Ordinance 20-2, the so-called "anti-fraternization policy." is so overly broad that it would cause confusion and dampen morale in City Hall. Essentially, who will judge employee behavior whether or not it is "fraternizing?" Can employees go out to lunch with one another, without causing concern? Can employees go to a concert after work together. without raising suspicion? Can employees give a welcome hug when another employee is having a birthday? Can an employee send a text message with a friendly emoji? Should an employee become romantically involved with another employee, who decides when they violate the policy? Moreover, should they wish to marry, who decides who will lose their job? I feel this ordinance looks for a problem that does not need to be solved.

What is equally troubling in enacting these ordinances, is the fact that Trenton is a historic City. and one which is home to several large and interconnected tracing their lineage back for centuries. Restricting hiring based on familial ties would be denying a large swath of

9 Eau Scare reet • Sc Trenton, New Jersey 08608-1866 • Phone: 609-989-3030 • Fax: 609-989-3939 mayorsoffice@ trentonni.org Trentonians from working at City Hall. Regarding fraternization, the ACLU has a very strong stance against restricting employees from getting married: even while working within government.

Enacting these ordinances into law will hinder our ability to effectively hire qualified Trentonians for employment and impede our efforts to fill vacancies within already emaciated departments. My administration is not in the business of excluding qualified candidates from working for our taxpayers. This is especially so for those who call Trenton their home.

Finally, I find that the legislation is in violation of the spirit of both Civil Service rules and the Faulkner Act. Therefore, I am vetoing the previously mentioned proposed Ordnances. They simply are duplicative. unnecessary and will only cause confusion and uncertainty among City employees. I trust the majority of City Hall employees. who dedicate their careers to the City, to do the right thing without creating a "nanny state" mentality. There are already laws on the books to take care of the few that cross the line.

Thank you for your attention in this regard.

Respectfully.

W. Reed Gusciora, Mayor of Trenton