[HISTORY: Adopted by the City Council of
the City of Pleasantville as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-20-1995 by Ord. No. 2-1995; amended in its entirety 11-16-2015 by Ord. No. 21-2015]
As used in this article, the following terms shall have the
meanings indicated:
A person having a permanent domicile within the City of Pleasantville
and one which has not been adopted with the intention of again taking
up or claiming a previous residence acquired outside of the City of
Pleasantville.
All full-time, permanent and part-time officers and employees hired for employment by the City of Pleasantville, subsequent to the effective date of this article, hereinafter to be employed by the City of Pleasantville, are hereby required, subject to the provisions of N.J.S.A. 40A:9-1.1 et seq., and specifically N.J.S.A 40A:9-1.5, to be bona fide residents of the City of Pleasantville, and as a condition of their employment, continue to be bona fide residents, except as otherwise provided by law. Any person currently employed by the City of Pleasantville who resides outside of the City as of the date of the adoption of this article is specifically exempted from the provisions and terms of this article, except for those provided and set forth at § 41-8, Limitation of grandfathering.
All nonresidents appointed to positions or employments after the effective date of this article shall become bona fide residents of the City of Pleasantville within one year of their employment, except as otherwise provided in § 41-5 herein.
A.
Any
person not otherwise exempted, who is hereafter appointed to a position
or employed by the City of Pleasantville, shall remain a bona fide
resident of the City while employed. Failure of such employee to maintain
residency in Pleasantville shall be a cause for removal or discharge
from service. In the event that such employee does not maintain bona
fide residency, the City Council shall notify said employee that failure
to again take up bona fide residency in the City within six months
of the notification will result in removal or discharge from service.
Such removal or discharge shall take effect on the date in such notice,
but any employee so removed or discharged shall have the right to
such appeals as are available pursuant to law.
B.
As
of December 1, 2015, all employees shall be subject to the residency
requirement. Any employee with five years of satisfactory service
shall be exempt from the residency requirement. Any employee with
less than five years of satisfactory service is subject to the residency
requirement.
[Amended 3-18-2019 by Ord. No. 1-2019]
Whenever the City Council shall determine that there are certain specific positions and employments, requiring special talents or skills which are necessary for the operations of the City and which are not likely to be found among the residents of the City, such positions and employments so determined shall be filled without preference to residency, and the provisions of §§ 41-2, 41-3, 41-4, 41-6 and 41-9 herein shall not apply. The City Council shall set forth the formal criteria pursuant to which such positions and employment shall be determined. Such positions and employments shall include but not be limited to the following professionals, officials and employees, who shall be exempt from the residency requirements specified herein: Municipal Court Judge, City Solicitor, Prosecutor, Public Defender, Zoning Board Attorney, Planning Board Attorney and Court Administrator.
A.
In
the event that the City Council shall determine that there cannot
be recruited a sufficient number of qualified residents for available
specific positions or employments, the City shall advertise for other
qualified applicants. The City shall thereupon classify all qualified
applicants for such positions or employments in the following manner:
B.
The
City Council shall first appoint all those in Class A and then those
in each succeeding class in the order above established 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 proceeding class or classes have been appointed
or have declined an offer of employment or appointment. The preference
established in this section shall in no way diminish, reduce or affect
the preferences granted pursuant to any other provisions of the law.
The City Council may require such officers and employees who are hired
under this section to become bona fide residents of the City of Pleasantville
within one year of their appointment or employment as a condition
of their continued employment.
When promotions of officers and employees are based upon merit,
as determined by suitable promotion tests or other objective criteria,
a bona fide resident of the City 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 person employed by the City of Pleasantville who resides
outside of the City as of the date of the adoption of this article
who subsequently makes his residence within the City shall not be
exempt from the requirements of this article. Any person employed
by the City who is a bona fide resident of the City of Pleasantville
as of the date of adoption of this article shall not be exempt from
the requirements of this article.
A.
Failure
of any officer or employee of the City of Pleasantville, who is not
expressly exempt herein or excluded by statute or otherwise from the
residency requirements herein, to comply with this article shall be
deemed, regardless of tenure, sufficient cause for removal and/or
discharge from the service of the City, subject to said employee's
right to appeal in accordance with law.
B.
The
City Council of the City, or its duly authorized agent, is hereby
authorized to investigate to ensure that all employees hired after
the effective date of this article, subject to the exclusions herein,
become and/or remain bona fide residents within the City.
C.
After
investigation, if it is discovered that an employee, not exempt from
the provisions of the residency requirement, is living outside the
City of Pleasantville:
(1)
They will be issued a notice advising them of the discovery of their
residency outside the City. The notice will also state that the employee
must move back into the City within six months and that their failure
to do so will result in the termination of employment with the City
at the end of the six-month period.
(2)
Upon receipt of the notice, the employee shall submit a written response
about their residency and the reason for their living outside of the
City.
(3)
Request for waiver.
(a)
An employee who receives a notice of residency violation shall have
an opportunity to request a waiver from the residency provision. A
request for a waiver shall be submitted to the City Administrator
within 30 days from the date that the employee received the notice
of residency violation. The request for a waiver does not need to
be on any special form, but the request shall state the reasons the
employee feels the waiver requirement should apply to him and there
should be attached any documentation or other proof in support of
his request.
(b)
The employee shall indicate in the request whether he wishes to have
his request heard during an executive session of a regularly scheduled
Council meeting or whether he would have his application heard as
part of the open public session.
(c)
The City shall terminate all employees who have moved outside of
the City and who are not exempt from the residency requirement provisions.
The article shall be strictly construed, and exceptions shall not
be granted barring extraordinary circumstances. Any request for a
waiver must address, at a minimum, the following factors:
(d)
As of December 1, 2015, only employees with three years of satisfactory
service with the City of Pleasantville shall be eligible to request
a waiver.
(4)
The Council for the City of Pleasantville shall render an answer
immediately after the presentation of the request by the employee.
The decision of Council shall be final.
