[[1]HISTORY: Adopted by the Township Council of the Township of Monroe 7-13-2004
by Ord. No. O-24-2004. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 77, which consisted of Art. I, adopted
10-5-1987 by Ord. No. O-34-87, and Art. II, adopted 8-15-1988 by Ord. No.
O-16-88, was repealed 9-8-1998 by Ord. No. O-30-98.
Except as otherwise provided in this chapter, all persons shall be residents
of Monroe who are appointed by the Mayor, Township Council or any administrative
department head to a board or other position for a term of a year or years,
or any unexpired term thereof, when said position requires the person to serve
on a part-time basis. Failure of any such person so appointed to maintain
residency in the Township of Monroe shall be cause for removal from said position
or appointment.
The provisions of this chapter shall not apply to the directors of all
administrative departments, Municipal Solicitor, Prosecutor, the Public Defender,
special counsel, Health Officer, Auditor, Tax Collector, Tax Assessor, Chief
Financial Officer or Engineer.
In the event that the Township Council, Mayor or any appointing authority
shall determine that there cannot be recruited a resident or sufficient number
of residents for any specific position, the local unit shall advertise for
qualified applicants pursuant to the authority of N.J.S.A. 40A:9-1.6, or,
in the event that it shall be determined that there is a certain position
requiring special talents or skills which cannot be found among the residents
of Monroe Township, such position can be filled in accordance with the provisions
of N.J.S.A. 40A:9-1.7.
The provisions of this chapter shall apply to all appointments or hirings
after the effective date of this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
A person having a permanent domicile within the Township of Monroe
and one which has not been adopted with the intention of again taking up or
claiming a previous residence acquired outside of Monroe Township.
All persons hired by the Township of Monroe with the exception of
municipal police officers.
All employees and officers employed by the Township of Monroe after
the effective date of this chapter are required to be bona fide residents
therein.
A.
Whenever the Mayor, Township Council or other hiring
authority shall determine that there cannot be recruited a sufficient number
of qualified residents for available specific positions or employments, the
Township shall be authorized to advertise for other qualified applicants.
The Township shall thereupon classify all qualified applicants for such positions
of employments so determined in the following manner:
B.
The Township shall first appoint all those in the class designated in Subsection A(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, or 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.
Whenever the Mayor, Township Council or other hiring authority shall
determine that there are certain specific positions and employments requiring
special skill or skills which are necessary for the operation of the Township
and which are not likely to be found among the residents of the Township of
Monroe, such positions or employments so determined shall be filled without
reference to residency. The Township Council has determined that specific
positions requiring special skills which are to be filled without reference
to residency include, but are not limited to, the following: Township Auditor,
Township Engineer, Municipal Court Judge, Township Prosecutor, Township Solicitor,
Township Administrator, Township Planner or other positions requiring a particular
license to perform the duties required.
The Township of Monroe shall give preference in promotion to officers
and employees who are bona fide residents therein. 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 provisions of law.
Any requirements concerning eligibility, appointment or promotion contained in this chapter 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 this chapter pursuant to § 77-7 shall continue to apply notwithstanding any such order.
