AR Handbook – 85
Senate, each of whom shall serve at
the pleasure of the person making
the appointment and shall have a
term not to exceed five years. A
vacancy on the committee shall be
filled in the same manner as the
original appointment was made. The
Governor shall make provision to
provide such clerical, secretarial and
administrative support to the committee
as may be necessary for it to
conduct its responsibilities pursuant
to this subsection.
The decision on whether to approve
an application from any person
shall be made by a majority vote
of the members of the committee,
and those voting in the affirmative
shall so sign the approved application.
If the committee fails to act on
an application within 30 days after
the receipt thereof, no exemption
shall be granted and the residency
requirement of this subsection shall
be operative. The head of a principal
department of the Executive Branch
of the State government, a Justice
of the Supreme Court, judge of the
Superior Court and judge of any
inferior court established under the
laws of this State shall not be eligible
to request from the committee an
exemption from the provisions of
this subsection.
The exemption provided in this subsection
for certain persons employed
by a State college, university, or
other higher educational institution,
or a county or community college,
other than those employed on a
temporary or per-semester basis as
a visiting professor, teacher, lecturer,
or researcher, shall apply only to
those persons holding positions that
the college, university, or institution
has included in a report of those full
or part-time positions as a member
of the faculty, the research staff, or
the administrative staff requiring
special expertise or extraordinary
qualifications in an academic,
scientific, technical, professional, or
medical field or in administration,
that, if not exempt from the residency
requirement, would seriously
impede the ability of the college,
university, or institution to compete
successfully with similar colleges,
universities, or institutions in other
states. The report shall be compiled
annually and shall also contain the
reasons why the positions were
selected for inclusion in the report.
The report shall be compiled and
filed within 60 days following the
effective date of P.L.2011, c. 70. The
report shall be reviewed, revised as
necessary, and filed by January 1 of
each year thereafter. Each report
shall be filed with the Governor and,
pursuant to section 2 of P.L.1991, c.
164 (C.52:14-19.1), with the Legislature,
and a report may be revised
at any time by filing an amendment
to the report with the Governor and
Legislature.
As used in this section, “school
district” means any local or regional
school district established pursuant
to chapter 8 or chapter 13 of Title
18A of the New Jersey Statutes2 and
any jointure commission, county
vocational school, county special
services district, educational services
commission, educational research
and demonstration center, environmental
education center, and educational
information and resource
center.
c.b. If any person holding any office,
employment, or other position
in this State shall attempt to let,
farm out or transfer such office,
employment, or position or any
part thereof to any person, he
shall forfeit the sum of fifteen
hundred dollars ($1,500.00), to
be recovered with costs by any
person who shall sue for the
same, one-half to the prosecutor
and the other half to the
treasurer for the use of the State.
d.c. No person shall be appointed
to or hold any position in this
State who has not the requisite
qualifications for personally
performing the duties of such
position in cases where scientific
engineering skill is necessary to
the performance of the duties
thereof.
e.d. Any person holding or
attempting to hold an office,
employment, or position in
violation of this section shall be
considered as illegally holding
or attempting to hold the
same; provided that a person
holding an office, employment,
or position in this State shall
have one year from the time of
taking the office, employment,
or position to satisfy the
requirement of principal
residency, and if thereafter
such person fails to satisfy
the requirement of principal
residency as defined herein with
respect to any 365-day period,
that person shall be deemed
unqualified for holding the
office, employment, or position.
The Superior Court shall, in a
civil action in lieu of prerogative
writ, give judgment of ouster
against such person, upon the
complaint of any officer or
citizen of the State, provided
that any such complaint shall be
brought within one year of the
alleged 365-day period of failure
to have his or her principal
residence in this State.