[HISTORY: Adopted by the Board of Commissioners
of the Township of Nutley as indicated in article histories. Amendments
noted where applicable.]
[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.
A.
When the Board of Commissioners of the Township of
Nutley shall determine that there cannot be recruited
a sufficient number of qualified residents for available specific
positions or employments, the Board of Commissioners shall advertise
for other qualified applicants. Classification of qualified applicants
in such instances shall be determined in the following manner:
B.
All appointments shall be made in the order of preference
established hereinabove, except that the operation of such order of
preference shall be subject to other preferences granted pursuant
to any other provisions of law.
C.
Any officer or employee hired under the provisions
of this section shall be required, as a condition of continued employment,
to become a bona fide resident of the County of Essex within one year
of the date of commencement of such employment.
A.
Whenever the Board of Commissioners shall determine
that there are certain specific positions or employments requiring
special talents or skills which are necessary for the operations of
the Township of Nutley and which are not likely to be found among
residents of the County of Essex, such positions or employments so
determined shall be filled without reference to residency. Persons
hired under the provisions of this section shall not be required to
become residents of the county.
B.
Any such determination shall be made pursuant to one
of the following criteria:
(1)
The position is deemed by the Board of Commissioners
to be needed to perform services permitted by statute.
(2)
The duties and tasks of said position require individuals
possessing specialized talents or skills, including the completion
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.
(3)
It can be shown by the records of the county that
it was necessary to go outside the County of Essex to recruit a sufficient
number of qualified applicants for said position within the past 24
months.
C.
Employees hired pursuant to this section shall be
hired only by resolution adopted by the Board of Commissioners on
a individual basis.
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:
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.
