§ 56-4. Maintenance of residence.

Any person not otherwise exempted who is appointed to a position, employed or continued to be employed subsequent to September 30, 1982, shall remain a bona fide resident of the City while employed, and any person not otherwise exempted who is hereinafter appointed to a position or employed by the City shall remain a bona fide resident of the City while employed, and failure to maintain said residency shall be cause for removal or discharge from service. In the event that such employee does not maintain bona fide residency, the hiring authority shall notify said employee that failure to again take up bona fide residency in the City within six months of the notification will result in removal or discharge from service. Such removal or discharge shall take effect on the date specified in such notice, but any employee so removed or discharged shall have the right to such appeals as are available pursuant to law. Those officers and employees appointed to positions of employment or hired for employment by the City prior to September 30, 1982, and who have continued to be employed subsequent to September 30, 1982, and who did not have permanent domiciles within the City of Atlantic City at the time they obtained their positions or who changed their permanent domiciles outside of the City prior to June 30, 1984, shall be exempt from the requirements of §§ 56-2, 56-4 and 56-8 of this chapter, provided that they have not reestablished permanent domiciles within the City of Atlantic City. If such employees, whether appointed or hired, have reestablished their domiciles within the city, then they shall be subject to all of the provisions of the within chapter. The office of any person appointed to a board, commission, authority or committee who falls to maintain a bona fide residency within the City of Atlantic City and of the ward from which appointed shall be deemed vacant pursuant to N.J.S.A. 40A:9-12.1f without regard to any notice requirement or appeal procedures.

A. 

Any person appointed to a board, commission, authority or committee who has been forced to move due to a natural disaster such as fire or flood, governmental intervention such as eminent domain or any other unforeseen circumstances, who intends to return to the ward from which the person was appointed, shall be given 36 months to return to the ward from which he was appointed. Thereafter, the position shall be deemed vacant pursuant to N.J.S.A. 40A:9-12.1f.

[Added 5-24-2000 by Ord. No. 31-2000]

B. 

A person who has been appointed to a board, commission, authority or committee, who has been forced to leave the ward form which they were appointed and is unable to return to the ward within 36 months, shall be permitted to make an appeal to City Council at a duly scheduled meeting requesting an extension of time to move back to the ward from which the person was appointed. If Council finds good cause, the time within which the person has to return to the ward from which they were appointed may be extended up to an additional 12 months.

[Added 5-24-2000 by Ord. No. 31-2000]

C. 

The aforementioned provision shall not apply to employees hired after the adoption of this amended article which shall be subject to the provisions of § 56-2 except as where otherwise exempted by law.

[Added 8-11-2004 by Ord. No. 75-2004]

Editor's Note: This ordinance was vetoed by the Mayor 8-23-2004, and said veto was subsequently overridden 9-8-2004. This ordinance consequently became effective 9-28-2004.

Amended 6-19-1985 by Ord. No. 38-1985