[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-18-2009 by Ord. No. 2/09[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
I, General Requirements, adopted 8-15-1979 by Ord. No. 1353, as amended.
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WHEREAS, the Town of West New York through Ordinance No. 1353,
in adopting Ordinance No. 1353, recognized that it is in the vital
policy interest of the Town of West New York to promote the employment
of its residents in the Town; and
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WHEREAS, the Town of West New York, in adopting Ordinance No.
1353, recognized that the Town of West New York residency as a condition
or attribute of job eligibility is amenable to the enhancement of
the quality of employee performance as such would assure a greater
knowledge of the Town's conditions and inculcate in the employees
a feeling of greater interest and stake in the Town's welfare
and progress; and
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WHEREAS, the Town of West New York, in adopting Ordinance No.
1353, recognized that required residency tends to diminish absenteeism
and tardiness among municipal personnel and promote more efficient
service by employees; and
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WHEREAS, the Town of West New York, in adopting Ordinance No.
1353, recognized a residency requirement as a condition for municipal
employment in this Town among the members of the general class of
employees will result in greater economic benefits to the Town flowing
from local expenditure of employees' salaries; and
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WHEREAS, the Legislature of the State of New Jersey in its various
enactments has not occupied the field of legislation in regard hereto,
nor intended any interference with the right of the municipality to
regulate the residence of its officers and employees except those
specifically exempted by statute in N.J.S.A. 40A:14-9.1, 40A: 14-122.1
and 40A:9-1.3 et seq.; and
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WHEREAS, since the enactment of Ordinance No. 1353, approximately
35 years ago, the enforcement of that Ordinance No. 1353 has not been
enforced by the Town, for various and myriad reasons, which has led
to an actual workforce comprised of residents and nonresidents; and
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WHEREAS, given the current economic and fiscal climate, it is
the further opinion of the Town that future enforcement of a residency
ordinance would be beneficial to the interest of the Town, for all
of the reasons expressed by the Town in the adoption of Ordinance
No. 1353 in 1979; and
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WHEREAS, given the current economic and fiscal climate, it is
the opinion of the Town that enforcement of Ordinance 1353, given
its history of nonenforcement, would be detrimental to the interests
of those current employees of the Town who, despite their nonresidence,
have and are continuing to provide valuable services to the Town:
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Ordinance No. 1353 (and Ordinance Nos. 1937, 23/94 and 127/94
to the extent that they serve to amend Ordinance No. 1353) are hereby
repealed, effective immediately, and such repeal shall have retroactive
effect.
No current Town employee's employment shall be affected
by the fact of nonresidence at the time that this article is finally
adopted, employees currently not residing in Town at the time of final
adoption of this article expressly being grandfathered hereunder.
However, the Town reserves all other rights it may have in regards
to such employees' continued employment, except for any claims
the Town may have against such continued employment on the grounds
of an employee's residency at the time of the final adoption
of this article, except as otherwise set out herein.
This article shall hereafter be known and cited as the "2009
Residency Requirement Ordinance."
A bona fide "resident" is defined as any person having a permanent
domicile within the Town of West New York and one which has not been
adopted with the intention of again taking up or claiming a residence
acquired outside of the Town limits.
A.
The
provisions of this article shall apply to all municipal officers and
employees not otherwise exempt from residency requirements by N.J.S.A.
40A:9-1.3 et seq., 40A:14-9.1 and 40A:14-122.1 and also shall not
apply to persons rendering special, unique or professional services
to the Town of West New York, including but not limited to doctors,
architects, nurses, scientific or chemical analysts, attorneys, accountants,
auditors and planners, Municipal Clerk, Deputy Municipal Clerk, subject
to the requirements set forth in N.J.S.A. 40A:9-133
et seq., and Chief Financial Officer, subject to the requirements
set forth in N.J.S.A. 40A:9-140.1 et seq.,
and the Municipal Administrator.
B.
Wherever
possible, autonomous or semiautonomous municipal agencies or authorities
of the Town of West New York shall adhere to the residency policy
set forth in this article when hiring employees, agents or servants.
C.
With
respect to the positions of fire fighter, police officer and civilian
dispatcher and candidates for these positions, residency, for purposes
of consideration of appointment to the employ of the Town and inclusion
on any Department of Personnel employment eligibility list for the
Town, shall be as of the date of appointment, and residency must be
continuously maintained from the closing date of the examination up
to and including the date of appointment to the employ of the Town.
Residency within the Town of West New York shall be a continuing condition
of employment for the position of civilian dispatcher.
A.
All officers and employees hereafter employed by the Town of West
New York are hereby required, as a continuing condition of their employment,
to have their place of abode in the Town and to be a bona fide resident
therein, except as otherwise provided by law.
B.
Any current officer or employee who transfers residence from their
bona fide residence at the time of the Final Adoption of this article
shall, as a continuing condition of their employment, be required
to relocate so as to have their place of abode in the Town and to
be a bona fide resident therein, except as otherwise provided by law.
A.
Failure
of any employee to maintain residency in the Town, when required to
do so under the terms of this article, shall be cause for removal
or discharge from service.
B.
