The Administrator may, with the approval of the Council, serve
as head of one or more departments in addition to the Department of
Administration. The same person may serve as director of two (2) or
more departments; a department director may also be appointed to serve
as a division head within his department; and a division head may
be appointed as department director. Acceptance of an appointment
as a director by any person in the classified service of the civil
service shall not be deemed to constitute a resignation or termination
of his civil service status.
[Amended 6-9-2004 by Ord.
No. 1250-2004]
The Administrator shall have the power to hear and determine
any charge or charges filed against a member of the uniformed force
pursuant to law unless the Director determines that the disciplinary
hearing should be conducted by an independent third party who has
prior experience in the operations of a uniform force.
Upon the termination of the term of office or the employment
of any officer or employee, he shall forthwith deliver to his successor,
or, if there is no successor, to the Clerk or other person who may
be designated by the Mayor to receive the same, all moneys, papers,
books, memoranda, accounts and data of any nature whatever pertaining
to his office.
The public, administrative and executive business offices shall
be open for the transaction of public business daily, except Saturdays
and Sundays and legal holidays, between such hours as the Council
may prescribe, except as otherwise provided by law. All departments
in times of emergency shall provide municipal services for twenty-four
(24) hours a day. The Administrator or a department head may require
any officer or employee to be in attendance for work on any day or
days whenever he determines that a public exigency or emergency so
requires.
[Amended 2-4-1975 by Ord.
No. 60-75; 10-20-1992 by Ord. No. 643-92;10-3-1995 by Ord. No. 797-95]
A. Definition of "bona fide." In accordance with the provisions of N.J.S.A.
40A9-1.3, all officers and employees employed by the City of Perth
Amboy after the effective date of this section shall be bona fide
residents of the City of Perth Amboy, except as otherwise required
by state law or provided herein. Said officers and employees shall,
subsequent to appointment, remain bona fide residents of the City
of Perth Amboy as a condition of continued employment. For the purpose
of this section, a bona fide resident is a person having a permanent
domicile within the City of Perth Amboy and a residence which has
not been adopted with the intention of again taking up or claiming
a previous residence acquired outside the City of Perth Amboy.
B. Eligibility of applicants limited to bona fide residents. In accordance
with the provisions of N.J.S.A. 40A:9-1.4, applicants for positions
and employment in the classified service of the City of Perth Amboy,
including applicants for police officer and fire fighter titles, shall
be limited to bona fide residents of the City of Perth Amboy, both
on the closing date of the civil service examination, if one is given,
and on the date of hire, except as otherwise provided herein or upon
the determination of the New Jersey Department of Personnel that an
insufficient number of qualified residents exist for available positions.
This provision shall not be construed to exempt police officers and
fire fighters from the requirement that they remain bona fide residents
of the City of Perth Amboy for a period of one (1) year after their
appointment.
C. Unavailability of qualified residents; preference schedule.
(1) In accordance with the provisions of N.J.S.A. 40A9-1.6, whenever
the appointing authority determines that there cannot be recruited
a sufficient number of qualified residents for available specific
positions or employments, the City of Perth Amboy shall advertise
for other qualified applicants.
(2) The appointing authority shall then classify all qualified applicants
for such specific positions or employments in the following manner.
(a)
Other residents of the County of Middlesex.
(b)
Other residents of the counties contiguous to the County of
Middlesex.
(c)
Other residents of the State of New Jersey.
(3) The appointing authority shall first appoint all those in Subsection
C(2)(a) (Class Number 1) and then those in each succeeding class in the order above listed and shall appoint a person in any such class only to a position or employment remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment. This provision shall not diminish, reduce or affect the preferences otherwise provided by law.
(4) In accordance with the provisions of N.J.S.A. 40A:9-1.5, officers
and employees appointed in accordance with the provisions of this
section shall, as a condition of continued employment, become bona
fide residents of the City of Perth Amboy within a reasonable period
of time which shall be specified at the time of appointment.
D. Appointments without reference to residency.
(1) In accordance with the provisions of N.J.S.A. 40A:9-1.7, whenever
the appointing authority determines that there are certain specific
positions or employments requiring special talents or skills which
are not likely to be found among the residents of the City of Perth
Amboy, such positions or employments so determined shall be filled
without reference to residency.
(2) The appointing authority shall, prior to any determination to fill
a position without reference to residency, advertise said position,
indicating the special talents or skills required. In the event that
applicants who are residents of the City of Perth Amboy do not demonstrate
that they have the special talents or skills required for appointment
to the position, the appointing authority shall determine that the
position may be filled without reference to residency.
(3) The following positions or employments shall be deemed to require
special talents or skills which are necessary for the operation of
the City of Perth Amboy, except as otherwise provided by state law:
(a)
Positions having substantial managerial policy-making and/or
policy-implementing responsibilities.
(b)
Positions which require pursuant to state law that the appointee
hold a specific license or certification.
(c)
The nature of the employment is such as to require residence
at the Runyon Watershed, Old Bridge Township, New Jersey.
(d)
Other positions which require substantial formal education and
employment experience and/or which require substantial scientific
and technical skills which are necessary for the operations of the
City of Perth Amboy.
E. Applicability.
(1) All of the provisions herein shall apply to all officers and employees
hired and/or appointed after the effective date of this section.
(2) All of the provisions herein shall be construed to require all officers
and employees who are employed by the City of Perth Amboy and are
bona fide residents of the City of Perth Amboy to remain bona fide
residents of the City of Perth Amboy as a condition of continued employment,
except that any city officer or employee who has completed more than
ten (10) full years of continuous employment and bona fide residency
in the City of Perth Amboy thereafter shall not be subject to the
residency requirement as a condition of continued employment and shall
not be subject to removal or discharge for failure to be a bona fide
resident of the City of Perth Amboy.
[Amended 10-28-2009 by Ord. No. 1487-2009]
F. Waiver of residency prohibited. Waivers from the residency requirements
set forth in this section shall be prohibited, except as specifically
provided herein or by operation of state law. The City Council may,
by a majority vote, approve the nonresidence of an employee pursuant
to the criteria set forth herein, only upon the recommendation of
the Mayor.
G. Preference in promotion. In accordance with the provisions of N.J.S.A.
40A:9-1.8, officers and employees who are bona fide residents of the
City of Perth Amboy shall be granted preference in promotion. When
promotions are based upon merit as determined by suitable promotional
tests or other objective criteria, a resident shall be given preference
over a nonresident in any instance when all other measurable criteria
are equal. The preference granted by this subsection shall in no way
diminish, reduce or affect the preference granted pursuant to state
law. This section shall not be applied against those officers and
employees who have been bona fide residents of the City of Perth Amboy,
but have been permitted to reside outside the city after completing
ten (10) full years of service pursuant to Section 4-132(E)(2).
[Amended 10-28-2009 by Ord. No. 1487-2009]
[Added 10-20-1992 by Ord.
No. 643-92]
The chapter and paragraph designations may be changed without
further action by the City Council for the efficient and effective
organization of the Code of the City of Perth Amboy.