[Amended 9-1-2004 by Ord. No. 2004-6; 12-5-2007 by Ord. No. 2007-030]
All employees, officers and department heads of the Township, except as otherwise provided in Chapter 15 of the Code of the Township of West Milford, shall be appointed by the Mayor, except as otherwise provided by law.
Original appointments to fill vacancies or for new positions shall be limited to qualified persons who have been interviewed or tested concerning such factors as education, experience, aptitude, knowledge, character and physical and mental fitness.
[Amended 9-2-1987 by Ord. No. 1987-21; 10-16-1996 by Ord. No. 1996-31[1]]
A. 
Officers and employees to be residents; terminology. Unless otherwise provided by law, all officers and employees employed by the Township of West Milford after the effective date of this section shall be bona fide residents therein. A "bona fide resident," for the purpose of this section, is a person having a permanent domicile within the Township of West Milford and one which has not been adopted with the intention of again taking up or claiming a previous residence acquired outside of the Township.
B. 
Civil service applicants to be residents. Unless otherwise provided by law, all applicants for positions and employment in the classified civil service area shall be bona fide residents of the Township after the effective date of this section, subject to the exceptions of N.J.S.A. 40A:9-1.4.
C. 
Maintenance of residence. It shall be the duty of the hiring authority to ensure that all employees hired after the effective date of this section shall remain bona fide residents of the Township. Failure of any such employee to maintain residency in the Township shall be cause for removal or discharge from service.
D. 
Unavailability of qualified residents.
(1) 
When the appointing authority of the Township has determined that there cannot be recruited a sufficient number of qualified residents for available specific positions or employment, the appointment authority shall advertise for other qualified applicants. Classification of qualified applicants in such instances shall be determined in the following manner:
(a) 
Other residents of Passaic County.
(b) 
Other residents of counties contiguous to Passaic County.
(c) 
Other residents of the state.
(d) 
All other applicants.
(2) 
All appointments shall be made in the order of preference established hereinabove, except subject to preferences granted pursuant to any other provisions of law.
E. 
Special talent positions.
(1) 
Whenever the appointing authority shall determine that there are certain specific positions and employments requiring special talents or skills which are necessary for the operations of the Township and which are not likely to be found among the residents of the Township, such positions or employments so determined shall be filled without reference to residency.
(2) 
Such provisions shall set forth formal criteria pursuant to which such positions and employments shall be so determined. The criteria shall be established by the appointing authority as the need shall so exist from time to time.
F. 
Preference in promotion. Promotion preference shall be given to a bona fide resident of the Township. When promotions are based upon merit, as properly determined, a bona fide resident shall be given preference over a nonresident in any instance when all other measurable criteria are equal. Such preference under this section shall in no way diminish, reduce or affect the preference granted pursuant to other law.
G. 
Statutory provisions to control. Nothing contained in this section shall require residence in the Township where a state statute would allow otherwise.
[1]
Editor's Note: This ordinance provided that it shall take effect 1-1-1997.
[Amended 9-1-2004 by Ord. No. 2004-6]
Applicants for employment shall apply on forms provided by the Administrator and which have been designed to obtain pertinent information concerning the applicant's education, training, experience, character and other factors necessary to determine his fitness and qualification for service to the Township. All applications shall be filed with the Administrator.
[Amended 9-1-2004 by Ord. No. 2004-6]
The Administrator shall be charged with processing all applications for appointment to vacancies or new positions, and reporting thereon to the Council. Where it appears that an applicant is otherwise qualified for employment, the Administrator shall require that the applicant furnish evidence that he is physically fit for the position for which he seeks employment.
An applicant for employment covered by civil service may be rejected where he:
A. 
Is not qualified for appointment to the position for which he has applied.
B. 
Is physically unfit to perform the duties of the position for which he has applied.
C. 
Is addicted to the habitual or excessive use of drugs or intoxicants.
D. 
Has been convicted of any crime or offense, including disorderly persons offenses involving moral turpitude.
E. 
Has received other than an honorable discharge from the Armed Services of the United States.
F. 
Has been dismissed from previous employment for delinquency, insubordination or misconduct.
G. 
Has practiced or attempted to practice any deception or fraud in his application or in furnishing other evidence of eligibility for appointment.
H. 
Is not within age limits that have been established for the position for which he seeks appointment.