Borough of Paulsboro, NJ Chapter 59A Residency Requirements

[HISTORY: Adopted by the Mayor and Council of the Borough of Paulsboro 7-5-1995 as Ord. No. 0.7.95. Amendments noted where applicable.]

§ 59A-1 Definitions.

For the purpose of this ordinance, the following terms shall have the meanings indicated:

RESIDENT

A person permanently domiciled within the Borough of Paulsboro; a domicile which has not been adopted with the intention of again taking up or claiming a previous residence acquired outside of the Borough.

§ 59A-2 Residence required.

Except as otherwise provided by law, all full-time permanent and full-time, part-time officers and employees hereinafter to be employed by the Borough of Paulsboro are hereby required as a condition of their employment to have their place of abode in the Borough of Paulsboro and be a bona fide domiciliary therein.

§ 59A-3 Exceptions.

The Mayor and Council are hereby authorized, in its discretion, for good and sufficient cause being shown, to permit any officer or employee of the Borough of Paulsboro to remain in the employ of the Borough without complying with the provisions hereof where:

A. The health of any officer or employee necessitates residence outside the Borough limits.

B. The nature of employment is such as to require residence outside the Borough.

C. Specialized talent or technique is required including the completing 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.

D. Those who by state statute or other applicable law shall not be subject to any residency requirements.

§ 59A-4 Council to ensure compliance.

It shall be the duty of the Council of the Borough of Paulsboro to ensure that all employees hired after the effective date of this ordinance shall remain bona fide residents of the Borough of Paulsboro.

A. Failure of any officer or employee, except as provided by law, to comply with this regulation shall be deemed, regardless of tenure or other such status, sufficient cause for removal or discharge from the service of the Borough.

B. The Mayor and Council of the Borough of Paulsboro or its duly authorized agent is hereby authorized to investigate into the residency of any officer, employee or appointee of the Borough and to require said officer, employee or appointee to produce proof of bona fide residence within the Borough of Paulsboro.

C. As a condition of employment, each and every employee or prospective employee shall be required to execute an affidavit, in form prescribed by the Mayor and Council, setting forth, inter alia, that said employee is domiciled in the Borough of Paulsboro.

D. Notice of noncompliance; hearing.

[Amended 9-5-2000 by Ord. No. 00.06.00]

(1) Any municipal officer, employee or appointee shall be given 180 days from the date of notice of noncompliance with this chapter, served by certified and regular mail, to comply with the residency requirement. The notice shall set forth the charge that the municipal officer, employee or appointee is not a bona fide resident of the Borough of Paulsboro and shall be discharged on account thereof if the municipal officer, employee or appointee does not comply with the chapter within the one-hundred-and-eighty-day period.

(2) In addition, the notice shall provide that the municipal officer, employee or appointee shall be entitled to a full hearing on account of said employee's residency before the Mayor and Council or its duly designated hearing officer, if requested in writing to the Borough Clerk, by the municipal officer, employee or appointee within the one-hundred-and-eighty-day period.

§ 59A-5 Severability.

In the event that any section of this ordinance shall be declared to be illegal or unconstitutional by a court of competent jurisdiction, such declarations shall not in any manner prejudice the enforcement of the remaining provisions.

§ 59A-6 Present employees unaffected.

This ordinance shall not affect the residency of persons presently employed by the Borough of Paulsboro who are not residents as of the effective date of this ordinance; such person who subsequently makes his residence within the Borough shall not be exempt from the requirements of this ordinance.

§ 59A-7 Unavailability of qualified residents; order of preference; residency required.

A. When the Mayor and Council of the Borough of Paulsboro shall determine that there can not be recruited a sufficient number of qualified residents for available specific position(s) or employment(s), the Council shall advertise for other qualified applicants. Classification of qualified applicants in such instances shall be determined in the following manner:

(1) Class I: residents of the county in which the municipality is situated.

(2) Class II: other residents of the state.

(3) Class III: all other qualified residents.

B. All appointments shall be made in the order of preference established hereinabove, except that the operation of such order of preference shall be subject to other preferences granted pursuant to any other provisions of law.

C. Any officer or employee hired under the provisions of this section shall be required, as a condition of continued employment, to become domiciled in the Borough of Paulsboro within one year of the date of commencement of such employment.