NJSA 18A:37-30 provides that nothing contained in the Anti-Bullying Act shall be construed as affecting the provisions of any collective bargaining agreement or individual contract of employment in effect on that act’s effective date. New Jersey First Act – Residency Requirement Effective September 1, 2011, New Jersey public employees must comply with the New Jersey First Act. Generally, the Act requires public employees holding a position on or after the effective date to have New Jersey as her/his principal residence. If you begin your office, position, or employment on September 1, 2011, or later, you must live in New Jersey unless otherwise exempted. If you do not live in New Jersey, you have one year after the date you start your job to relocate your residence to New Jersey. If you do not do so, you may be removed from your office, position, or employment. Those holding public employment before September 1, 2011, and living outside of New Jersey are exempt provided they continue to hold their position without a break in service of more than 7 days. Exemptions to the residency requirement may be granted based on a proven “critical need or hardship.” A Q. and A. from the Department of Labor and Workforce Development is located at http://www.state.nj.us/csc/about/ news/safety/pdf/NJ percent20First percent20Act percent20Residency percent20memo.pdf 52:14-7. State public officers, employees and persons holding a position in government; residency requirement; exemption; penalty for letting, transferring, etc. of office or position; appointment where scientific engineering skills required; 84 – AR Handbook illegal holding of office, employment or position; ouster Every person holding an office, employment, or position 1. in the Executive, Legislative, or Judicial Branch of this State, or 2. with an authority, board, body, agency, commission, or instrumentality of the State including any State college, university, or other higher educational institution, and, to the extent consistent with law, any interstate agency to which New Jersey is a party, or 3. with a county, municipality, or other political subdivision of the State or an authority, board, body, agency, district, commission, or instrumentality of the county, municipality, or subdivision, or 4. with a school district or an authority, board, body, agency, commission, or instrumentality of the district, shall have his or her principal residence in this State and shall execute such office, employment, or position. This residency requirement shall not apply to any person (a) who is employed on a temporary or per-semester basis as a visiting professor, teacher, lecturer, or researcher by any State college, university, or other higher educational institution, or county or community college, or in a full or part-time position as a member of the faculty, the research staff, or the administrative staff by any State college, university, or other higher educational institution, or county or community college, that the college, university, or institution has included in the report required to be filed pursuant to this subsection, or (b) who is employed full-time by the State who serves in an office, employment, or position that requires the person to spend the majority of his or her working hours in a location outside of this State. For the purposes of this subsection, a person may have at most one principal residence, and the state of a person’s principal residence means the state 1. where the person spends the majority of his or her nonworking time, and 2. which is most clearly the center of his or her domestic life, and 3. which is designated as his or her legal address and legal residence for voting. The fact that a person is domiciled in this State shall not by itself satisfy the requirement of principal residency hereunder. A person, regardless of the office, employment, or position, who holds an office, employment, or position in this State on the effective date of P.L.2011, c. 701 but does not have his or her principal residence in this State on that effective date shall not be subject to the residency requirement of this subsection while the person continues to hold office, employment, or position without a break in public service of greater than seven days. Any person may request an exemption from the provisions of this subsection on the basis of critical need or hardship from a five-member committee hereby established to consider applications for such exemptions. The committee shall be composed of three persons appointed by the Governor, a person appointed by the Speaker of the General Assembly, and a person appointed by the President of the
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