[HISTORY: Adopted by the Board of Commissioners of the Township of Nutley as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Civil service — See Ch. 18.
Fire Department — See Ch. 57.
Officers and employees — See Ch. 115.
Personnel policies and benefits — See Ch. 127.
Police Department — See Ch. 131.
Salaries and compensation — See Ch. 154.
[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:
(1) 
Class I: residents of the county in which the municipality is situated.
(2) 
Class II: other residents of the state.
(3) 
Class III: all other qualified residents.
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.
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.