Investigations
of residence authorized. The Mayor and Commissioners of the Town of
West New York, or a duly appointed agent, is hereby authorized to
investigate into the residency of any officer, employee or appointee
to any board and to require the officer, employee or appointee to
any board to produce proof of bona fide residence.
C.
Notice
of charges of nonresidence; hearing. The officer, employee or appointee
to any board shall be given a ten-day notice setting forth the charge
that he is not a bona fide resident of the Town of West New York.
The notice shall also set forth the time and place of hearing to be
held by the Mayor and Commissioners, and the officer, employee or
appointee to any board shall be entitled to a full hearing.
D.
Failure
to appear to comply with requirements shall be cause for dismissal.
Failure of any officer, employee or appointee to any board of the
Town of West New York, other than those who have a statutory exemption,
to appear at the time and place of the hearing set forth in the notice
or to comply with the residence requirements shall be sufficient cause
for his removal or discharge from service.
E.
In the event an employee does not maintain bona fide residency when
required to do so, the hiring authority shall notify said employee
that failure to again take up bona fide residency in the local unit
within six months of such notification will result in removal or discharge
from service. Such removal or discharge shall take effect on the date
specified in such notice, but any employee so removed or discharged
shall have the right to such appeals as are available pursuant to
law.
All nonresidents subsequently appointed to positions or employments
shall become bona fide residents of the Town within one year of their
appointment.
A.
The Mayor and Board of Commissioners are hereby authorized, upon
written application by the officer or employee and for good cause,
to extend compliance with this article for a period up to but not
exceeding six months.
B.
No application for an extension of time shall be granted unless it
is submitted to the Mayor, in writing.
C.
No application for an extension of time shall be granted unless the
applicant states, in writing, his or her intention to become a bona
fide resident of West New York within the time period, as extended.
D.
In considering good cause for an extension of time, the Mayor and
Board of Commissioners shall take into consideration the length of
time the applicant has been a nonresident; problems related to the
sale of a home or in the purchase of a home within West New York;
financial problems concerning existing leases; difficulties in locating
suitable quarters or facilities within West New York; completion of
school terms of the applicant's children; financial hardships;
and such other matters that may create an undue burden on the applicant's
family if an extension of time is not granted.
A.
Where the appointing authority shall determine that there cannot
be recruited a sufficient number of qualified residents for available
specific positions or employments, the appointing authority may, in
its discretion, hire nonresidents for such positions or employments
in the following manner:
B.
When the necessity arises to invoke this section, 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 of employment or
employments remaining after all qualified applicants in the preceding
class or classes have been appointed or have declined an offer of
appointment. The preference established by this section shall in no
way diminish, reduce or affect the preferences granted pursuant to
any other provisions of the law.
Hereinafter, the Town shall give preference in promotion to
officers and employees who are bona fide residents of Town. When promotions
are based upon merit as determined by suitable promotion tests or
other objective criteria, a resident shall be given preference over
a nonresident in any instance when all other measurable criteria are
equal. The preference granted by this section shall in no way diminish,
reduce, or affect the preference granted pursuant to any other provision
of law.
Any requirements concerning eligibility, appointment or promotion contained in any ordinance or resolution adopted pursuant to this act shall be subject to any order issued by any court, or by any state or federal agency pursuant to law, with respect to a requirement of action to eliminate discrimination in employment based upon race, creed, color, national origin, ancestry, marital status or sex, except that any requirement contained in any such ordinance or resolution pursuant to the provisions of § 90-7 of this article shall continue to apply notwithstanding any such order.
[Adopted 2-7-1996 by Ord. No. 3/96]
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WHEREAS Civil Service rules, regulations and
the laws of the State of New Jersey allow the municipality to classify
eligible candidates for its Police and Fire Departments according
to residency, and
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WHEREAS it would be in the best interest of
the Town of West New York to have as many local residents as possible
to be on its Police and Fire Departments, since it would promote better
standard of public safety.
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Now, therefore, be it ordained by the Mayor
and Board of Commissioners of the Town of West New York that:
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A.
Before any person shall be appointed as a member of
the paid Fire Department or of the Police Department, the Commissioner
of Public Safety shall classify all the duly qualified applicants
for the position or positions to be filled in the following classes:
B.
Within each such 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 such municipality, who fulfill
the requirements of N.J.S.A. 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.
In making such appointments, the Commissioner
of Public Safety shall first appoint all those in Class I 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 vacancy or
vacancies remaining after all qualified applicants in the preceding
class or classes have been appointed or have declined an offer of
appointment.
The classes of qualified applicants defined in § 90-9 shall be considered as separate and successive lists of eligibles, and the Civil Service Commission shall, when requested to certify eligibles for positions specified in this article, make such certifications from said classes separately and successively and shall certify no person from any such class until all persons in the preceding class or classes have been appointed or have declined offers of appointment.
This article shall apply only to initial appointments
and no promotional appointments of persons already members of the
Fire Department or Police Department.
In making temporary appointments, the Commissioner of Public Safety shall utilize the classifications set forth in § 90-9 and shall classify accordingly all duly qualified applicants for the position or positions to be temporarily filled.
