[HISTORY: Adopted by the City Council of the City of Atlantic City as indicated in article histories. Amendments noted where applicable.]
Article I General Provisions
Article II Appointments to Fire and Police Departments
[Adopted 1-9-1985 by Ord. No. 77-1984]
As used in this chapter, the following terms shall have the meanings indicated:
[Amended 10-9-1991 by Ord. No. 74-1991; 8-11-2004 by Ord. No. 75-2004]
All officers, employees, including but not limited to Directors of the City of Atlantic City, appointed to positions or hired for employment by the City of Atlantic City, subsequent to the effective date of this chapter, are required, subject to the provisions of N.J.S.A. 40A:9-1.1 et seq., to be bona fide residents of the City of Atlantic City except as otherwise provided by law. Notwithstanding the above, all persons previously employed as lifeguards of the City of Atlantic City Beach Patrol shall not be affected so long as their initial seasonal employment remains uninterrupted.
As proof of residence, any person seeking appointment to a nonexempt position of employment with the City of Atlantic City shall submit an affidavit to the supervisor of the City department or division to which the prospective employee is to be assigned. Said affidavit, the primary purpose of which is to establish the affiant's place of residence, shall set forth the affiant's name, social security number and place of residence at the time the affidavit is made. For this purpose, a standard form of affidavit shall be made available to all City departments by the City Clerk. All such original executed affidavits shall be filed in the office of the Division of Personnel. As further proof of residence, in addition to said affidavit, each such prospective or proposed employee shall submit an original residential lease or fully executed certified copy of a mortgage and deed for his or her place of residence, along with two different forms of proof of residence from among the following categories: driver's license, utility bill (not more than one month old), current voter registration card or paid rent receipt (not more than one month old). Applicants who reside with a parent or parents who are residents shall submit an affidavit, signed by the resident parents, stating that the applicant resides full time at the local residence, along with an original residential lease or fully executed certified copy of the mortgage and deed for the local residence in which the applicant resides with such parent or parents. The appropriate department or division supervisor shall review the affidavits and other proofs submitted by employees who are or will be under his or her supervision to determine the accuracy of the same. Any inaccuracies or information tending to show that an employee does not live in the City of Atlantic City shall be immediately reported to the appropriate department director. The department director shall immediately investigate to determine the residence of any questionable employee.
The requirement that an affidavit and other proof of residence be submitted shall also apply to any City employee appointed as a permanent employee after September 30, 1982, pursuant to civil service regulations. At least every 12 months, but more often if necessary to enforce the requirements of this article, any City employee who is not exempt from this article may be required to execute a new affidavit and other proofs as required in Subsection A. Any employee who was not a resident of the City of Atlantic City at the time of his or her appointment shall be reviewed by his or her supervisor within one year of appointment to determine whether such employee has become a resident of the City of Atlantic City.
No appointment or employment of a nonresident shall be made except pursuant to N.J.S.A. 40A:9-1.4 and §§ 56-5 and 56-6 of this chapter. All boards, commissions, authorities and committees established by law or ordinance shall be composed solely of residents of the city, and each Ward shall be represented pursuant to Ordinance No. 45 of 1983, Ordinance No. 25 of 1982 and N.J.S.A. 40:44.16. This shall not restrict membership of nonresidents on advisory boards, commissions or task forces. Any and all nonresidents appointed to positions or employed after September 30, 1982, shall become bona fide residents of the City within one year of their appointment or employment, except as otherwise provided in § 56-6 herein.
