[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]
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.
(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.
[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.