[Adopted 2-2-1982 by Ord. No. 2071; amended
in its entirety 10-5-1993 by Ord. No. 2408 (Ch. 53 of the 1978 Code)]
[Amended 2-6-1996 by Ord. No. 2476]
Unless otherwise provided by law, all officers
and employees employed by the Township of Nutley after the effective
date of this article shall be bona fide residents of the Township.
For the purpose of this article, a "bona fide resident" is a person
having a permanent domicile within the Township and one which has
not been adopted with the intention of again taking up or claiming
a previous residence acquired outside of the Township.
[Amended 2-6-1996 by Ord. No. 2476]
Unless otherwise provided by law, all applicants
for positions and employment in the classified civil service area
shall be bona fide residents of the Township of Nutley after the effective
date of this article, subject to the exceptions of N.J.S.A. 40A:9-1.4.
[Amended 2-6-1996 by Ord. No. 2476]
It shall be the duty of the Board of Commissioners
to ensure that all employees hired after the effective date of this
article shall remain bona fide residents of the Township of Nutley.
Failure of any such employee to maintain residence in the Township
of Nutley shall be cause for removal or discharge from service in
accordance with N.J.S.A. 40A:9-1.5.
Preference in promotion shall be given to officers
and employees who are bona fide residents of the County of Essex.
When promotions are based on merit, as determined by suitable promotion
tests or other objective criteria, a bona fide resident shall be given
preference over a nonresident in any instance when all other measurable
criteria are equal. Such preference under this section shall in no
way diminish, reduce or affect the preference granted pursuant to
any other provision of law.
Nothing contained in this article shall require
residency in the county where a state statute allows otherwise.
This article shall not affect the residency
of persons presently employed by the Township of Nutley who are not
residents as of the effective date of this article.
[Added 6-19-2007 by Ord. No. 3008]
Notwithstanding the foregoing, any Commissioner
may, within his/her department, waive the residency requirements of
this article where appropriate circumstances exist and such action
is in the best interest of the Township.
[Adopted 12-21-1976 by Ord. No. 1893 (Ch.
54 of the 1978 Code)]
[Amended 10-5-1993 by Ord. No. 2409; 2-6-1996 by Ord. No.
2477]
A. Before any person shall be appointed as a member of
the paid Fire Department or Police Department, the Director of Public
Safety shall classify all the duly qualified applicants for the position
or positions to be filled in the following classes:
(1) Class I: residents of the municipality.
(2) Class II: other residents of the county in which the
municipality is situated.
(3) Class III: other residents of the state.
(4) Class IV: all other qualified applicants.
B. Within each such classification, duly qualified applicants
who are veterans shall be accorded all such veterans' preferences
as are provided by law. Persons discharged from the service within
six months prior to making application to such municipality, who fulfill
the requirements of N.J.S.A. 40A:14-10.1, and who thereby are entitled
to appointment notwithstanding their failure to meet the New Jersey
residency requirement at the time of their initial applications, shall
be placed in Class III.
In making such appointments, the Director of
Public Safety shall first appoint all those in Class I and then those
in each succeeding class in the order above listed and shall appoint
a person or persons in any such class only to a vacancy or vacancies
remaining after all qualified applicants in the preceding class or
classes have been appointed or have declined an offer of appointment.
The classes of qualified applicants defined in §
148-10 shall be considered as separate and successive lists of eligibles, and the Civil Service Commission shall, when requested to certify eligibles for positions specified in this article, make such certifications from said classes separately and successively and shall certify no persons from any such class until all persons in the preceding class or classes have been appointed or have declined offers of appointment.
This article shall apply only to initial appointments
and not promotional appointments of persons already members of the
Fire Department or Police Department.
In making temporary appointments, the Director of Public Safety shall utilize the classifications set forth in §
148-10 and shall classify accordingly all duly qualified applicants for the position or positions to be temporarily filled.