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Township of Stillwater, NJ
Sussex County
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Table of Contents
Table of Contents
[Amended 12-29-1981 by Ord. No. 81-21; 12-26-1995 by Ord. No. 95-12A]
The Township Committee may appoint and employ a Township Administrator, a Township Attorney, a Township Engineer, a Township Clerk, a Township Collector of Taxes, a Township Assessor, a Township Construction Official and Subcode Official, a Township Physician, a Township Treasurer/Chief Financial Officer and such other officers as it deems necessary or appropriate. The Administrator, Assessor, Attorney, Clerk, Collector, Chief Financial Officer, Engineer, Physician, Construction Official and Subcode Officials need not be residents of the Township. All such officials shall be duly certified by the State of New Jersey, in cases where such certification is required. All other appointed officers and employees shall be residents of the Township, except as hereinafter set forth. A "bona fide resident," for the purpose of this subsection, 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 limits.
A. 
New full-time officers and employees need not be residents at the time of their appointments but shall establish residence within the Township within one year of their permanent appointments.
B. 
Insufficient resident applicant procedure.
(1) 
Whenever the appointing authority shall determine that there cannot be recruited a sufficient number of qualified residents for available full-time specific positions or appointments, the Township shall advertise for other qualified applicants who shall be classified and appointed according to the following preferences:
(a) 
Class 1: Residents of the County of Sussex.
(b) 
Class 2: Residents of counties contiguous to the County of Sussex.
(c) 
Class 3: Residents of the State of New Jersey.
(d) 
Class 4: All other qualified applicants.
(2) 
The appointing authority shall first appoint all of those in Class 1 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 position or positions or employment or employments remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of employment. The Township shall require such officers and employees, as a condition of their continued employment, to become bona fide residents of the Township within one year after permanent employment.
C. 
Whenever the appointing authority shall determine that there are specific positions and employments requiring special talents or skills which are necessary for the operation of the Township and which are not likely to be found among the residents of the Township, such positions or employment shall be filled without reference to residency. The appointing authorities shall file with the Township Clerk appropriate documentation as to the nature of the special talent or expertise required and of the efforts made to recruit persons of such special talents or expertise from within the Township.
D. 
The appointing authority, with the consent and approval of the Township Committee, may permit any officer or employee to remain in the employ of the Township without complying with the residence requirements of this section where the health of any officer or employee necessitates residence outside of the Township limits or the nature of the employment is such as to require residence outside of the Township limits. The appointing authority shall file with the Township Clerk appropriate documentation with regard to the health of the employee or the nature of the employment which necessitates residency outside of the Township limits.
E. 
Preference shall be given in promotion to full-time officers and employees who are bona fide residents of the Township. When promotions are based on merit as determined by suitable promotion tests or objective criteria, a bona fide resident shall be given preference over a nonresident in any instance where all other measurable criteria are equal.
F. 
This subsection is not applicable to officers and employees of the Township holding their positions prior to the date of this amendment insofar as requiring that any such officer or employee shall become a resident of the Township. However, all such officers and employees presently residing in the Township on the effective date of this amendment must so continue to reside or be subject to the requirements of this subsection.
G. 
Failure to comply with this section shall constitute grounds for dismissal.
All appointive officers, except where otherwise provided by law, shall hold office until January 1 next following their appointment.
Where a vacancy occurs in any appointive office, the Township Committee shall fill the vacancy for the unexpired term, except in the case where the Township Committee grants a leave of absence to join any branch of the Armed Forces of the United States. No officer shall hold over in his office after the expiration of the term for which he has been appointed.