[HISTORY: Adopted by the City Council of the City of Pleasantville as indicated in article histories. Amendments noted where applicable.]
Article I Residency Requirements
[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:
- BONA FIDE RESIDENT
- 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.
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.
As of December 1, 2015, all employees shall be subject to the residency requirement. Any employee with five years of satisfactory service prior to December 1, 2015 shall be exempt from the residency requirement.
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.
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:
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.
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.
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.
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:
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.
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.
Request for waiver.
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.
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.
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:
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.
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.