Union City, NJ
Hudson County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[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Editor’s Note: The ordinance adopted this date also superseded former Ch. 14, Residency Requirements, adopted 3-18-2014.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:
(1) 
Class I: Residents of Union City.
(2) 
Class II: Other residents of Hudson County.
(3) 
Class III: Other residents of the State of New Jersey.
(4) 
Class IV: All other qualified applicants.
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:
(1) 
Class I: Residents of Union City.
(2) 
Class II: Other residents of Hudson County.
(3) 
Class III: Other residents of the State of New Jersey.
(4) 
Class IV: All other qualified applicants.
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.