[HISTORY: Adopted by the Mayor and Council of the Borough of Stanhope 2-28-1984 as Ord. No. 1984-1. Amendments noted where applicable.]
This chapter shall hereafter be known and cited as the "Residence Requirement Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- BONA FIDE RESIDENT
- Any person having a permanent domicile within the Borough of Stanhope and one which has not been adopted with the intention of again taking up or claiming a residence acquired outside of the town limits.
From and after the effective date of this chapter, all officers and employees employed, appointed or to be employed by the Borough of Stanhope shall be bona fide residents therein, except for certain appointed positions expressly provided for by New Jersey statutes or in accordance with the exceptions provided hereinafter.
This chapter is not applicable to officers and employees of the Borough of Stanhope holding their positions prior to the date of this chapter.
Where the appointing authority shall determine that there cannot be recruited a sufficient number of qualified residents for available specific positions or employments, the appointing authority may, in its discretion, hire non-residents for such positions or employments in the following manner:
The hiring authority shall first appoint all those in Class 1, Subsection A(1), 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 position or positions, or employment or employments, remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment. The preference established by this section shall in no way diminish, reduce or affect the preferences granted pursuant to any other provisions of the law.
Whenever the governing body shall determine that there are certain specific positions and employments requiring special talents or skills which are necessary for the operation of the municipality and which are not likely to be found among the residents of the Borough of Stanhope, such positions or employments so determined shall be filled without reference to residency. Prior to such appointment, however, the governing body shall adopt a resolution setting forth the formal criteria pursuant to which such positions and employments shall be so determined and setting forth the specific talents or skills required.
The hiring authority shall give preference in promotion to officers and employees who are bona fide residents of the Borough of Stanhope. When promotions are based upon merit and determined by suitable promotions, tests or other objective criteria, a resident shall be given preference over a nonresident in any instance where all other measurable criteria are equal. The preference granted by this section shall in no way diminish, reduce or affect preference granted pursuant to any provisions of the New Jersey statutes.
Notwithstanding any provision of this chapter to the contrary, any office or employment of the Borough of Stanhope for which an exemption from the residency requirements set forth herein is allowed by statute shall be deemed exempt from the residency requirements of this chapter.
All other ordinances or parts of ordinances inconsistent herewith be and are hereby repealed. In the event that any section or portion of this chapter shall be declared invalid in any manner, such declaration shall not invalidate the entire chapter.
This chapter shall take effect immediately upon passage and publication in accordance with law.