Council amends proposed hiring restriction, sends revised ordinance for new public hearing

Council debated Ordinance 2843, which would amend the borough code to restrict hiring of former borough officials. One council member said she supported the ordinance’s intent to protect ethics and public trust but raised concerns about the breadth of a blanket 12‑month prohibition and possible legal vulnerabilities, noting state and pending legislation often tie post‑employment restrictions to specific conflicts rather than a blanket ban. She referenced Assembly Bill A3380 as more narrowly focused on conflict‑specific restrictions.

The borough attorney, who had reviewed the draft, said the governing body has broad discretion to set hiring standards and that the ordinance as drafted included exemptions (for example, where civil service rules would require hiring). He advised that a court would likely find the borough could set hiring criteria but acknowledged the difference between policy and ordinance is unusual.

Council members debated whether to set the restriction at 12 months or six months (180 days). Supporters of 180 days said that aligns with common state practice and avoided appearing overbroad; proponents of 12 months said annual reorganization cycles favored a full year. The council agreed to a friendly amendment to change the period to 180 days, noting that change is a material amendment that requires the ordinance to be redrafted and readvertised for a new public hearing. The roll call on the amendment to 180 days was: Petroski no; Johnson yes; Robin yes; Lions yes; Patel yes; Castellins yes. The clerk said the amended ordinance would be re‑advertised for public hearing on March 5, 2026.

No final adoption occurred at this meeting; the amendment passed and the revised ordinance will return for public hearing and a future adoption vote.