[HISTORY: Adopted by the Board of Commissioners of the Town of West New York as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Civil service — See Ch. 13.
Fire Department — See Ch. 42.
Officers and employees — See Ch. 69.
Personnel — See Ch. 76.
Police Department — See Ch. 80.
[Adopted 2-18-2009 by Ord. No. 2/09[1]]
[1]
Editor’s Note: This ordinance also repealed former Art. I, General Requirements, adopted 8-15-1979 by Ord. No. 1353, as amended.
WHEREAS, the Town of West New York through Ordinance No. 1353, in adopting Ordinance No. 1353, recognized that it is in the vital policy interest of the Town of West New York to promote the employment of its residents in the Town; and
WHEREAS, the Town of West New York, in adopting Ordinance No. 1353, recognized that the Town of West New York residency as a condition or attribute of job eligibility is amenable to the enhancement of the quality of employee performance as such would assure a greater knowledge of the Town's conditions and inculcate in the employees a feeling of greater interest and stake in the Town's welfare and progress; and
WHEREAS, the Town of West New York, in adopting Ordinance No. 1353, recognized that required residency tends to diminish absenteeism and tardiness among municipal personnel and promote more efficient service by employees; and
WHEREAS, the Town of West New York, in adopting Ordinance No. 1353, recognized a residency requirement as a condition for municipal employment in this Town among the members of the general class of employees will result in greater economic benefits to the Town flowing from local expenditure of employees' salaries; and
WHEREAS, the Legislature of the State of New Jersey in its various enactments has not occupied the field of legislation in regard hereto, nor intended any interference with the right of the municipality to regulate the residence of its officers and employees except those specifically exempted by statute in N.J.S.A. 40A:14-9.1, 40A: 14-122.1 and 40A:9-1.3 et seq.; and
WHEREAS, since the enactment of Ordinance No. 1353, approximately 35 years ago, the enforcement of that Ordinance No. 1353 has not been enforced by the Town, for various and myriad reasons, which has led to an actual workforce comprised of residents and nonresidents; and
WHEREAS, given the current economic and fiscal climate, it is the further opinion of the Town that future enforcement of a residency ordinance would be beneficial to the interest of the Town, for all of the reasons expressed by the Town in the adoption of Ordinance No. 1353 in 1979; and
WHEREAS, given the current economic and fiscal climate, it is the opinion of the Town that enforcement of Ordinance 1353, given its history of nonenforcement, would be detrimental to the interests of those current employees of the Town who, despite their nonresidence, have and are continuing to provide valuable services to the Town:
Ordinance No. 1353 (and Ordinance Nos. 1937, 23/94 and 127/94 to the extent that they serve to amend Ordinance No. 1353) are hereby repealed, effective immediately, and such repeal shall have retroactive effect.
No current Town employee's employment shall be affected by the fact of nonresidence at the time that this article is finally adopted, employees currently not residing in Town at the time of final adoption of this article expressly being grandfathered hereunder. However, the Town reserves all other rights it may have in regards to such employees' continued employment, except for any claims the Town may have against such continued employment on the grounds of an employee's residency at the time of the final adoption of this article, except as otherwise set out herein.
This article shall hereafter be known and cited as the "2009 Residency Requirement Ordinance."
A bona fide "resident" is defined as any person having a permanent domicile within the Town of West New York and one which has not been adopted with the intention of again taking up or claiming a residence acquired outside of the Town limits.
A. 
The provisions of this article shall apply to all municipal officers and employees not otherwise exempt from residency requirements by N.J.S.A. 40A:9-1.3 et seq., 40A:14-9.1 and 40A:14-122.1 and also shall not apply to persons rendering special, unique or professional services to the Town of West New York, including but not limited to doctors, architects, nurses, scientific or chemical analysts, attorneys, accountants, auditors and planners, Municipal Clerk, Deputy Municipal 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 the Municipal Administrator.
B. 
Wherever possible, autonomous or semiautonomous municipal agencies or authorities of the Town of West New York shall adhere to the residency policy set forth in this article when hiring employees, agents or servants.