[Amended 6-19-1985 by Ord. No. 38-1985]
Any person not otherwise exempted who is appointed to a position, employed or continued to be employed subsequent to September 30, 1982, shall remain a bona fide resident of the City while employed, and any person not otherwise exempted who is hereinafter appointed to a position or employed by the City shall remain a bona fide resident of the City while employed, and failure to maintain said residency shall be cause for removal or discharge from service. In the event that such employee does not maintain bona fide residency, the hiring authority 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 specified in such notice, but any employee so removed or discharged shall have the right to such appeals as are available pursuant to law. Those officers and employees appointed to positions of employment or hired for employment by the City prior to September 30, 1982, and who have continued to be employed subsequent to September 30, 1982, and who did not have permanent domiciles within the City of Atlantic City at the time they obtained their positions or who changed their permanent domiciles outside of the City prior to June 30, 1984, shall be exempt from the requirements of §§ 56-2, 56-4 and 56-8 of this chapter, provided that they have not reestablished permanent domiciles within the City of Atlantic City. If such employees, whether appointed or hired, have reestablished their domiciles within the city, then they shall be subject to all of the provisions of the within chapter. The office of any person appointed to a board, commission, authority or committee who falls to maintain a bona fide residency within the City of Atlantic City and of the ward from which appointed shall be deemed vacant pursuant to N.J.S.A. 40A:9-12.1f without regard to any notice requirement or appeal procedures.
Any person appointed to a board, commission, authority or committee who has been forced to move due to a natural disaster such as fire or flood, governmental intervention such as eminent domain or any other unforeseen circumstances, who intends to return to the ward from which the person was appointed, shall be given 36 months to return to the ward from which he was appointed. Thereafter, the position shall be deemed vacant pursuant to N.J.S.A. 40A:9-12.1f.
[Added 5-24-2000 by Ord. No. 31-2000]
A person who has been appointed to a board, commission, authority or committee, who has been forced to leave the ward form which they were appointed and is unable to return to the ward within 36 months, shall be permitted to make an appeal to City Council at a duly scheduled meeting requesting an extension of time to move back to the ward from which the person was appointed. If Council finds good cause, the time within which the person has to return to the ward from which they were appointed may be extended up to an additional 12 months.
[Added 5-24-2000 by Ord. No. 31-2000]
The aforementioned provision shall not apply to employees hired after the adoption of this amended article which shall be subject to the provisions of § 56-2 except as where otherwise exempted by law.
[Amended 10-9-1991 by Ord. No. 74-1991]
The only exception to the requirements of this article shall be those situations in which a qualified resident cannot be found to fill a position or job title. Prior to making a determination that no qualified residents are available, the position or job title shall have been advertised at least three times in the Press of Atlantic City, The Philadelphia Inquirer and the Newark Star Ledger. Said advertisement shall set forth the job title and a brief description of the duties and general qualifications for the job, the salary range and shall state that a civil service examination is required, if appropriate. Said advertisement shall also set forth that preference will first be given to Atlantic City residents, then to nonresidents willing to move into the City within one year. Nonresidents who are not willing to move into Atlantic City will only be considered in accordance with § 56-5B herein, if no qualified applicants in the aforementioned categories have applied.
In the event that the City Administration shall determine that a sufficient number of qualified residents for available positions of employment cannot be recruited, the City shall seek other qualified applicants, after submitting written documentation demonstrating such. All such nonresidents qualifying as applicants for such other positions of employment shall be classified in the following manner:
[Amended 8-11-2004 by Ord. No. 75-2004]
Other residents of Atlantic County.
Other residents of counties contiguous to Atlantic County.
Other residents of the state.
All other applicants.
The hiring authority shall first appoint all those in Subsection B(1) and then those in each succeeding subsection, in the order above listed, and shall appoint a person or persons in any such class only to a position or positions, employment or employments remaining after all qualified applicants in the preceding subsection or subsections, have been appointed or have declined an offer of employment. 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. All nonresidents appointed or employed pursuant to this section shall become bona fide residents of the City within one year of their employment or employments as provided in § 56-3 herein.
At the first meeting of the City Council in June and December of each year, the City Administration, through the Business Administrator, shall submit a written report to the City Council. Said report shall set forth the name, title, place of residence and date of execution of the most recent residency affidavit for all City employees.
Editor's Note: Former § 56-6, Special talent positions, amended 11-1-1989, was repealed 10-9-1991 by Ord. No. 74-1991.
Preference in promotion shall be given to officers and employees who are bona fide residents of the City 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. The preference granted herein shall in no way diminish, reduce or affect the preference granted by any other provision of law.
