[HISTORY: Adopted by the Board of Trustees of the Village of Canton 7-20-1998 by L.L. No. 9-1998; amended in its entirety 11-21-2005 by L.L. No. 13-2005. Subsequent amendments noted where applicable.]
A. 
This chapter establishes the residence requirements for officers and employees of the Village of Canton, New York.
B. 
This chapter recognizes that the holders of certain Village offices are required by law to reside within the Village. The Board of Trustees has determined that the responsibilities of certain other Village offices would be best met if their holders reside within the Village, and identifies the offices for which residence within the Village shall be required.
C. 
This chapter shall operate, insofar as legally possible, to relieve and exempt remaining Village officers, as may be affected, from the residence requirements otherwise imposed by the Village Law and the Public Officers Law of the State of New York.
As used in this chapter, the following terms shall have the meanings indicated:
EMPLOYEE
Any person employed for wages by the Village of Canton, New York. This definition shall not include an independent contractor who may be hired to perform a service for the Village.
OFFICER
Any person holding a position by election or appointment to a Village office, whose duties and functions relate exclusively to the local affairs of the Village of Canton, New York.
RESIDENCE
The home of an individual, where he or she has legal residence and an established dwelling place, and where he or she normally eats and sleeps and maintains usual personal and household effects.
A. 
The residency requirements for any person who shall be eligible to be elected or appointed to the position of Mayor, Trustee, or as a member of any Village board or commission shall be as stated by the provisions of New York Village Law § -300(1).
B. 
Superintendent of Public Works.
(1) 
The person who holds the position of Superintendent of Public Works for the Village shall reside within the geographic boundaries of the Village of Canton, New York, and shall continue to be a resident of the Village of Canton during the term he or she holds the position.
(2) 
If such person is not a resident of the Village of Canton at the time of his or her initial appointment to the position of Superintendent of Public Works, such person shall become a resident of the Village of Canton by the last month of his or her probationary term in the position, or within such later time as the Board of Trustees may determine and approve, at its sole discretion, upon good cause shown.
A. 
Every other officer and employee of the Village of Canton shall reside within the geographic boundaries of St. Lawrence County, New York, and shall continue to be a resident of St. Lawrence County during the term of his or her appointment to or employment in the position.
B. 
If such person is not a resident of St. Lawrence County at the time of his or her initial appointment or employment, such person shall become a resident of St. Lawrence County by the last month of his or her probationary term in the position, or within such later time as the Board of Trustees may determine and approve, at its sole discretion, upon good cause shown.
A. 
Unless the Board of Trustees has approved an extension of the time beyond his or her probationary period, the failure of any probationary officer or employee to comply with this chapter's residency requirements by the last month of his or her probationary term in the position shall constitute a failure of probation, justifying, in the Board's sole discretion, such person's dismissal from the position.
B. 
Should it be alleged that any nonprobationary officer or employee who is subject to the provisions of this chapter has failed to come into compliance with the residence requirements pertaining to his or her position within the time provided by the Board, or is no longer in compliance with the residence requirements pertaining to his or her position, the following provisions shall apply:
(1) 
The Mayor shall provide the officer or employee with written notice of his or her alleged violation of this chapter.
(2) 
The officer or employee may file a written response, which shall be filed with the Village Clerk, up to the time a hearing is held on the allegations. The officer or employee shall be provided with at least eight (8) calendar days from the date written notice is provided as set forth at Subsection B(1), within which to submit a written response.
(3) 
The Board of Trustees shall hold a hearing to examine and determine the allegations of nonresidence. The affected officer or employee shall be provided with written notification of the hearing at least eight (8) calendar days prior to the hearing. The officer or employee shall have the right to attend and participate in the hearing, to be represented at the hearing, and to summon witnesses on his or her behalf. The burden of proving noncompliance with the provisions of this chapter shall rest upon the person alleging the noncompliance. Compliance with technical rules of evidence shall not be required. The Board's written decision shall be filed with the Village Clerk and delivered, either by personal or mail delivery, to the affected officer or employee.
(4) 
Upon a determination by the Board of Trustees that the officer or employee is not in compliance with the residence requirements of this chapter, the officer or employee shall be deemed to have voluntarily resigned from the position, effective with the date of the Board's determination.
(5) 
Any person aggrieved by the decision of the Board of Trustees may apply to the Supreme Court for a review of the proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days from the date the written decision is personally delivered to the person or within 35 days from the date the written decision is mailed to the person.
C. 
The provisions of this section shall not modify, limit, or replace the provisions of any existing written collective agreement between the Village of Canton and any employee organization governing disciplinary or termination proceedings for persons who are parties to such agreements, nor shall they modify or replace the provisions of the Civil Service Law relating to disciplinary or termination proceedings for persons whose hold civil service positions.