Pursuant to N.J.S.A. 40A:9-1.4, the Borough of Wildwood Crest hereby limits the eligibility of applicants for positions and employments in the classified service of the Borough of Wildwood Crest to residents of the Borough of Wildwood Crest. A "resident," for the purpose of the ordinance, shall be defined as a person having a permanent domicile within the Borough of Wildwood Crest and one which has not been adopted with the intention of again taking up or claiming a previous residence acquired outside of the boundaries of the Borough of Wildwood Crest.[1]
[1]
Editor's Note: Adopted 5-22-1984 by Ord. No. 594.
All nonresidents subsequently appointed to positions or employments shall become bona fide residents of the Borough of Wildwood Crest within one year of their appointment, except as otherwise provided in §§ 46-11, 46-12 and 46-14 of this ordinance. It shall be the duty of the hiring authority to ensure that all such employees hired remain bona fide residents of the Borough of Wildwood Crest. Failure of any such employee to maintain residency in the Borough of Wildwood Crest shall be cause for removal or discharge from service. The procedures set forth in N.J.S.A. 40A:9-1.5 shall govern.
A. 
Whenever the appointing authority shall determine that there cannot be recruited a sufficient number of qualified residents for available specific positions or employments, the Borough of Wildwood Crest shall advertise for other qualified applicants. In such case, the hiring authority shall thereupon classify all qualified applicants for such positions or employments in the following manner:
(1) 
Other residents of Cape May County.
(2) 
Other residents of Cumberland County and Atlantic County.
(3) 
Other residents of New Jersey.
(4) 
All other applicants.
B. 
The hiring authority shall first appoint all 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 appointment.
C. 
The preference herein established shall in no way diminish, reduce or affect the preferences granted pursuant to any provision of law.
D. 
Any officers and employees hired pursuant hereto, who are not residents of the Borough of Wildwood Crest, shall, as a condition of their continued employment, become bona fide residents of the Borough of Wildwood Crest within such reasonable period of time as is specified at the time of employment.
Whenever the hiring authority of the Borough of Wildwood Crest shall determine that there are certain specific positions and employments requiring special talents or skills which are necessary for the operations of the Borough and which are not likely to be found among the residents of the Borough, such positions or employments shall be filled without preference to residency. The hiring authority shall determine, and set forth in writing, the formal criteria for such positions and employments at the time of determination of the need to fill such positions or employments, giving due regard to experience, qualifications, formal training, proximity to the Borough of Wildwood Crest, availability, specialization and similar matters directly related to the specific positions and employments involved.
A. 
Preference in promotion to positions and employments in the classified service of the Borough of Wildwood Crest shall be given to officers and employees who are bona fide residents of the Borough of Wildwood Crest. When promotions are based on merit, the Borough shall employ, inter alia, ratings received by the officers and employees as set forth through the Borough's performance evaluation system, as an objective criteria of merit. In such cases of merit promotions, a resident of the Borough of Wildwood Crest shall be given preference over a nonresident in any instance where the other criteria are equal.
B. 
No preference herein granted shall in any way diminish, reduce or affect the preference granted pursuant to any provision of law.
Notwithstanding anything contained in this ordinance to the contrary, this ordinance shall not be applicable to officers, employees or positions of the Borough of Wildwood Crest who, or which:
A. 
Are in unclassified Civil Service;
B. 
Are in the Borough's paid Fire Department and Police Department;
C. 
Are employed pursuant to professional service contracts authorized by resolution or ordinance; or
D. 
Are employed to perform extraordinary, unspecifiable services as defined by the Local Public Contracts Law pursuant to contracts authorized by resolution.
A certified copy of this ordinance shall be forwarded to the New Jersey Civil Service Commission by the Borough Clerk.
If any section, paragraph, subdivision, clause or provision of this ordinance shall be adjudged to be invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provisions so adjudged, and the remainder of the ordinance shall be deemed valid and effective.
All ordinances, or parts thereof, inconsistent with the terms of this ordinance, are hereby repealed insofar as such inconsistency exists.
This ordinance shall become effective 20 days after its final passage. Publication shall be made as provided by law.