New Brunswick case spotlights debate over residency requirements for police

Last spring, journalist Charlie Kratovil discovered that New Brunswick’s police director lived two hours south of the city.

Such a revelation might rightly rile the public, which expects their police and public servants to live in or near the city where they work. Outrage, though, pivoted to press freedom after city officials threatened to arrest and fine Kratovil under a law that shields some public officials’ home addresses.

But Kratovil’s scoop that Anthony Caputo lives 140 miles away from the city where he oversees policing and serves on the parking authority spotlighted a controversial policy that has dogged New Jersey policymakers for over a decade: residency requirements for public workers.

Supporters say requiring police, firefighters, teachers, and other public employees to live in the communities where they work builds public trust, bolsters the tax base, and ensures the public workforce is representative of the community it serves.

But labor unions and other critics say residency requirements can shrink their hiring pool, which is particularly problematic in professions like policing where applications have been dwindling already.

“There’s not necessarily a one-size-fits-all answer to whether or not residency requirements ought to be in place,” Kratovil said. “But certainly, leaders need to be visible and responsive and this one particular leader is not. This case shines a light on how you can take it to the extreme of not being part of the community.”

State residency the law now

In 2011, state lawmakers passed the New Jersey First Act, requiring in-state residency for all state, county, and municipal employees as well as people who work for various public boards, commissions, authorities, and colleges and universities. Its supporters hailed it as a way to employ New Jersey residents, keep tax dollars in the state, and ensure the New Jersey’s economic health.

Legislators followed that up in 2015 by passing a bill that would have allowed counties and municipalities to require residency for police and firefighters for their first five years of employment. But unions lobbied against it and then-Gov. Chris Christie vetoed it, citing concerns that it would “place unwarranted restrictions” on police and firefighters and shrink employers’ hiring pool.

Assemblyman John McKeon (D-Essex) was a prime sponsor of that legislation — and remains so committed to the cause that he has reintroduced the bill four times since then, including most recently last year.

“As a cop, you’ll know your turf and your neighbors better if you live there, but it’s also about adding good, solid citizens within the neighborhoods, with police officers integrating into the community, sending their kids to schools in the community, and going to the local church or synagogue,” McKeon said. “It’s like community policing at its basic level.”

The bill hasn’t gained any significant traction since 2015, but it does have bipartisan support, and eight other legislators have signed on as sponsors. Newark Mayor Ras Baraka also expressed support when a Senate committee heard it in 2020.

Some towns haven’t waited for legislators to act. Cities like Newark, Jersey City, Paterson, Woodbridge, and New Brunswick require police applicants to prove local residency, although it’s unclear if anyone monitors residency after an applicant is hired. Others like Elizabeth have declared a “residency preference” in hiring.

Still, some regard residency requirements as a hiring hurdle.

Five Republican legislators have introduced legislation that would repeal the New Jersey First Act and eliminate state residency requirements for all public employees except the governor, the governor’s cabinet, legislators, and judges.

Several bills aimed at alleviating teacher shortages would exempt educators generally and math and science teachers specifically from state residency requirements. Those haven’t seen smooth sailing either, though, with one bill that the Senate passed unanimously in June stalling in Assembly and left in limbo over the summer.

Ending residency requirements to fix labor shortages is a cause Gov. Phil Murphy has taken up, too. In 2018, he urged lawmakers to excuse NJ Transit staff from residency requirements to reduce engineer shortages.

And some public workers have challenged residency requirements in court — and won. A state Superior Court judge in 2021 ruled against the Somerville Board of Education after it tried to sack a teacher who said a divorce and financial troubles forced her to move to Pennsylvania. That judge declared part of the New Jersey First Act unconstitutional, although his ruling applied just to the Somerville case.

A way to increase diversity?

McKeon agreed residency requirements might not be feasible in especially expensive towns like Millburn, where public workers might not be able to afford to live, so he’s considering limiting his legislation to cities or making similar tweaks.

Jason Williams, a criminal justice professor at Montclair State University, says “the jury’s still out” on whether residency requirements improve policing.

“Some studies have shown that community members are in support of these types of gestures, while others show that community members still largely feel that officers — whether they’re living alongside them or not — are still representative of a system that’s unequal and racially biased,” Williams said.

The American Civil Liberties Union of New Jersey has historically opposed residency requirements unless they are closely tied to a compelling government interest, like remedying discrimination, spokeswoman Maia Raposo said.

To that point, Williams said residency requirements can improve diversity in police departments, which continue to be mostly white and male.

“A lot of officers of color complain that it’s been very hard for them to get onto the police force of their own town,” Williams said. “So it’s important to look at this through the DEI lens as well.”