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AN ORDINANCE AMENDING TITLE II, ADMINISTRATION, CHAPTER 2:24, PERSONNEL PRACTICES AND POLICIES, SECTION 2:24-1.2, CLASSIFICATION OF APPLICANTS FOR FIREFIGHTER OR POLICE OFFICER POSITIONS, OF THE REVISED ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, TO REQUIRE CONTINUOUS RESIDENCY IN THE CITY OF NEWARK FOR AT LEAST (2) YEARS OR PROOF OF PREVIOUS RESIDENCY IN THE CITY OF NEWARK FOR (5) YEARS PRIOR TO APPLICATION OR APPOINTMENT.
Deferred 6PSF-c 122122
Public Hearing to be held on January 5, 2023.
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WHEREAS, Section 2:24-1.2 establishes a residency requirement for all applicants for appointment to the Department of Public Safety, Division of Police and the Division of Fire in the City of Newark; and
WHEREAS, it is in the best interest of the City of Newark (the “City”) that those who serve as sworn officers of the Divisions of Police and Fire be familiar with the City and those who live and work in it; and
WHEREAS, it is therefore imperative that those who serve as sworn officers of the Divisions of Police and Fire actually live in the City before they apply to join the Divisions of Police and Fire; and
WHEREAS, the Municipal Council finds that living in the City for at least two (2) years prior to application with the Divisions of Police and Fire is sufficient time for an applicant to develop a familiarity with the City and those who live and work in it; and
WHEREAS, an applicant who can show proof of residency within the City for at least five (5) years at any time prior to application with the Divisions of Police and Fire also has familiarity with the City and may be exempt from the residency requirement; and
WHEREAS, N.J.S.A. 40:48-2 authorizes a municipality to make, amend, repeal and enforce such ordinances, regulations, rules and by-laws not contrary to the laws of this State or the United States, as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Note: Additions are shown in Bold and Underlined. Deletions are shown in Strikeouts.
Section 1. Title II, Administration, Chapter 2:24, Personnel Practices and Policies, Section 2:24-1.2, Classification of Applicants for the Department of Public Safety as a Firefighter or Police Officer Positions, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, is amended by adding the following thereto:
e. All applicants for appointment to the Division of Police or Division of Fire shall be qualified for appointment as required by law, ordinance and Civil Service rules and regulation. All applicants for appointment shall be residents of the City of Newark and must have maintained continuous residency within the City of Newark for at least two (2) years prior to from the announced closing date of the Department of Personnel examination up to and including the date of appointment. An applicant may be exempt from the residency requirement if the applicant can show proof of residency within the City of Newark for five (5) years at any time prior to application.
Section 2. Any existing ordinance, or part thereof, inconsistent with this Ordinance is hereby repealed to the extent of such inconsistency.
Section 3. If any Section, paragraph, subparagraph, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the specific Section, paragraph, subparagraph, clause or provision so adjudged and the remainder of the Ordinance shall be deemed valid and effective.
Section 4. This Ordinance shall take effect upon final passage and publications in accordance with the laws of the State of New Jersey.
STATEMENT
This Ordinance amends, Title II, Administration, Chapter 2:24, Personnel Practices and Policies, Section 2:24-1.2, Classification of Applicants the Department of Public Safety for Firefighter or Police Officer Positions, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented to require continuous residency in the City of Newark for at least two (2) years or proof of previous residency in the City of Newark for five (5) years prior to application or appointment.