Pursuant to the provisions of N.J.S.A. 40A:9-1.3,
all officers and employees employed by the Township of Harmony shall
be bona fide residents therein which, for the purpose of this chapter,
shall be as defined in the aforesaid statute: "a person having a permanent
domicile within the local unit (Township of Harmony) and one which
has not been adopted with the intention of again taking up or claiming
a previous residence acquired outside of the local unit's boundaries."
By virtue of the provisions of Title 11, Civil
Service, of the Revised Statutes being operative within the Township
of Harmony, the eligibility of applicants for positions and employment
in the civil service of the Township of Harmony shall be limited to
residents of the Township of Harmony to the end that the Township
of Harmony's eligibility list shall not be open to anyone who is not
a bona fide resident of the Township of Harmony at the time of the
closing date following the announcement of examination. Should the
Civil Service Commission, however, following advertisement in accordance
with the provisions of N.J.S.A. 40A:9-1.4, determine that an insufficient
number of qualified residents exists for available positions or employment
in the Township of Harmony, it may open eligibility lists for given
employment to those nonresidents who are qualified.
Pursuant to the provisions of N.J.S.A. 40A:9-1.5,
all nonresidents subsequently appointed to positions or employment
shall become bona fide residents of the Township of Harmony within
one year following their appointment except as hereinafter mentioned,
and the failure of an employee to maintain residency in the Township
of Harmony shall be cause for removal or discharge from such position
or employment. Should an employee not maintain a bona fide residency,
the Township of Harmony shall, pursuant to the provisions of N.J.S.A.
40A:9-1.5, notify such employee that failure to again take up such
residency in the Township within six months of such notification will
result in his or her removal or discharge from service, which shall
take effect on the date specified in the notice.
Whenever the governing body of the Township
of Harmony determines that there cannot be recruited a sufficient
number of qualified residents for available specific positions or
employment, the Township of Harmony shall advertise for other qualified
applicants and shall thereupon classify all qualified applicants for
such positions or employment and effect appointments of all persons
in the order mandated pursuant to the provisions of N.J.S.A. 40A:9-1.6.
Whenever the governing body of the Township
of Harmony determines, pursuant to the provisions of N.J.S.A. 40A:9-1.7,
that there are certain special talents or skills which are necessary
for the operation of the Township of Harmony and which are not likely
to be found among the residents therein, such positions or employment,
so determined shall be filled without reference to residency. In applying
the standards and/or formal criteria pursuant to which such positions
and employment shall be so determined, the governing body shall be
guided by:
A. Whether the services
to be rendered in such positions or employment shall be by a person
authorized by law to practice a recognized profession, whose practice
is regulated by law.
B. Whether the performance
of such services requires knowledge of an advanced type in a field
of learning acquired by a prolonged formal course of specialized instruction
and study as distinguished from general academic instruction or apprenticeship
and training.
C. Whether the services
rendered are in the performance of work that is original and creative
in character in a recognized field of artistic endeavor.
D. Whether the services
are specialized and qualitative in nature, requiring expertise, extensive
training and proven reputation in the field of endeavor.
E. Whether, as a condition
precedent to qualification for the performance of services, certification
by the Director of the Division of Taxation, following successful
completion of an examination, is required by law.
The Clerk of the Township of Harmony be and
hereby is directed to forward a copy of this chapter, certified under
the Seal of the Township of Harmony, to the Civil Service Commission
of the State of New Jersey.