[Adopted 12-3-1981 by Ord. No. 41-81]
This article shall hereafter be known and cited
as the "Residence Requirement Ordinance."
A bona fide "resident" is defined as any person
having a permanent domicile within the Borough of Hopatcong and one
which has not been adopted with the intention of again taking up or
claiming a residence acquired outside of the town limits.
[Amended 9-1-1994 by Ord. No. 24-94]
From and after the effective date of this article,
and except as provided herein, all applicants for appointment to an
employed position within the Borough of Hopatcong shall be qualified
for appointment as required by law, ordinance and the New Jersey Department
of Personnel rules and regulations. All applicants for appointment
shall be bona fide residents of the Borough of Hopatcong and must
maintain continuous residency within the Borough of Hopatcong from
the announced closing date of the Department of Personnel examination
up to and including the date of appointment.
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:
B.
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, or 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.
C.
The hiring authority, if it has recruited and hired
officers or employees under the provisions of this section, may require
such officers or employees as a condition of their continued employment
to become bona fide residents of the Borough of Hopatcong. Such a
requirement shall be specified at the time of appointment and a reasonable
amount of time granted for such officers and employees to become bona
fide residents of the local unit, but in no event, shall it be more
than one year from the date of such appointment in accordance with
the preceding sections of this article.
Whenever the governing body shall determine
that there are certain specific positions and employments requiring
special talents or skills which are necessary for the operation of
the local unit and which are not likely to be found among the residents
of the local unit, such positions or employments so determined shall
be filled without reference to residency. Prior to such appointment,
however, the governing body shall adopt a resolution setting forth
the formal criteria pursuant to which such positions and employments
shall be so determined and setting forth the specific talents or skills
required.
The hiring authority shall give preference in
promotion to officers and employees who are bona fide residents of
the local unit. When promotions are based upon merit and determined
by suitable promotions, tests or other objective criteria, a resident
shall be given preference over a nonresident in any instance where
all other measurable criteria are equal. The preference granted by
this section shall in no way diminish, reduce or affect preference
granted pursuant to any provisions of New Jersey statutes.
All nonresidents subsequently appointed to positions
or employments after the effective date of this article shall become
bona fide residents of the local unit within one year of their appointment.
Failure of any such employee to maintain residency within the Borough
of Hopatcong shall be cause for removal or discharge. In the event
that such employee does not maintain or fails to obtain bona fide
residency, the Borough of Hopatcong shall notify said employee that
failure to again take up bona fide residency within the Borough of
Hopatcong within six months of the notification will result in removal
or discharge. 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. It shall be the duty of the hiring authority to ensure that all
employees hired after the effective date of this article remain bona
fide residents of the Borough of Hopatcong.
Notwithstanding any provision of this article
to the contrary, any office or employment of the Borough of Hopatcong
for which an exemption from the residency requirements set forth herein
is allowed by statute shall be deemed exempt from the residency requirements
of this article.
