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City of Trenton, NJ
Monday, July 23, 2018

Chapter 2. Administration

Article XVI. Officers and Employees

§ 2-95. Residence requirements; exception; waiver.

A. 
Required.
(1) 
All officers and employees of the City of Trenton, New Jersey, now in the employ of or hereafter to be employed by the City, are hereby required as a condition of their continued employment to have a place of abode in the City and to be bona fide residents therein. All officers, commissioners, directors and employees and regular legal representatives of all quasi-municipal boards, authorities, commissions and all other bodies which the City Council is by law empowered to create shall be bona fide residents of the City within the meaning of this section, except as otherwise specifically provided by state law or where specific creating ordinances provide for or expressly permit the appointment or employment of nonresidents or designate membership by reference to some specific qualifications or characteristic other than residency. [1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
A bona fide resident for the purpose of this section is a person having a permanent domicile within the City.
(3) 
Candidates for open competitive examinations shall meet City residency requirements by being a bona fide City resident as of the announced closing date of the examination. Continuous bona fide residency must be maintained within the City from the announced examination closing date up to and including the date of appointment. Should a candidate discontinue his/her residency prior to appointment (s)he will be subject to removal from consideration for employment.
B. 
Exceptions.
[Amended 10-2-2014 by Ord. No. 14-33]
(1) 
Present and future employees with 15 years of continuous employment shall be exempt from the residency requirement.
(2) 
In the event that any person who is not presently a bona fide resident of the City of Trenton but shall be found qualified for employment, then such person shall be required to establish bona fide residency within 90 days of the date of employment and shall be required to execute an affidavit stating such. The execution of said affidavit and compliance with the terms stated therein shall be a condition to employment.
C. 
Waiver to expand hiring class.
[Amended 10-2-2014 by Ord. No. 14-33]
(1) 
Whenever the hiring authority of the City of Trenton shall determine that there cannot be recruited a sufficient number of qualified residents for available specific positions or employments, the City of Trenton shall advertise for other qualified applicants. The City of Trenton, or the hiring authority thereof, shall thereupon classify all qualified applicants for such positions or employments so determined in the following manner:
(a) 
Other residents of the county in which the municipality is situate.
(b) 
Other residents of counties contiguous to the county in which the municipality is situate.
(c) 
Other residents of the state.
(d) 
All other applicants.
(2) 
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.
D. 
Waiver for exceptional persons. Whenever the hiring authority of the City of Trenton shall determine that there are certain specific positions and employments requiring special talents or skills which are necessary for the operations of the City of Trenton and which are not likely to be found among the residents of the City, such positions or employments so determined shall be filled without reference to residency. This provision shall be used for positions or employments for (1) officers that are subject to the advice and consent of the City Council and (2) positions requiring persons with scientific or technical licenses or certifications required by the New Jersey Department of Environmental Protection, New Jersey Division of Community Affairs or any other state governing agency.
[Amended 10-2-2014 by Ord. No. 14-33]
E. 
Cause for discharge. Failure of any officers or employees to comply with this section, except when otherwise permitted by law, shall be cause for removal or discharge from the City's service or employment.