[HISTORY: Adopted by the Essex County Board
of Chosen Freeholders (now Board of County Commissioners) 4-24-1996 by Ord. No. O-1996-00003. Amendments noted where applicable.]
Unless otherwise provided by law, all officers
and employees hired by the County of Essex after the effective date
of this chapter shall be bona fide residents of the County of Essex.
For the purpose of this chapter, the following
terms shall have the meanings indicated:
A person having a permanent domicile within the County of
Essex, and one which has not been adopted with the intention of again
taking up or claiming a previous residence acquired outside the boundaries
of the County of Essex.
All applicants for positions and employments
in the classified service of the County of Essex shall be bona fide
residents of the County at the time of the closing date following
the announcement of examination by the Civil Service Commission; provided,
however, that if the Commission, after ample advertisement, determines
that an insufficient number of qualified residents exists for available
positions or employments in the County of Essex, it may open eligibility
lists for positions and employments to qualified nonresidents.
The County of Essex shall give preference in
promotion to officers and employees who are bona fide residents of
the County. When promotions are based upon merit, as determined by
suitable promotion tests or other objective criteria, a resident shall
be given preference over a nonresident in any instance when all other
measurable criteria are equal; provided, further, however, any officer
or employee promoted to a supervisory unclassified capacity who, at
the time of passage of this chapter, was not a bona fide resident
of the County of Essex shall be required as a condition of said promotion
to establish a bona fide residence in the County within six months
from the date of said promotion. The preference granted by this section
shall in no way diminish, reduce or affect the preference granted
pursuant to any other provisions of the law.
The responsibility and duty to enforce this
chapter shall be with the County Supervisor or County Executive, or
his/her designee, as the case may be. The failure of any employee
hired after the effective date of this chapter to maintain a bona
fide residence in the County of Essex shall be cause for removal or
discharge from service. In the event such employee fails to maintain
a bona fide residence in the County, the enforcing authority shall
notify said employee that failure again to take up bona fide residency
in the County, within six months of such notification, will result
in removal or discharge from service. Such employee removed or discharged
shall have the right to such appeals as are available pursuant to
law.
A.
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
shall advertise for other qualified applicants. The hiring authority
shall thereupon classify all qualified applicants for such positions
or employments in the following manner:
B.
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.
C.
Any employee hired pursuant to this section shall
be required, as a condition of continued employment, to establish
a bona fide residence in the County.
Where the hiring authority shall determine that
there are certain specific positions or employments requiring special
talents or skills which are necessary for the operations of the County
and which are not likely to be found among residents of the County,
such positions or employments so determined shall be filled without
reference to residency.
The Essex County Board of County Commissioners
hereby urges the County Executive and the Director of Personnel to
enforce this chapter and ensure that henceforth each and every employee
of the County of Essex shall be a bona fide Essex County resident.
A copy of this chapter shall be forwarded to
all of the autonomous agencies of the County of Essex to indicate
the intent of this Board.
A copy of this chapter shall be served upon
the Secretary of the Civil Service Commission.
