[1]
Editor's Note: At a referendum held on November 2, 1976, the
voters of the City of Newark decided, by a vote of 18,601 to 18,362
to "make the residency requirement [for municipal officers and employees]
prospective only [effective as of the date of that election] and .
. . exempt from the residency requirement employees possessing special
talents or techniques necessary for operation of government."
[R.O. 1966 C.S. § 2:14-1]
All officers and employees of the City who shall hereafter become
employees of the City are hereby required as a condition of their
continued employment to have their place of abode in the City and
to be bona fide residents therein, except as otherwise provided by
the Charter. A bona fide resident, for the purpose of this section,
is a person having a permanent domicile within the City and one which
has not been adopted with the intention of again taking up or claiming
a previous residence acquired outside of the City limits.
The Director of any Department or the Mayor or City Clerk is
hereby authorized in his/her discretion, for good cause shown, to
permit any officer or employee of the City in his/her respective department
or office to remain in the employ of the City without complying with
the provisions hereof, where:
a.
The health of any officer or employee necessitated residence outside
of the City limits;
b.
The nature of the employment is such as to require residence outside
of the City limits;
c.
Special talent or technique which is necessary for the operation
of government not found among Newark residents exists justifying residence
outside of the City limits.
Failure of any officer or employee to comply with this section
shall be cause for his/her removal or discharge from the City service.
[R.O. 1966 C.S. § 2:14-1.1; Ord.
6 S+FJ, 7-6-1994; Ord. 6 PSF-A(S), 1-7-2016; amended 1-5-2023 by Ord. No. 6PSF-B,
01-05-2023]
a.
Classification. Prior to the appointment
of any duly qualified applicants for the positions of Firefighter
and Police Officer, all such applicants shall be classified as follows:
b.
Veterans Preference. Within each 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 the City of Newark, New
Jersey, who fulfill the requirements of N.J.S. 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 application, shall be placed in Class III.
c.
Eligible Lists; Certification; Initial Appointments Only.
1.
The classes of qualified applicants defined in paragraph a shall
be considered as separate and successive lists of eligibles, and the
Civil Service Commission shall, when requested by the City of Newark
to certify eligibles for positions specified in this section, make
such certifications from the 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.
2.
This section shall apply only to initial appointments and not to
be promotional appointments of persons already members of the Division
of Fire and Division of Police of this City.
d.
Temporary Appointments. In making temporary appointments the City
of Newark shall utilize the classification set forth in paragraph
a herein, and shall classify accordingly all duly qualified applicants
for the position or positions to be temporarily filled.
e.
All applicants for appointment to the Division of Police or Division
of Fire shall be qualified for appointment as required by law, ordinance
and Civil Service rules and regulation. All applicants for appointment
shall be residents of the City of Newark and must have maintained
continuous residency within the City of Newark for at least two (2)
years prior to the announced closing date of the Department of Personnel
examination up to and including the date of appointment. An applicant
may be exempt from the residency requirement if the applicant can
show proof of residency within the City of Newark for five (5) years
at any time prior to application.
[Amended 1-5-2023 by Ord. No. 6PSF-B, 01-05-2023]
|
The provisions herein shall become effective June 7, 1993 in
accordance with N.J.A.C. 4A:4-2.11(b)1.
|
[Ord. 6 S+FD, 2-21-1990]
a.
Any present or future officials appointed by either the Mayor or
the Municipal Council to any Board, Agency, or Commission established
by Municipal Ordinance are hereby required, as a condition of their
appointment and term of office, to have their place of abode in the
City of Newark and to be bona fide residents therein, except as otherwise
provided by this subsection. A bona fide resident for purpose of this
subsection is a person having a permanent domicile within the City.
All present or prospective appointees shall be required to submit
an affidavit to the appointing authority indicating their Newark residency,
together with proof of residency, including copies of the deed or
lease for the principal resident, driver's license, utilities bills,
phone bills, proof of mortgage or lease payments and such other evidence
of residency as may be required by the appointing authority. The affidavit
of residency shall be submitted at the time of appointment and on
or before January 31st of each year.
b.
Any appointee presently residing outside the City limits shall be
given 90 days to relocate to the City. The appointing authority may
appoint a non-Newark resident in any of the following circumstances:
1.
The State Statute outlining the appointment procedures expressly
provides the appointee may be a non-resident.
2.
The appointee commits to relocate to the City of Newark within 90
days of his appointment.
3.
The appointee has special training or expertise and such skills or
training are essential for the work of the Board, Agency or Commission.
The determination of such skills or training shall be made by the
appointing authority.
c.
Failure of any officer or employee to comply with this section shall
be cause for his/her removal from the appointed Board, Agency or Commission.
[Ord. 6 S+FS, 1-17-1996; Ord. 6 S+FK, 3-20-1996; Ord. 6 S+FL, 3-20-1996; Ord. 6 PSF-B, 12-19-2012; Ord. 6 PSF-I, 1-22-2014; Ord. 6PSF-J, 10-1-2014]
All Special Law Enforcement Officers who shall hereafter be
so appointed, are hereby required as a condition of their appointment
to have their place of abode in the City of Newark and to be bona
fide residents therein. A bona fide resident, for the purpose of this
section, is a person having a permanent domicile within the City of
Newark and one which has not been adopted with the intention of again
taking up or claiming a previous residence acquired outside of the
City limits. All Special Law Enforcement Officers, seeking immediate
reappointment prior to the expiration of their term of appointment
or no later than three months from the expiration of their term, shall
not be subject to the residency requirement.
a.
Exception. The Municipal Council does hereby agree to and approve
the 2013 list of individuals that are not residents of the City of
Newark to be appointed as Special Police Officers.
No additional names may be added to this list.
Any individual currently on the 2013 list of nonresidents appointed
as Special Law Enforcement Officers who is removed from the list by
moving into the City of Newark may not return to the list at a later
date.
Any current Special Law Enforcement Officer that is a resident
of the City of Newark who elects to move to a place of residence outside
of the City of Newark shall relinquish his/her right to be appointed
as a City of Newark Special Police Officer.
It is the position of the Municipal Council that all new appointees
to be Newark Special Law Enforcement Officers, with the exception
of the non-resident list of 2013, be residents of the City of Newark.[1]
[1]
Editor's Note: Ord. 6PSF-J exempts three recruits from the
residency requirements for Special Law Enforcement Officers.
