Township of Independence, NJ Chapter 80 Residency Requirements

[HISTORY: Adopted by the Township Committee of the Township of Independence 8-14-2000 by Ord. No. 00-7 (Ch. 46 of the 1984 Code). Amendments noted where applicable.]

§ 80-1 Officers and employees to be residents.

Unless otherwise provided by law, all officers and employees of the Township of Independence after the effective date of this chapter shall be bona fide residents of the County of Warren or a county within the State of New Jersey adjacent to Warren County (Morris, Hunterdon and Sussex Counties). For the purpose of this chapter, a "bona fide resident" is a person having a permanent domicile within said counties and one which has not been adopted with the intention of again taking up or claiming a previous residence outside of the counties.

§ 80-2 Residency to be maintained.

All employees hired after the effective date of this chapter shall remain bona fide residents of Warren, Sussex, Morris or Hunterdon Counties. Failure of any such employee to maintain such residency shall be cause for removal or discharge from service in accordance with N.J.S.A. 40A:9-1.5.

§ 80-3 Order of preference.

A. All positions with the Township shall be filled by qualified applicants in the following order of preference:

(1) Class I: residents of Warren County.

(2) Class II: residents of Sussex, Morris and Hunterdon County.

(3) Class III: other residents of the State of New Jersey.

B. Any officer or employee hired from Class III shall be required, as a condition of continued employment, to become a bona fide resident of Warren, Sussex, Morris or Hunterdon County within one year of the date of employment.

§ 80-4 Special talent positions.

A. Whenever the Township Committee shall determine that there are certain specific positions or employments requiring special talents or skills which are necessary for the operations of the Township of Independence and which are not likely to be found among residents of Warren, Sussex, Morris or Hunterdon Counties, such positions shall be filled without preference to residency. Persons hired under the provisions of this section shall not be required to become residents of said counties.

B. Any such determination shall be made pursuant to one of the following criteria:

(1) The position is deemed by the Township Committee to be needed to perform services permitted by statute.

(2) The duties and tasks of said position require individuals possessing specialized talents or skills, including the completion of training leading to technical or professional degrees or other certification, and/or demonstrated effective experience in performing those duties requiring such specialized talent or skills.

(3) It can be shown that it was necessary to go outside of the designated area to recruit a sufficient number of qualified applicants for said position within the past 24 months.

C. Employees hired pursuant to this section shall be hired only by resolution adopted by the Township Committee on an individual basis.

§ 80-5 Present employees unaffected.

This chapter shall not affect the residency of persons presently employees by the Township of Independence who are not residents of the designated area as of the effective date of this chapter.