Failure of any officer or employee of the City of Atlantic City who is not expressly exempt and excluded by statute or otherwise from a residency requirement as a condition of employment to comply with this chapter shall be deemed a sufficient cause for removal or discharge from the service of said city, subject to said employee's right to appeal in accordance with law.
[Adopted 8-19-1987 by Ord. No. 70-1987]
[Amended 8-8-2007 by Ord. No. 53-2007]
All initial appointments to the City Fire and Police Departments at the time of appointment shall first go to those applicants who are, at the time of their appointment, residents of the City of Atlantic City as provided pursuant to N.J.S.A. 40A:14-10.1a and N.J.S.A. 40A:14-123.1a.
All applicants who apply for appointment to the City Fire and Police Departments must be residents of the City of Atlantic City for four years prior to making application for either department.
Editor's Note: This ordinance was vetoed by the Acting Mayor 7-27-2007, which veto was subsequently overridden by the City Council 8-8-2007. This ordinance consequently became effective 8-28-2007.
The Mayor or his designated representative(s) shall conduct a formal background investigation of each applicant for any initial appointment to the Fire or Police Department of the City to verify that the applicant meets the statutory qualifications for such position and shall also verify that those applicants claiming to be residents of the City of Atlantic City are in fact residents and continue to be residents at the time of their appointment.
The background information required herein, regarding residency shall be filed with the Department of Personnel. If the information contained with the applicant's record is not verified by the Mayor or his designated representative, the application shall be considered as null and void.
All applicants for initial appointment to a position in the Fire or Police Department of the City shall have a continuing duty and obligation until after their appointment to advise the City of Atlantic City of any change in their domicile or residence.
In verifying the residence of the applicants claiming to be residents of the City of Atlantic City, in addition to any physical verification of residence, the Mayor or his designated representative(s) shall require such applicants to provide records which shall include but not be limited to the following, and said records shall be supplied at the time of application and at the time just prior to their scheduled appointment:
Marital status; if married or separated, the addresses of the applicant's spouse and children and the name and address of the schools attended by the applicant's children.
Where the applicant is registered to vote.
Copies of federal and state tax returns filed in the two years prior to application and/or date of scheduled appointment to the Fire or Police Department.
Current driver's license.
If a homeowner, a certified copy of the deed to the residence as well as paid tax receipts.
If a tenant, a copy of the lease and/or paid receipts for rent along with the name and address of the applicant's landlord.
Any applicant for initial appointment to the Police or Fire Department who, at the time of scheduled appointment, is not a resident of the City of Atlantic City shall not be afforded the preferential status and consideration as provided for N.J.S.A. 40A:14-10.la and N.J.S.A. 40A:14-123.la.
If, in the course of the investigation by the Mayor or his designated representative(s) to verify residency, it is discovered that any applicant has purposely and/or knowingly (as those terms are defined in the New Jersey Code of Criminal Justice, N.J.S.A. 2C1-1 et seq.) provided false or misleading information in order to obtain preferential treatment as a resident of the city, the Mayor or his designated representative(s) shall seek the prosecution of the offender under any applicable provisions of the New Jersey Code of Criminal Justice, any general law and/or this article; provided, however, that where the false or misleading information or action of the applicant is an offense under the New Jersey Election Laws, Title 19, N.J.S.A. 19:1-1 et seq., the Mayor shall cause a complaint to be filed with the County Prosecutor and shall direct the Municipal Solicitor or his designee to serve as associate counsel to the County Prosecutor as provided pursuant to N.J.S.A. 19:34-63.
If the Mayor shall fail and refuse to file the complaint with the County Prosecutor's Office as required herein, City Council shall be authorized to issue a complaint against the Mayor pursuant to N.J.S.A. 2C:30-1.
[Amended 11-25-2008 by Ord. No. 104]
Any person who violates this article, in addition to any other penalty provided for herein, shall be subject to a fine not less than $100 nor more than $2000 and/or up to 90 days' incarceration. In addition thereto, the City shall retain its right to pursue any civil remedy it may have, including the termination of any municipal employee found to have violated this article.