ASSEMBLY, No. 1363
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman STUHLTRAGER
An Act concerning residency requirements for municipal and county officers and employees and amending P.L.1978, c.63.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1978, c.63 (C.40A:9-1.5) is amended to read as follows:
3. [The governing body of a local unit which has adopted a resolution or ordinance, as the case may be, pursuant to section 1 of this act shall require therein that all nonresidents subsequently appointed to positions or employments shall become bona fide residents of the local unit within 1 year of their appointment, except as otherwise provided in such ordinance or resolution pursuant to sections 4 and 5 of this act.
It shall be the duty of the hiring authority to insure that all employees hired after the effective date of this act remain bona fide residents of the local unit in which they are employed. Failure of any such employee to maintain residency in a local unit shall be cause for removal or discharge from service. In the event such employee does not maintain bona fide residency, the hiring authority shall notify said employee that failure to again take up bona fide residency in the local unit within 6 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.] Nothing in P.L.1978, c.63 (C.40A:9-1.3 et seq.), in P.L. , c. (pending before the Legislature as this bill), or in any ordinance or resolution adopted pursuant thereto shall restrict the right of an officer or employee who has been hired by a local unit from subsequently taking up residence outside the local unit.
(cf: P.L.1978, c.63, s.3)
2. Section 4 of P.L.1978, c.63 (C.40A:9-1.6) is amended to read as follows:
4. Any local unit which has adopted an ordinance or resolution, as the case may be, pursuant to section 1 of [this act] P.L.1978, c.63 (C.40A:9-1.3), shall provide therein that whenever the governing body, or appointing authority, shall determine that there cannot be recruited a sufficient number of qualified residents for available specific positions or employments, the local unit shall advertise for other qualified applicants. The local unit, or the hiring authority thereof, shall thereupon classify all other qualified applicants for such positions or employments so determined in the following manner.
a. In the case of municipalities:
(1) Other residents of the county in which the municipality is situate.
(2) Other residents of counties contiguous to the county in which the municipality is situate.
(3) Other residents of the State.
(4) All other applicants.
b. In the case of counties:
(1) Other residents of contiguous counties.
(2) Other residents of the State.
(3) All other qualified applicants.
The hiring authority shall first appoint all qualified residents. The hiring authority shall next 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 residents and other 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. [A local unit which has recruited and hired officers and employees under the provisions of this section may require such officers and employees, as a condition of their continued employment, to become bona fide residents thereof. 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.]The [Civil Service Commission] Merit System Board shall, upon any subsequent notice of the determination of the governing body or the hiring authority of any such local unit wherein [Title 11 (Civil Service) of the Revised Statutes] the "Civil Service Act," N.J.S.11A:1-1 et seq., is operative that such preference schedule shall be applicable for any specific position or employment, classify all applicants for such position or employment accordingly.
(cf: P.L.1978, c.63, s.4)
3. Section 7 of P.L.1978, c.63 (C.40A:9-1.9) is amended to read as follows:
7. The provisions of [this act] P.L.1978, c.63 (C.40A:9-1.3 et seq.) and P.L. , c. (pending before the Legislature as this bill) shall apply to all residency requirements adopted on and after the effective date of [this act] P.L.1978, c.63. Nothing herein shall be construed as to alter, abrogate, repeal or otherwise affect any residency requirement in effect in any local unit by ordinance or resolution, or rule or regulation of a local unit, on the effective date of [this act] P.L.1978, c.63; provided, however, that any amendment, modification or other change in any such residency requirement shall be subject to all the relevant provisions of [this act] P.L.1978, c.63 and P.L. , c. (pending before the Legislature as this bill).
(cf: P.L.1978, c.63. s.7)
4. This act shall take effect on the first day of the third month after enactment.
STATEMENT
This bill would permit nonresident officers and employees of local units that have adopted residency requirements pursuant to P.L.1978, c.63 (40A:9-1.3 et seq.) to reside outside of the local unit without forfeiting their jobs.
County and municipal governing bodies are authorized to adopt residency requirements for their officers and employees pursuant to P.L.1978, c.63 (C.40A:9-1.3 et seq.). Once adopted by a local unit, these requirements provide that any newly hired employee, with certain exceptions, must be a bona fide resident of the jurisdiction as a condition of employment. In cases in which hiring is open to non-residents, the governing body may give preference to residents. If a non-resident is hired, the governing body may require him or her to establish residency within one year of appointment.
In addition, the present law specifically provides that any employee subject to these residency requirements must continue to reside in the local jurisdiction. According to section 3 of P.L.1978, c.63 (C.40A:9-1.5), an employee who moves outside the local jurisdictin shall be given six months' notice to re-establish residency. If the employee fails to comply, he or she must be discharged.
This requirement of continued residency unnecessarily infringes on individual liberties. In practice it is often ignored. When enforced, it may cause considerable hardship to employees who have moved because of economic reasons or family considerations. Significantly, the residency statutes for police and fire fighters do not require continued residence.
Under this bill, local governing bodies would remain free to utilize residency as a condition of hiring. The law would be amended, however, so that local governing officers and employees would not forfeit their jobs if they subsequently move their place of residence. The bill also would eliminate the related requirement for non-residents to establish residence within one year.
In addition to these changes, the bill makes certain technical corrections to section 4 of P.L.1978, c.63 (C.40A:9-1.6) in order to make it clear that when preference schedules are established according to residence, the first preference category consists of residents of the local jurisdiction. The bill also amends section 7 of P.L.1978, c.63 (C.40A:9-1.9) to clarify that the bill's provisions apply to all residency requirements adopted on and after the effective date of P.L.1978, c.63 (C.40A:9-1.3 et seq.), which date was June 30, 1978.
Permits nonresident employee of local unit with residency requirement to reside outside local unit without loss of employment.