A324

ASSEMBLY, No. 324

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman PASCRELL

An Act authorizing municipalities to adopt ordinances requiring new police officers and fire fighters to be residents of the municipality, supplementing chapter 14 of Title 40A of the New Jersey Statutes and repealing parts of P.L.1972, c.3.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The governing body of a municipality may adopt a police officer residency ordinance requiring any person appointed as a member of its police department and force on or after the effective date of the ordinance to be, or to become pursuant to section 3 of P.L. , c.; (C. ) (pending before the Legislature as this bill), a bona fide resident of the municipality. A "bona fide resident" for the purposes of sections 1 through 4 of this act means a person having within the municipality a permanent domicile that has not been adopted with the intention of taking up or claiming a residence outside the municipality's borders. Any municipality in which the provisions of Title 11A, Civil Service, of the New Jersey Statutes are operative shall transmit a copy of its police officer residency ordinance to the Department of Personnel.

2. The governing body of a municipality that has adopted the provisions of Title 11A, Civil Service, of the New Jersey Statutes and that has also adopted a police officer residency ordinance pursuant to the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) may limit in that ordinance the eligibility of applicants for the position of member of the police department and force to residents of that municipality. The governing body of such a municipality shall inform the Department of Personnel that the residency requirement shall be met at the closing date for the examination rather than at the actual employment date.

3. The governing body of a municipality that has adopted a police officer residency ordinance pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) may require in that ordinance that all nonresidents appointed to the position of member of the police department and force on or after the effective date of that ordinance become bona fide residents of the municipality within one year of their appointment.

It shall be the duty of the governing body to ensure that all members hired on or after the effective date the residency ordinance become or remain bona fide residents of the municipality in which they are employed. The ordinance may provide that failure of any such member to become a bona fide resident or maintain residency in the municipality shall be cause for removal from the police department and force. The ordinance may provide that in the event a member does not become a bona fide resident within the time specified or does not maintain bona fide residency, the governing body shall notify the member that failure to comply with the residency requirement within six months of the notification will result in removal from the police department and force. The removal shall take effect on the date specified in the notice, but any employee so removed shall have the right to the appeals that are available pursuant to law.

4. a. A police officer residency ordinance adopted pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) may provide that whenever the governing body determines that a sufficient number of qualified residents cannot be recruited for available specific positions on the police department and force, the governing body shall advertise for other qualified applicants. The governing body shall thereupon classify all qualified applicants for the positions so determined according to the following preference schedule:

(1) Other residents of the county in which the municipality is located.

(2) Other residents of counties contiguous to the county in which the municipality is located.

(3) Other residents of the State.

(4) All other applicants.

b. The preference established by this section shall in no way diminish, reduce or affect the preferences granted pursuant to any other provisions of law. Persons qualified for appointment pursuant to N.J.S.40A:14-123.1 shall be placed in class (3).

c. The governing body 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 in any such class only to a position remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment.

d. Upon notice by the governing body of any municipality in which Title 11A, Civil Service, of the New Jersey Statutes is operative that this preference schedule shall be applicable for any specific position, the Merit System Board shall classify all applicants for the position accordingly. In any such municipality the classes of qualified applicants defined in this section shall be considered as separate and successive lists of eligibles, and the Merit System Board shall make certifications from the classes separately and successively, and shall certify no persons from any class until all persons in the preceding class or classes have been appointed or have declined offers of appointment.

e. A governing body that has recruited and hired members of the police department and force under the provisions of this section shall require such officers and employees, as a condition of their continued employment, to become bona fide residents of the municipality, pursuant to the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) and shall specify this condition at the time of appointment.

5. The governing body of a municipality may adopt a fire fighter residency ordinance requiring any person appointed as a member of its paid fire department and force or as a paid member of its part-paid fire department and force on or after the effective date of the ordinance to be, or to become pursuant to section 7 of P.L. , c . (C. ) (pending before the Legislature as this bill), a bona fide resident of the municipality. A "bona fide resident" for the purposes of sections 5 through 8 of this act means a person having within the municipality a permanent domicile that has not been adopted with the intention of taking up or claiming a residence outside the municipality's borders. Any municipality in which the provisions of Title 11A, Civil Service, of the New Jersey Statutes are operative shall transmit a copy of its fire fighter residency ordinance to the Department of Personnel.

