New Jersey Residency Bill

June 17, 2010

Members of the Rutgers Community:

The New Jersey legislature is considering a proposal which would require that public employees who work in New Jersey be residents of this state. Because this legislation could affect faculty and staff at Rutgers, I wanted to inform you of the bill’s status, its current exemptions, and the university’s position.

The proposal passed the state senate in May and awaits action in the general assembly. As originally drafted, the bill was a blanket mandate requiring out-of-state employees to move in state. Its provisions have since been amended in response to concerns expressed by Rutgers and by fellow colleges and universities, among others. The amended legislation now “grandfathers” those who currently work as public employees in New Jersey but live out of state—but only for as long as they hold their current position. The bill originally applied to both full- and part-time workers; it now applies to full-time workers only. The amended legislation also establishes a three-member panel (with representatives selected by the governor, assembly speaker, and senate president) to consider waivers of the requirement; such waiver requests must be acted upon within 30 days or will be considered rejected.

While Rutgers is gratified by the amendments proposed thus far, we remain deeply concerned about the ramifications that such legislation would have for recruitment of faculty and staff. Rutgers is proud to be the State University of New Jersey, but our scope is regional, national, and global. Located between two of the most important cities in the world, Rutgers attracts many two-career couples, one member of which may work at a university or business in Manhattan or Philadelphia. To require job candidates to move into New Jersey instantly puts Rutgers at a competitive disadvantage in recruiting scholars of international reputation.

Led by Vice President for Public Affairs Jeannine LaRue, the university continues to advocate for a complete exemption for higher education under the residency bill. Many of our outstanding employees live outside New Jersey, and it would undermine New Jersey’s partnership with its state university to place us in the position of turning down a job candidate, or being unable to promote an employee to a new position, because of residency issues. Only a handful of other states have enacted such a residency requirement or preference for their public employees, and no other state, to our knowledge, imposes such a requirement on employees of public colleges and universities.

We will keep you informed of any significant developments regarding this legislation. Thank you for all you do for Rutgers.

Richard L. McCormick
President
Rutgers, The State University of New Jersey