Bill Text: NJ A4265 | 2014-2015 | Regular Session | Amended

New Jersey Assembly Bill 4265 (Prior Session Legislation)

Bill Title: Permits municipal, county, and regional police and fire forces to establish five-year residency requirement for police officers and firefighters; allows exceptions to requirement under certain circumstances.**

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Vetoed) 2015-11-09 - Absolute Veto, Received in the Assembly [A4265 Detail]

Download: New_Jersey-2014-A4265-Amended.html

[First Reprint]

ASSEMBLY, No. 4265

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED MARCH 2, 2015

Sponsored by:

Assemblyman JOHN F. MCKEON

District 27 (Essex and Morris)

Assemblywoman ELIANA PINTOR MARIN

District 29 (Essex)

Assemblywoman MILA M. JASEY

District 27 (Essex and Morris)

Assemblyman RALPH R. CAPUTO

District 28 (Essex)

Assemblyman THOMAS P. GIBLIN

District 34 (Essex and Passaic)

Assemblywoman CLEOPATRA G. TUCKER

District 28 (Essex)

Assemblywoman L. GRACE SPENCER

District 29 (Essex)

Assemblywoman SHEILA Y. OLIVER

District 34 (Essex and Passaic)

SYNOPSIS

Permits municipality to establish five-year residency requirement for police officers and firefighters; allows exceptions to such residency requirement under certain circumstances.

CURRENT VERSION OF TEXT

As reported by the Assembly Judiciary Committee on March 19, 2015, with amendments.

An Act concerning five-year residency requirement for police officers and firefighters and amending 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 municipality 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 unless the person agrees to remain a resident of the municipality for the first five years of his employment. In any municipality that adopts an ordinance pursuant to this subsection, the applicant shall have six months from the date of employment to begin residing in the municipality. ¹A municipality that adopts an ordinance pursuant to this subsection may provide an exception to the residency requirement for any member of the fire department who suffers injury, or a threat of injury, to his person, family, or property, committed by another who acts with purpose to: (1) intimidate the member because of his status as a member; (2) manipulate an investigation; or (3) otherwise influence the member to violate his official duty.¹

(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] that operates under the provisions of Title [11 (Civil Service)] 11A, Civil Service, of the [Revised] New Jersey Statutes [is operative] , other than a municipality which has adopted an ordinance pursuant to subsection b. of section 1 of ¹[P.L. , c. ] P.L.1972, c.3¹ (C.40A:14-9.1) ¹[(pending before the Legislature as this bill)]¹, 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 11 of P.L.1972, c.3 (C.40A:14-122.1) is amended to read as follows:

11. [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 police 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 municipality may adopt an ordinance prohibiting an applicant from obtaining employment with the municipal police department or force unless the person agrees to remain a resident of the municipality for the first five years of his employment. In any municipality that adopts an ordinance pursuant to this subsection, the applicant shall have six months from the date of employment to begin residing in the municipality.¹A municipality that adopts an ordinance pursuant to this subsection may provide an exception to the residency requirement for any member of the police department who suffers injury, or a threat of injury, to his person, family, or property, committed by another who acts with purpose to: (1) intimidate the officer because of his status as an officer; (2) manipulate an investigation; or (3) otherwise influence the officer to violate his official duty.¹

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

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

12. In any municipality [wherein] that operates under the provisions of Title [11 (Civil Service)] 11A, Civil Service, of the [Revised] New Jersey Statutes [is operative] , other than a municipality which has adopted an ordinance pursuant to subsection b. of section ¹[3] 11¹ of ¹[P.L. , c. ] P.L.1972, c.3¹ (C.40A:14-122.1) ¹[(pending before the Legislature as this bill)]¹, 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].