[HISTORY: Adopted by the Board of Commissioners of the City
of Union City 7-1-2014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
[1]
Editor’s Note: The ordinance adopted this date also
superseded former Ch. 14, Residency Requirements, adopted 3-18-2014.
The City of Union City shall comply with the residency requirements
as set forth in the New Jersey First Act, N.J.S.A. 52:14-7.
A.
No current City employee's employment shall be affected by the
fact of nonresidence at the time that this chapter is finally adopted.
Current employees who are not currently residing in City at the time
of final adoption of this chapter are expressly grandfathered hereunder.
The City reserves all other rights it may have in regards to such
employees' continued employment, except for any claims the City
may have against such continued employment on the grounds of an employee's
residency at the time of the final adoption of this chapter and except
as otherwise set out herein.
B.
A bona fide "resident" is defined as any person having a single legal
residence within the City of Union City, as the term "single legal
residence" is defined in N.J.A.C. 4A:4-2.11(c).
A.
The provisions of this chapter shall apply to all municipal officers
and employees not otherwise exempt from residency requirements by
statute and also shall not apply to persons rendering special, unique
or professional services to the City of Union City, including but
not limited to doctors, architects, engineers, nurses, scientific
or chemical analysts, attorneys, accountants, auditors and planners,
City Clerk, Deputy City Clerk, subject to the requirements set forth
in N.J.S.A. 40A:9-133 et seq., and Chief Financial Officer, subject
to the requirements set forth in N.J.S.A. 40A:9-140.1 et seq., and
Municipal Judges. Further, when the appointing authority determines
that there are certain specific positions and employments, requiring
special talents or skills which are necessary for the operations of
the City and for which the appointing authority believes would benefit
from expanding the pool of applicants to New Jersey residents who
are not residents of Union City, such positions or employments so
determined shall be filled without reference to residency.
B.
Wherever possible, autonomous or semiautonomous municipal agencies
or authorities of the City of Union City shall adhere to the residency
policy set forth in this chapter when hiring employees, agents or
servants.
C.
With respect to the positions of police officer and civilian dispatcher
and candidates for these positions, residency, for purposes of consideration
of appointment to the employ of the City and inclusion on any Civil
Service employment eligibility list for the City, shall be as of the
date of appointment, and residency must be continuously maintained
from the closing date of the examination up to and including the date
of appointment to the employ of the City.
A.
Failure of any employee to maintain residency in the City, when required
to do so under the terms of this chapter, shall be cause for removal
or discharge from service.
B.
Investigations of residence authorized. The Mayor and Commissioners
of the City of Union City, or a duly appointed agent, are hereby authorized
to investigate into the residency of any officer, employee or appointee
to any board and to require the officer, employee or appointee to
any board to produce proof of bona fide residence. The standards as
set forth in N.J.A.C. 4A:4-2.11 shall be used to make the residence
determination.
C.
Notice of charges of nonresidence; hearing. The officer, employee
or appointee to any board shall be given a ten-day notice setting
forth the charge that he is not a bona fide resident of the City of
Union City. The notice shall also set forth the time and place of
hearing to be held by the Mayor and Commissioners, and the officer,
employee or appointee to any board shall be entitled to a full hearing.
D.
Failure to appear to comply with requirements shall be cause for
dismissal. Failure of any officer, employee or appointee to any board
of the City of Union City, other than those who have a statutory exemption,
to appear at the time and place of the hearing set forth in the notice
or to comply with the residence requirements shall be sufficient cause
for his removal or discharge from service.
E.
In the event an employee does not maintain bona fide residency when
required to do so, the hiring authority shall notify said employee
that failure to again take up bona fide residency in the local unit
within six months of such notification will result in removal or discharge
from service. Such removal or discharge shall take effect on the date
specified in such notice, but any employee so removed or discharged
shall have the right to such appeals as are available pursuant to
law.
A.
The Mayor and Board of Commissioners are hereby authorized, upon
written application by the officer or employee and for good cause,
to extend compliance with this chapter for a period up to but not
exceeding six months.
B.
No application for an extension of time shall be granted unless it
is submitted to the Mayor, in writing.
C.
No application for an extension of time shall be granted unless the
applicant states, in writing, his or her intention to become a bona
fide resident of Union City within the time period, as extended.
D.
In considering good cause for an extension of time, the Mayor and
Board of Commissioners shall take into consideration the length of
time the applicant has been a nonresident; problems related to the
sale of a home or in the purchase of a home within Union City; financial
problems concerning existing leases; difficulties in locating suitable
quarters or facilities within Union City; completion of school terms
of the applicant's children; financial hardships; and such other
matters that may create an undue burden on the applicant's family
if an extension of time is not granted.
A.
Where the appointing authority shall determine that there cannot
be recruited a sufficient number of qualified residents for available
specific positions or employments, the appointing authority may, in
its discretion, hire nonresidents for such positions or employments;
with applicants to be classified in the following manner in accordance
with N.J.S.A. 40A:9-1.6:
B.
Within each classification, duly qualified applicants who are veterans
shall be accorded all such veterans' preferences as are provided
by law.
C.
The classifications as set forth in this section shall apply only
to initial appointments and not to promotional appointments of persons
who are already employed by the City.
D.
When the necessity arises to invoke this section, the hiring authority
shall first appoint all those in Class I 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 of 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.
A.
Where the appointing authority shall determine that there cannot
be recruited a sufficient number of qualified residents for available
specific positions or employments, the appointing authority may, in
its discretion, hire nonresidents for such positions or employments;
with applicants to be classified in the following manner in accordance
with N.J.S.A. 40A:14-123.1a:
B.
Within each classification, duly qualified applicants who are veterans
shall be accorded all such veterans' preferences as are provided
by law.
C.
The classifications as set forth in this section shall apply only
to initial appointments and not to promotional appointments of persons
who are already employed by the City.
D.
When the necessity arises to invoke this section, the hiring authority
shall first appoint all those in Class I 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 of 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.
Any requirements concerning eligibility, appointment or promotion
contained in any ordinance or resolution adopted pursuant to this
chapter shall be subject to any order issued by any court, or by any
state or federal agency pursuant to law, with respect to a requirement
of action to eliminate discrimination in employment based upon race,
creed, color, national origin, ancestry, marital status or sex.
