‘iteadine ADR 9.7 2011 Plc Heanag_— iain PiRedng@Fasoge ¢ Date Resubmit o Coun Withdrawn. Lost, Z Anpreved ast Fol au bes Factual content certified by A f Up i ee 4 Cy homey Ze Berry, business Adninistéator ‘Councitman /woman _ _presenis he fllowing Ordinance: ORDINANCE AMENDING CHAPTER 2, ARTICLE XVI OF THE CODE OF THE CITY OF TRENTON REGARDING RESIDENCE REQUIREMENT TO ADD GRACE PERIOD AND EXEMPTIONS WHEREAS, Section 2-95 of the City Code imposes residency requirements on City of Trenton employees; WHEREAS, the waiver provisions contained in paragraphs C and D of Section 2-95 were deemed invalid pursuant to Forester v. Palmer, 401 N.J.Super. 286, 950 A2d 253 (Decided July 9, 2008); WHEREAS, the City continues to diligently work to recruit qualified candidates for employment from among City residents; WHEREAS, certain positions are of such importance to the protection of public health, safety or ‘welfare and the provision of municipal services that their continued v is detrimental; and WHEREAS, the City desires to amend Section 2-95 to inelude a grace period of new hires to establish residency and to add the exemptions authorized under N.J.S.A. 40A:9-1.6 and N.J.S.A. 40A:9-1.7, which allow for the consideration of qualified nonresident applications for positions when qualified residents cannot be recruited, NOW, THEREFORE, IT IS ORDAINED, by the City Council of the City of Trenton as follows: 1, That Section 2-95 of the Code of the City of Trenton, entitled "Residence requirements; exception; waiver”, is hereby amended by adding the following as §2-95A.(4) thereof: (4) In the event that any person who is not presently a bona fide resident of the City of Trenton shall qualify for employment, then such person shall be required to establish hona fide residency within 90 days of the date of employment and shall be required to execute an affidavit stating such. The execution of said affidavit and compliance with the terms stated therein shall be a condition to employment. 2. That Section 2-95 of the Code of the City of Trenton, entitled "Residence requirements, exception; waiver", is hereby amended by deleting paragraphs C and D thereof in their entirety and replacing them with the following: C. Exemption. Notwithstanding any provision to the contrary contained herein, positions of employment may be filled by the employment of a nonresident in the following cases and subject to the following requirements:ORDINANCE (2) The hiring or appointing authority has determined that there cannot be recruited a sufficient number of qualified residents for available specific positions. The City may, in such case, reotuit from among qualified nonresident applicants and shall classify all qualified applicants for such position as follows: (a) other residents of ‘Mercer County; (b) residents of counties contiguous to Mercer County; (c) other residents of the State of New Jersey; and (d) all other applicants. The City shall first appoint all those in the first class 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 have been appointed or have declined an offer of appointment, (2) The hiring or appointing authority has determined that the position requires special talents or skills which are necessary for the operation of the City and which are not likely to be found among residents, as determined and certified by the hiring authority based on the following criteria: (a) requires specialized and qualitative.services; (b) requires expertise and. extensive experience or training; (© requires proven reputation in a particular field; (4) requires talents, skills or services which cannot be reasonably described by written specifications; (¢) requires performance of services by a person authorized by law to practice a recognized profession or a person whose practice is regulated by law; or (f) requires advanced knowledge in a field of leaming acquired by a prolonged formal course of specialized instruction and study, D. Appointed officials. The appointing authority may appoint a non-Trenton resident to a position in the event that the State statute outlining the appointment procedures for said position expressly provides that the appointee may be a non-resident, 3. The title of Section 2-95 of the City Code shall be changed fiom “Residence requirements; exception; waiver” to “Residence requirements; exception; exemptions.” 4, The City Clerk is hereby directed to publish this Ordinance as required by applicable law. 5. This Ordinance shall take effect after final passage and publication in accordance with applicable law. Adopted on frst reading ata meeting of the City Council ofthe City of Trenton, NJ on APR O 7 204 Adopted on second reading afer the public hearing on Riayar President oF Couns