C. 
With respect to the positions of fire fighter, police officer and civilian dispatcher and candidates for these positions, residency, for purposes of consideration of appointment to the employ of the Town and inclusion on any Department of Personnel employment eligibility list for the Town, 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 Town. Residency within the Town of West New York shall be a continuing condition of employment for the position of civilian dispatcher.
A. 
All officers and employees hereafter employed by the Town of West New York are hereby required, as a continuing condition of their employment, to have their place of abode in the Town and to be a bona fide resident therein, except as otherwise provided by law.
B. 
Any current officer or employee who transfers residence from their bona fide residence at the time of the Final Adoption of this article shall, as a continuing condition of their employment, be required to relocate so as to have their place of abode in the Town and to be a bona fide resident therein, except as otherwise provided by law.
A. 
Failure of any employee to maintain residency in the Town, when required to do so under the terms of this article, shall be cause for removal or discharge from service.
B. 
Investigations of residence authorized. The Mayor and Commissioners of the Town of West New York, or a duly appointed agent, is 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.
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 Town of West New York. 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 Town of West New York, 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.
All nonresidents subsequently appointed to positions or employments shall become bona fide residents of the Town within one year of their appointment.
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 article 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 West New York 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 West New York; financial problems concerning existing leases; difficulties in locating suitable quarters or facilities within West New York; 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 in the following manner:
(1) 
Class 1: Other residents of Hudson County.
(2) 
Class 2: Other residents of counties contiguous to Hudson County.
(3) 
Class 3: Other residents of the state.
(4) 
Class 4: All other applicants.
B. 
When the necessity arises to invoke this section, the hiring authority shall first appoint all those in Class 1 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.
Hereinafter, the Town shall give preference in promotion to officers and employees who are bona fide residents of Town. 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 by this section shall in no way diminish, reduce, or affect the preference granted pursuant to any other provision of law.
Any requirements concerning eligibility, appointment or promotion contained in any ordinance or resolution adopted pursuant to this act 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, except that any requirement contained in any such ordinance or resolution pursuant to the provisions of § 90-7 of this article shall continue to apply notwithstanding any such order.
[Adopted 2-7-1996 by Ord. No. 3/96]
WHEREAS Civil Service rules, regulations and the laws of the State of New Jersey allow the municipality to classify eligible candidates for its Police and Fire Departments according to residency, and
WHEREAS it would be in the best interest of the Town of West New York to have as many local residents as possible to be on its Police and Fire Departments, since it would promote better standard of public safety.
Now, therefore, be it ordained by the Mayor and Board of Commissioners of the Town of West New York that:
A. 
Before any person shall be appointed as a member of the paid Fire Department or of the Police Department, the Commissioner of Public Safety shall classify all the duly qualified applicants for the position or positions to be filled in the following classes:
(1) 
Class I: residents of the Town of West New York.
(2) 
Class II: residents of Hudson County.
(3) 
Class III: other residents of the state.
(4) 
Class IV: all other qualified residents.
B. 
Within each such classification, duly qualified applicants who are veterans shall be accorded all such veterans preferences as are provided by law. Persons discharged from the service within six months prior to making application to such municipality, who fulfill the requirements of N.J.S.A. 40A:14-10.1 and who thereby are entitled to appointment notwithstanding their failure to meet the New Jersey residency requirement at the time of their initial application, shall be placed in Class III.
In making such appointments, the Commissioner of Public Safety 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 vacancy or vacancies remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment.
The classes of qualified applicants defined in § 90-9 shall be considered as separate and successive lists of eligibles, and the Civil Service Commission shall, when requested to certify eligibles for positions specified in this article, make such certifications from said classes separately and successively and shall certify no person from any such class until all persons in the preceding class or classes have been appointed or have declined offers of appointment.
This article shall apply only to initial appointments and no promotional appointments of persons already members of the Fire Department or Police Department.
In making temporary appointments, the Commissioner of Public Safety shall utilize the classifications set forth in § 90-9 and shall classify accordingly all duly qualified applicants for the position or positions to be temporarily filled.