The classes and positions of employees of the
Township of Ewing heretofore established by the New Jersey Department
of Personnel shall be continued.
[Amended 12-17-2013 by Ord. No. 13-49]
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
[Amended 6-27-2000 by Ord. No. 00-17]
The Township of Ewing Personnel Policy and Procedure
Manual, revised March 1996, is hereby reapproved and adopted. Said
Manual is hereby made a part hereof by reference without the inclusion
of the full text herein, and three copies are filed with and shall
be maintained by the Municipal Clerk. The policies and procedures
set forth in the Manual shall be administered by the Business Administrator.
Employment of personnel in the Municipal Clerk's office shall be subject to the provisions of Chapter
4, Administration of Government, Article
III, Municipal Clerk.