[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Byram 10-7-1981; amended in its entirety 9-17-2007 by Ord. No. 22-2007. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 3.
Unless otherwise provided by law, all full-time officers and employees who shall hereafter be employed by the Township of Byram shall be bona fide residents of the Township. A "bona fide resident," for the purpose of this chapter, is a person having a permanent domicile within the Township and one which has not been adopted with the intention of again taking up or claiming a previous residence acquired outside the Township limits.
A. 
Whenever the appointing authority shall determine that there cannot be recruited a sufficient number of qualified residents for available full-time specific positions or employment, the Township shall advertise for other qualified applicants who shall be classified and appointed according to the following preferences:
(1) 
Residents of the County of Sussex.
(2) 
Residents of counties contiguous to the County of Sussex.
(3) 
Residents of the State of New Jersey.
(4) 
All other qualified applicants.
B. 
The appointing authority shall first appoint all those in Subsection A(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, or employment or employments, remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of employment.
A. 
Whenever the appointing authority shall determine that there are specific positions and employments requiring special talents or skills which are necessary for the operations of the Township and which are not likely to be found among the residents of the Township, such positions or employments shall be filled without reference to residency. The appointing authority shall file with the Township Clerk appropriate documentation as to the nature of the special talent or expertise required and of the efforts made to recruit persons of such special talent or expertise from within the Township.
B. 
Police officer applicants hired via intergovernmental transfer or under the provisions of N.J.S.A. 11A:4-1.3 are exempt from the Township residency preference, in accordance with § 48-2 of the Township Code.
[Added 3-1-2022 by Ord. No. 002-2022]
A. 
The appointing authority, with the consent and approval of the Township Council, may permit any officer or employee to remain in the employ of the Township without complying with the residency requirements of this chapter where:
(1) 
The health of any officer or employee necessitates residence outside of the Township limits.
(2) 
The nature of the employment is such as to require residence outside of the Township limits.
B. 
The appointing authority shall file with the Township Clerk appropriate documentation with regard to the health of the employee or the nature of the employment which necessitates residency outside of the Township limits.
The Township Manager shall report to the Township Council not less than monthly with regard to the appointment of any nonresident.
Preference shall be given in promotion to full-time officers and employees who are bona fide residents of the Township. When promotions are based on merit as determined by suitable promotion tests or other objective criteria, a bona fide resident shall be given preference over a nonresident in any instance where all other measurable criteria are equal.
This chapter is not applicable to officers and employees of the Township holding their positions prior to the date of this chapter insofar as requiring that any such officer or employee become a resident of the Township.