[HISTORY: Adopted by the Township Committee of the Township of Harmony 12-1-1981 by resolution. Amendments noted where applicable.]
Pursuant to the provisions of N.J.S.A. 40A:9-1.3, all officers and employees employed by the Township of Harmony shall be bona fide residents therein which, for the purpose of this chapter, shall be as defined in the aforesaid statute: "a person having a permanent domicile within the local unit (Township of Harmony) and one which has not been adopted with the intention of again taking up or claiming a previous residence acquired outside of the local unit's boundaries."
By virtue of the provisions of Title 11, Civil Service, of the Revised Statutes being operative within the Township of Harmony, the eligibility of applicants for positions and employment in the civil service of the Township of Harmony shall be limited to residents of the Township of Harmony to the end that the Township of Harmony's eligibility list shall not be open to anyone who is not a bona fide resident of the Township of Harmony at the time of the closing date following the announcement of examination. Should the Civil Service Commission, however, following advertisement in accordance with the provisions of N.J.S.A. 40A:9-1.4, determine that an insufficient number of qualified residents exists for available positions or employment in the Township of Harmony, it may open eligibility lists for given employment to those nonresidents who are qualified.
Pursuant to the provisions of N.J.S.A. 40A:9-1.5, all nonresidents subsequently appointed to positions or employment shall become bona fide residents of the Township of Harmony within one (1) year following their appointment except as hereinafter mentioned, and the failure of an employee to maintain residency in the Township of Harmony shall be cause for removal or discharge from such position or employment. Should an employee not maintain a bona fide residency, the Township of Harmony shall, pursuant to the provisions of N.J.S.A. 40A:9-1.5, notify such employee that failure to again take up such residency in the township within six (6) months of such notification will result in his or her removal or discharge from service, which shall take effect on the date specified in the notice.
Whenever the governing body of the Township of Harmony determines that there cannot be recruited a sufficient number of qualified residents for available specific positions or employment, the Township of Harmony shall advertise for other qualified applicants and shall thereupon classify all qualified applicants for such positions or employment and effect appointments of all persons in the order mandated pursuant to the provisions of N.J.S.A. 40A:9-1.6.
Whenever the governing body of the Township of Harmony determines, pursuant to the provisions of N.J.S.A. 40A:9-1.7, that there are certain special talents or skills which are necessary for the operation of the Township of Harmony and which are not likely to be found among the residents therein, such positions or employment, so determined shall be filled without reference to residency. In applying the standards and/or formal criteria pursuant to which such positions and employment shall be so determined, the governing body shall be guided by:
Whether the services to be rendered in such positions or employment shall be by a person authorized by law to practice a recognized profession, whose practice is regulated by law.
Whether the performance of such services requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction or apprenticeship and training.
Whether the services rendered are in the performance of work that is original and creative in character in a recognized field of artistic endeavor.
Whether the services are specialized and qualitative in nature, requiring expertise, extensive training and proven reputation in the field of endeavor.
Whether, as a condition precedent to qualification for the performance of services, certification by the Director of the Division of Taxation, following successful completion of an examination, is required by law.
The Clerk of the Township of Harmony be and hereby is directed to forward a copy of this chapter, certified under the Seal of the Township of Harmony, to the Civil Service Commission of the State of New Jersey.