New Jersey-2012-S870-Introduced

An Act concerning residency requirements for police officers and firefighters in cities of the first class and amending P.L.1979, c.163 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 for 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] P.L.1972, c.3 or passed hereafter shall be void and have no force or effect.

b. A city of the first class may adopt an ordinance prohibiting an applicant from obtaining employment with the municipal paid fire department and force or obtaining a paid position in a part-paid fire department and force until the individual has been a resident of the city for one year next preceding his appointment and requiring the person to remain a city resident for the first three years of his employment. An ordinance adopted pursuant to this subsection shall be inapplicable to any person who has served on active duty in the Armed Forces of the United States and been discharged or released from such service under conditions other than dishonorable within 6 months prior to making application to the city for appointment as a member or officer of the paid fire department or force or part-paid fire department or force, may be appointed a member or officer of such paid or part-paid fire department or force if otherwise qualified notwithstanding that he was not a resident of the city for the prior year provided, at the time of making the application for appointment, said person signs a notice of intention and agreement to become a resident of the city of the first class within 6 months from the date of appointment.

(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]
has been adopted, other than a city of the first class which has adopted an ordinance pursuant to the provisions of subsection b. of section 1 of P.L. , c. (C.40A:14-9.1) (pending before the Legislature as this bill), 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.

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

3. Section 1 of P.L.1979, c.163 (C.40:69A-60.7) is amended to read as follows:

1. a. Notwithstanding the provisions of any other law to the contrary, the governing body of any city of the first class, which, prior to the effective date of this amendatory and supplementary act, had adopted the form of government designated as "Mayor-Council Plan C" provided for in article 5 of the act to which [this act] P.L.1979, c.163 is a supplement, may provide, by ordinance, that the mayor shall appoint a police chief, who shall have served as a superior police officer and possess at least 5 years' administrative and supervisory police experience, who shall serve during the term of office of the mayor appointing him, and until the appointment and qualification of his successor, and who shall serve in the unclassified service of the civil service of the city and shall receive such salary as shall be fixed by ordinance.

b. The mayor of any first class city adopting the provisions of [this supplementary act] P.L.1979, c.163 may in his discretion remove any person appointed pursuant to the provisions of this act, after notice and an opportunity to be heard. Prior to removing such person the mayor shall first file written notice of his intention to do so with the council, and such removal shall become effective on the twentieth day after the filing of such notice unless the council shall prior thereto have adopted a resolution disapproving such removal by at least a 2/3 vote of the membership of the council.

c. A city of the first class may adopt an ordinance prohibiting an applicant from obtaining employment with the municipal police department or force, paid fire department, or part-paid fire department until the individual has been a resident of the city for one year next preceding his appointment and requiring the person to remain a city resident during the first three years of his employment. An ordinance adopted pursuant to this subsection shall be inapplicable to any person who has served on active duty in the Armed Forces of the United States and been discharged or released from such service under conditions other than dishonorable within 6 months prior to making application to the city for appointment as a member or officer of the police or fire department, may be appointed a member or officer of such police department or force, paid fire department, or part-paid fire department if otherwise qualified notwithstanding that he was not a resident of the city for the prior year provided, at the time of making the application for appointment, said person signs a notice of intention and agreement to become a resident of the city of the first class within 6 months from the date of appointment.

(cf: P.L.1981, c.465, s.43)

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

11. No municipality, other than a city of the first class which has adopted an ordinance pursuant to the provisions of subsection c. of P.L.1979, c.163 (C.40:69A-60.7), 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.

(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] has been adopted, other than a city of the first class which has adopted an ordinance pursuant to the provisions of subsection c. of P.L.1979, c.163 (C.40:69A-60.7), 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.

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

6. This act shall take effect immediately.

STATEMENT

This bill provides that a city of the first class, currently Newark and Jersey City, may adopt an ordinance requiring that an applicant can only be eligible for appointment to the municipal police department, paid fire department, or part-paid fire department, if the applicant has resided in the municipality in which he seeks appointment for the past year and remains a resident of the city for the first three years of his employment. The bill provides an exception to this rule for individuals who have been discharged from active duty military service no longer than six months prior to their application for employment on the police or fire department. Upon appointment, the individual must agree to begin residing in the municipality no later than six months after the date of employment.