6. The governing body of a municipality that has adopted the provisions of Title 11A, Civil Service, of the New Jersey Statutes and that has also adopted a fire fighter residency ordinance pursuant to the provisions of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) may limit in that ordinance the eligibility of applicants for the position of member of the fire department and force or paid member of the part-paid fire department and force to residents of that municipality. The governing body of such a municipality shall inform the Department of Personnel that the residency requirement shall be met at the closing date for the examination rather than at the actual employment date.

7. The governing body of a municipality that has adopted a fire fighter residency ordinance pursuant to the provisions of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) may require in that ordinance that any nonresident appointed to the position of member of the fire department and force or paid member of the part-paid fire department and force on or after the effective date of that ordinance become a bona fide resident of the municipality within one year of the appointment.

It shall be the duty of the governing body to ensure that all members hired on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) become or remain bona fide residents of the municipality in which they are employed. The ordinance may provide that failure of any such member to become a bona fide resident or maintain residency in the municipality shall be cause for removal from the department and force. The ordinance may provide that in the event a member does not become a bona fide resident within the time specified or does not maintain bona fide residency, the governing body shall notify the member that failure to comply with the residency requirement within six months of the notification will result in removal from the department and force. The removal shall take effect on the date specified in the notice, but any employee so removed shall have the right to the appeals that are available pursuant to law.

8. a. A fire fighter residency ordinance adopted pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) may provide that whenever the governing body determines that a sufficient number of qualified residents cannot be recruited for available specific positions on the fire department and force or part-paid fire department and force, the governing body shall advertise for other qualified applicants. The governing body shall thereupon classify all qualified applicants for the positions so determined according to the following preference schedule:

(1) Other residents of the county in which the municipality is located.

(2) Other residents of counties contiguous to the county in which the municipality is located.

(3) Other residents of the State.

(4) All other applicants.

e. A governing body that has recruited and hired members of the fire department and force or paid members of the part-paid fire department and force under the provisions of this section shall require such members, as a condition of their continued employment, to become bona fide residents of the municipality, pursuant to the provisions of section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill) and shall specify this condition at the time of appointment.

9. Sections 1, 2, 11 and 12 of P.L.1972, c.3 (C.40A:14-9.1, C.40A:14-9.2, C.40A:14-122.1 and C.40A:14-122.2) are repealed.

10. This act shall take effect on the first day of the seventh month after enactment.

STATEMENT

This bill authorizes municipal governing bodies to adopt ordinances requiring that members of the municipal police department or members of the municipal fire department or paid members of the municipal part-paid fire department be, or become within a year of hiring, residents of the municipality. Municipalities that have adopted the provisions of Title 11A, Civil Service, of the New Jersey Statutes may limit the eligibility of applicants for these positions to residents of the municipality.

The bill permits municipalities that adopt police officer or fire fighter residency ordinances to require that all nonresidents appointed as members of the police department, members of the fire department or paid members of the part-paid fire department become residents of the municipality within one year of their appointment. It also permits municipalities to discharge any member who does not comply with requirements to maintain residency or become a municipal resident.

Under the bill, a municipal ordinance requiring municipal residence as a condition of employment or continued employment for police officers and fire fighters is also authorized to provide for the appointment of nonresidents when the municipal governing body determines that a sufficient number of qualified residents cannot be recruited for specific available positions. The appointment of nonresidents would follow a schedule giving preference to applicants based on where they live, and nonresident appointees would be required to become municipal residents within one year of their appointment.

This bill repeals certain statutes that prohibit residency requirements for police officers and fire fighters.

Authorizes municipal ordinances requiring municipal residency for newly hired police officers and fire fighters.