For the purpose of this ordinance, the following terms shall have the
meanings indicated:
RESIDENT
A person permanently domiciled within the Borough of Paulsboro; a
domicile which has not been adopted with the intention of again taking up
or claiming a previous residence acquired outside of the Borough.
Except as otherwise provided by law, all full-time permanent and full-time,
part-time officers and employees hereinafter to be employed by the Borough
of Paulsboro are hereby required as a condition of their employment to have
their place of abode in the Borough of Paulsboro and be a bona fide domiciliary
therein.
The Mayor and Council are hereby authorized, in its discretion, for
good and sufficient cause being shown, to permit any officer or employee of
the Borough of Paulsboro to remain in the employ of the Borough without complying
with the provisions hereof where:
A. The health of any officer or employee necessitates residence
outside the Borough limits.
B. The nature of employment is such as to require residence
outside the Borough.
C. Specialized talent or technique is required including
the completing of training leading to technical or professional degrees or
other certification and/or demonstrated effective experience in performing
those duties requiring such specialized talent or skills.
D. Those who by state statute or other applicable law shall
not be subject to any residency requirements.
It shall be the duty of the Council of the Borough of Paulsboro to ensure
that all employees hired after the effective date of this ordinance shall
remain bona fide residents of the Borough of Paulsboro.
A. Failure of any officer or employee, except as provided
by law, to comply with this regulation shall be deemed, regardless of tenure
or other such status, sufficient cause for removal or discharge from the service
of the Borough.
B. The Mayor and Council of the Borough of Paulsboro or
its duly authorized agent is hereby authorized to investigate into the residency
of any officer, employee or appointee of the Borough and to require said officer,
employee or appointee to produce proof of bona fide residence within the Borough
of Paulsboro.
C. As a condition of employment, each and every employee
or prospective employee shall be required to execute an affidavit, in form
prescribed by the Mayor and Council, setting forth, inter alia, that said
employee is domiciled in the Borough of Paulsboro.
D. Notice of noncompliance; hearing.
[Amended 9-5-2000 by Ord. No. 00.06.00]
(1) Any municipal officer, employee or appointee shall be
given 180 days from the date of notice of noncompliance with this chapter,
served by certified and regular mail, to comply with the residency requirement.
The notice shall set forth the charge that the municipal officer, employee
or appointee is not a bona fide resident of the Borough of Paulsboro and shall
be discharged on account thereof if the municipal officer, employee or appointee
does not comply with the chapter within the one-hundred-and-eighty-day period.
(2) In addition, the notice shall provide that the municipal
officer, employee or appointee shall be entitled to a full hearing on account
of said employee's residency before the Mayor and Council or its duly
designated hearing officer, if requested in writing to the Borough Clerk,
by the municipal officer, employee or appointee within the one-hundred-and-eighty-day
period.
In the event that any section of this ordinance shall be declared to
be illegal or unconstitutional by a court of competent jurisdiction, such
declarations shall not in any manner prejudice the enforcement of the remaining
provisions.
This ordinance shall not affect the residency of persons presently employed
by the Borough of Paulsboro who are not residents as of the effective date
of this ordinance; such person who subsequently makes his residence within
the Borough shall not be exempt from the requirements of this ordinance.