[HISTORY: Adopted by the Essex County Board of Chosen Freeholders 4-24-1996 by Ord. No. O-1996-00003. Amendments noted where applicable.]
Unless otherwise provided by law, all officers and employees hired by the County of Essex after the effective date of this chapter shall be bona fide residents of the County of Essex.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- BONA FIDE RESIDENT
- A person having a permanent domicile within the County of Essex, and one which has not been adopted with the intention of again taking up or claiming a previous residence acquired outside the boundaries of the County of Essex.
All applicants for positions and employments in the classified service of the County of Essex shall be bona fide residents of the County at the time of the closing date following the announcement of examination by the Civil Service Commission; provided, however, that if the Commission, after ample advertisement, determines that an insufficient number of qualified residents exists for available positions or employments in the County of Essex, it may open eligibility lists for positions and employments to qualified nonresidents.
The County of Essex shall give preference in promotion to officers and employees who are bona fide residents of the County. When promotions are based upon merit, as determined by suitable promotion tests or other objective criteria, a resident shall be given preference over a nonresident in any instance when all other measurable criteria are equal; provided, further, however, any officer or employee promoted to a supervisory unclassified capacity who, at the time of passage of this chapter, was not a bona fide resident of the County of Essex shall be required as a condition of said promotion to establish a bona fide residence in the County within six months from the date of said promotion. The preference granted by this section shall in no way diminish, reduce or affect the preference granted pursuant to any other provisions of the law.
The responsibility and duty to enforce this chapter shall be with the County Supervisor or County Executive, or his/her designee, as the case may be. The failure of any employee hired after the effective date of this chapter to maintain a bona fide residence in the County of Essex shall be cause for removal or discharge from service. In the event such employee fails to maintain a bona fide residence in the County, the enforcing authority shall notify said employee that failure again to take up bona fide residency in the County, within six months of such notification, will result in removal or discharge from service. Such employee removed or discharged shall have the right to such appeals as are available pursuant to law.
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 shall advertise for other qualified applicants. The hiring authority shall thereupon classify all qualified applicants for such positions or employments in the following manner:
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 employee hired pursuant to this section shall be required, as a condition of continued employment, to establish a bona fide residence in the County.
Where the hiring authority shall determine that there are certain specific positions or employments requiring special talents or skills which are necessary for the operations of the County and which are not likely to be found among residents of the County, such positions or employments so determined shall be filled without reference to residency.
The Essex County Board of Chosen Freeholders hereby urges the County Executive and the Director of Personnel to enforce this chapter and ensure that henceforth each and every employee of the County of Essex shall be a bona fide Essex County resident.
A copy of this chapter shall be forwarded to all of the autonomous agencies of the County of Essex to indicate the intent of this Board.
A copy of this chapter shall be served upon the Secretary of the Civil Service Commission.