SENATE, No. 809

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 22, 1996

By Senator RICE

An Act concerning residency requirements for certain police officers and firefighters and amending P.L.1976, c.132 and P.L.1972, c.3.

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

    1. Section 1 of P.L.1972, c.3 (C.40A:14-9.1) is amended to read as follows:

    1. [No] a. Except as provided in subsection b. of this section no municipality shall pass any ordinance, resolution, rule, regulation, order or directive, making residency therein a condition of employment for the purpose of original appointment, continued employment, promotion, or for any other purpose for any member of a paid fire department and force or paid member of a part-paid fire department and force, and any such ordinance, resolution, rule, regulation, order or directive in existence on the effective date of this act or passed hereafter shall be void and have no force or effect.

    b. In any municipality wherein Title 11A, Civil Service, of the New Jersey Statutes is operative, the municipal governing body may, by ordinance, require that any person hired under a residency preference shall be required to continue in that residency status as a condition of employment.

(cf: P.L.1972, c.3, s.1)

    2. Section 2 of P.L.1972, c.3 (C.40A:14-9.2) is amended to read as follows:

    2. In any municipality wherein Title [11 (Civil Service)]11A, Civil Service, of the [Revised] New Jersey Statutes is operative, applicants for appointment to the paid fire department and force or as paid members of the part-paid fire department and force who are not residents of the municipality shall be eligible for appointment thereto notwithstanding the provision of any statute, law, ordinance, rule or regulation to the contrary; however, preference in hiring may be given

first to municipal residents and then to county residents.

(cf: P.L.1972, c.3, s.2)

    3. Section 1 of P.L.1976, c.132 (C.40A:14-10.1a) is amended to read as follows:

    1. a. In any municipality of this State, before any person shall be appointed as a member of the paid fire department or paid member of a part-paid fire department, the appointing authority may classify all the duly qualified applicants for the position or positions to be filled in the following classes:

    I. Residents of the municipality.

    II. Other residents of the county in which the municipality is situate.

    III. Other residents of the State.

    IV. All other qualified applicants.

    Within each such classification duly qualified applicants who are veterans shall be accorded all such veterans' preferences as are provided by law. Persons discharged from the service within 6 months prior to making application to such municipality, who fulfill the requirements of N.J.S.40A:14-10.1, and who, thereby, are entitled to appointment notwithstanding their failure to meet the New Jersey residency requirement at the time of their initial application, shall be placed in Class III.

    b. In any municipality which classifies qualified applicants pursuant to subsection a. of this section, the appointing authority shall first appoint all those in Class I 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 vacancy or vacancies remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment.

    c. In any such municipality operating under the provisions of Title [11] 11A, Civil Service, of the [Revised] New Jersey Statutes, the classes of qualified applicants defined in subsection a. of this section shall be considered as separate and successive lists of eligibles, and the Civil Service Commission shall, when requested to certify eligibles for positions specified in this section, make such certifications from said classes separately and successively, and shall certify no persons from any such class until all persons in the preceding class or classes have been appointed or have declined offers of appointment. The municipal governing body may adopt an ordinance requiring all persons appointed in Class I or Class II to maintain their residency status as a condition of employment.

    d. This section shall apply only to initial appointments and not to promotional appointments of persons already members of the fire department.

    e. In making temporary appointments such appointing authority shall utilize the classifications set forth in subsection a. of this section, and shall classify accordingly all duly qualified applicants for the position or positions to be temporarily filled.

(cf: P.L.1976, c.132, s.1)

    4. Section 11 of P.L.1972, c.3 (C.40A:14-122.1) is amended to read as follows:

    11. [No] a. Except as provided in subsection b. of this section no municipality shall pass any ordinance, resolution, rule, regulation, order or directive, making residency therein a condition of employment for the purpose of original appointment, continued employment, promotion, or for any other purpose for any member of a police department and force and any such ordinance, resolution, rule, regulation, order or directive in existence on the effective date of this act or passed hereafter shall be void and have no force or effect.

    b. In any municipality wherein Title 11A, Civil Service, of the New Jersey Statutes is operative, the municipal governing body may, by ordinance, require that any person hired under a residency preference shall be required to continue in that residency status as a condition of employment.

(cf: P.L.1972, c.3, s.11)

    5. Section 12 of P.L.1972, c.3 (C.40A:14-122.2) is amended to read as follows:

    12. In any municipality wherein Title [11 (Civil Service)]11A, Civil Service, of the [Revised] New Jersey Statutes is operative, applicants for appointment to the police department and force who are not residents of the municipality shall be eligible for appointment thereto notwithstanding the provision of any statute, law, ordinance, rule or regulation to the contrary; however, preference in hiring may be given first to municipal residents and then to county residents.

(cf: P.L.1972, c.3, s.12)

    6. Section 2 of P.L.1976, c.132 (C.40A:14-123.1a) is amended to read as follows:

    2. a. In any municipality of this State, before any person shall be appointed as a member of the police department and force, the appointing authority may classify all the duly qualified applicants for the position or positions to be filled in the following classes:

    I. Residents of the municipality.

    II. Other residents of the county in which the municipality is situate.

    III. Other residents of the State.

    IV. All other qualified applicants.

    Within each such classification duly qualified applicants who are veterans shall be accorded all such veterans' preferences as are provided by law. Persons discharged from the service within 6 months prior to making application to such municipality who fulfill the requirements of N.J.S.40A:14-123.1, and who, thereby, are entitled to appointment notwithstanding their failure to meet the New Jersey residency requirement at the time of their initial application, shall be placed in Class III.

    b. In any municipality which classifies qualified applicants pursuant to subsection a. of this section, the appointing authority shall first appoint all those in Class I 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 vacancy or vacancies remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment.

    c. In any such municipality operating under the provisions of Title [11] 11A, Civil Service, of the [Revised] New Jersey Statutes, the classes of qualified applicants defined in subsection a. of this section shall be considered as separate and successive lists of eligibles, and the Civil Service Commission shall, when requested to certify eligibles for positions specified in this section, make such certifications from said classes separately and successively, and shall certify no persons from any such class until all persons in the preceding class or classes have been appointed or have declined offers of appointment. The municipal governing body may adopt an ordinance requiring all persons appointed in Class I or Class II to maintain their residency status as a condition of employment.

    d. This section shall apply only to initial appointments and not to promotional appointments of persons already members of the police department.

    e. In making temporary appointments the appointing authority may utilize the classifications set forth in subsection a. of this section, and shall classify accordingly all duly qualified applicants for the positions to be temporarily filled.

(cf: P.L.1976, c.132, s.2)

    7. This act shall take effect immediately but shall not be applicable to persons hired prior to the effective date.

STATEMENT

    This bill would permit a municipality which operates under Title 11A, Civil Service, of the New Jersey Statutes to adopt an ordinance giving hiring preference for police and firefighter positions first to municipal residents and then to county residents. The ordinance could also require continued residency status as a condition of employment

for any police officer or firefighter hired under a residency preference after enactment of this bill.