Township of Ewing, NJ Personnel Generally

[Amended 12-17-2013 by Ord. No. 13-49]

All officers and employees of the Township are hereby required, as a condition of employment, except as exempt by general law or this Code, to reside within the boundaries of this Township and to be bona fide residents therein and, where continued residency may not be required under statutory exemption or this Code, to maintain primary residence within the State of New Jersey during any period of employment thereafter.

Failure of any officer or employee of the Township who is not expressly exempt and excluded by general law or this Code from a residency requirement as a condition to employment or of continued employment to comply with this section shall be deemed sufficient cause for removal or discharge from the service or employ of the Township. In the event any employee not otherwise exempt shall fail to maintain such bona fide residency, the Township shall notify said employee that failure to again take up residency within six months of notification shall result in a removal from service. Such removal or discharge shall take place on the date specified in the notice, but any employee so removed or discharged shall have the right to such appeals as are available by law.

Classification and appointment.

(1)

If the Township determines that there cannot be recruited a sufficient number of qualified residents for available specific positions or employments, the Township shall advertise for other qualified applicants. The Township shall thereupon classify all qualified applicants for such positions or employments so determined in the following manner:

(a)

Class I: Other residents of Mercer County.

(b)

Class II: Other residents of counties contiguous to Mercer County.

(c)

Class III: Other residents of the State of New Jersey.

(d)

Class IV: All other applicants.

(2)

The Township 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, 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. An employee hired under this section shall be required to become a bona fide resident of Ewing Township as a condition of his/her continued employment within a reasonable period and not later than one year of his/her hiring.

The Township shall give preference in promotion to officers and employees who are bona fide residents of the Township. 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.

Notwithstanding any other provision of this section, the municipal residency requirement shall not apply to any officer or employee:

[Amended 9-27-2022 by Ord. No. 22-18; 2-14-2023 by Ord. No. 23-04]

(1)

Hired pursuant to Ewing Code § 4-48.

(2)

Hired as a firefighter or police officer.

(3)

Hired pursuant to Civil Service process for intergovernmental transfer.

(4)

After he or she has been continuously employed by the Township for a period of five years.

Whenever the Township 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 may be filled without reference to residency. Any finding under this subsection shall require that the positions and employments shall have first been advertised to the residents of the Township, without success. Positions and employments falling under this subsection must be specialized and qualitative in nature requiring expertise, extensive training, education or licensing and proven reputation in the field and necessary for the operations of the Township.

All employees of the Township must comply with N.J.S.A. 52:14-7, the New Jersey First Act, by maintaining a principal residence within the State of New Jersey while employed by the Township.