Township of Irvington, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Township of Irvington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Administration — See Ch. 7.
Commissions, committees, councils and other agencies — See Ch. 22.
[Adopted 9-25-1979 by Ord. No. MC 2581; amended 6-12-1990 by Ord. No. MC 2904 (Ch. 5, Art. XXVI, of the 1981 Revised Code)]
Unless otherwise provided by law, all officers and employees employed by the Township of Irvington after the effective date of this article shall be bona fide residents therein. A bona fide resident for the purpose of this act is a person having a permanent domicile within the local unit and one which has not been adopted with the intention of again taking up or claiming a previous residence acquired outside of the local boundaries.
Unless otherwise provided by law, all applicants for positions and employments in the Classified New Jersey Department of Personnel area shall be bona fide residents of the Township of Irvington after the effective date of this article subject to the exceptions of N.J.S.A. 40A:9-1.4.
It shall be the duty of the hiring authority to ensure that all employees hired after the effective date of this article shall remain bona fide residents of the Township of Irvington. Failure of any such employee to maintain residency in the Township of Irvington, unless otherwise exempted from the provisions of this article, shall be cause for removal or discharge from service.
A. 
When the appointing authority of the Township of Irvington has determined that there cannot be recruited a sufficient number of qualified residents for available specific positions or employment, the appointing authority shall advertise for other qualified applicants. Classification of qualified applicants in such instance shall be determined in the following manner:
(1) 
Other residents in the county in which the municipality is situate.
(2) 
Other residents of counties contiguous to the county in which the municipality is situate.
(3) 
Other residents of the state.
(4) 
All other applicants.
B. 
All appointments shall be made in the order of preference established hereinabove, except subject to preferences granted pursuant to any other provisions of the law.
A. 
Whenever the appointing authority shall determine that there are certain specific positions and employments requiring special talents or skills which are necessary for the operations of the Township of Irvington and which are not likely to be found among residents of the Township of Irvington, such positions or employments so determined shall be filled without reference to residency.
B. 
Such provisions shall set forth the formal criteria pursuant to which such positions and employments shall be determined. The criteria shall be established by the appointing authority as the need shall so exist from time to time.
Promotion preference shall be given to a bona fide resident of the Township of Irvington. When promotions are based upon merit, as properly determined, 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 effect the preference granted pursuant to other law.
Nothing contained in this article shall require residency of a person exempted from the provisions of this article or where a state statute would allow otherwise.
[Adopted 1-11-1977 by Ord. No. MC 2479 (Ch. 5, Art. XXVII, of the 1981 Revised Code)]
A. 
Before any person shall be appointed as a member of the Public Safety Department as law enforcement personnel or firefighting personnel, the Director of the Public Safety Department shall classify all the duly qualified applicants for the position or positions to be filled in the respective departments, in the following classes:
[Amended 10-14-2015 by Ord. No. MC 3553]
(1) 
Class I: residents of the municipality.
(2) 
Class II: other residents of the county in which the municipality is situate.
(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 application, shall be placed in Class III.
[Amended 10-14-2015 by Ord. No. MC 3553]
In making such appointments, the Director of the Public Safety Department shall first appoint all those in Class I and 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 § 105-8 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 section, 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.
[Amended 10-14-2015 by Ord. No. MC 3553]
This article shall apply only to initial appointments and not to the promotional appointments of persons already members of the Public Safety Department.
[Amended 10-14-2015 by Ord. No. MC 3553]
In making temporary appointments, the Director of the Public Safety Department shall utilize the classifications set forth in § 105-8 and shall classify accordingly all duly qualified applicants for the position or positions to be temporarily filled.
[Added 2-13-1985 by Ord. No. MC 2769; 10-14-2015 by Ord. No. MC 3553]
All persons appointed special law enforcement personnel shall be bona fide residents in the Township of Irvington; provided, however, that the residency requirement may be waived where the applicant for renewal of appointment as a special law enforcement personnel had been a special law enforcement personnel in the Township of Irvington and a resident of the Township of Irvington for a period of at least 10 years prior to July 1, 1984.