[Adopted as Ch. 17, Art. VIII, of the 1973 Code; amended
in its entirety 3-11-1987 by Ord. No. 87:06]
[Amended 5-11-1994 by Ord. No. 94:05]
All officers, employees or appointees to any board, department
or position within the Borough of Somerdale or hereafter to be employed
by the Borough of Somerdale, other than those having a statutory exemption,
are hereby required, as a condition of their employment or of their
continued employment, to reside in the Borough of Somerdale and be
bona fide residents therein. For the purpose of this section, a "bona
fide resident" is a person having a permanent domicile within the
Borough and one which has not been adopted with the intention of again
taking up or claiming a previous residence outside of the Borough.
For the purpose of this section, a "condition of their employment"
means that residency shall be met not only by the announced closing
date of any examination for such position but shall also be continuously
maintained from said closing date up to and including the date of
appointment. Likewise, again for the purpose of this section, a "condition
of their continued employed" means that residency shall be continuously
maintained after the date of appointment so long as said position
is filled by an officer, employee or appointee.
The Mayor and Council of the Borough of Somerdale is hereby authorized to hire, employ or appoint nonresidents to any position on any board or department within the Borough of Somerdale if and only if the position is unable to be filled by a resident in accordance with § 41-1 above. Nonresidents may only be hired, employed or appointed if, after-proper advertising, posting or other adequate notice of such a vacancy, the position remains vacant nonetheless and there are no residents willing or able to fulfill it.
A.
The Mayor and Council of the Borough of Somerdale is hereby authorized to investigate into the residence of any officer, employee or appointee to any position and to require officers, employees or appointees to produce proof of bona fide residency in availing themselves of the priority accorded in § 41-1 above.
B.
If charged with not being a bona fide resident, the officer,
employee or appointee shall be given a notice of hearing, setting
forth the time and place of a hearing [at least 10 days prior], to
be held by the Mayor and Council.
C.
Failure of such officer, employee or appointee to comply with the residency requirement of § 41-1 above or to otherwise give sufficient proof, after a full hearing, that such officer, employee or appointee is in fact a bona fide resident of the Borough of Somerdale shall cause any priority granted by § 41-1 to be null and void and otherwise of no consequence, with removal or discharge from service if warranted.
