[HISTORY: Adopted by the Council of the City
of Watervliet 12-3-1987 as L.L. No. 1-1987 (Art. XI of Part II,
Charter Appendix, of the Code of Ordinances of 1972). Amendments noted
where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 60.
The City Council recognizes that emergency work
situations arise which require employees of the City of Watervliet
to be near their place of employment and to assume the continuation
of public services to protect the health, safety and general welfare
of the people. Through the adoption of this chapter, the City Council
makes a legislative determination that those who are residents of
the City take a greater interest in promoting the public safety and
health in the future of this City than do nonresidents whose families
reside in areas unaffected by City services. The City Council further
declares that such a quality is desirable for its employees. The Council
considers that residency by its employees and officers within the
City is a sure continuation of essential public services. The Council
also determines that the public need is sufficient to require that
current employees and employees hired and promoted after the effective
date of this chapter be residents of the City.
As used in this chapter, the following terms
shall have the meanings indicated:
The actual principal domicile of an individual, where he
or she normally sleeps and maintains usual, personal and household
effects.
[Amended 9-5-1996 by Ord. No. 1638]
[Amended 12-6-2001 by L.L. No. 1-2001; 11-21-2002 by Ord. No.
1723]
Except as otherwise provided by law, the City Council hereby establishes a residency requirement for all employees of the City of Watervliet hired after the effective date of this chapter [except those expressly exempted under New York Law, e.g., paid firemen under Public Officers Law, § 3, Subdivision 9, the General Manager, Corporation Counsel, Police Chief, Fire Chief, and part-time employees], including, but not limited to, all members of the Police Department. Every person heretofore or hereafter employed by the City shall, to the extent permitted by law, as a qualification of employment, be a resident of the City of Watervliet. During the time of such employment no individual shall cease to be a resident of the City. This chapter does not apply to employees hired prior to the effective date of this chapter. All employees hired after the effective date of this chapter, will acknowledge in writing and that they have received a copy of Chapter 72 of the Code and filed said acknowledgment with the City Clerk's Office.
[Amended 11-21-2002 by Ord. No. 1723]
Residency will be a consideration in the review
process of any promotion but will not be the sole criteria for said
review process.
[Added 3-25-2010 by Ord. No. 1858]
Notwithstanding the above, the City Council of the City of Watervliet
has approved on February 18, 2010, a memorandum of agreement between
the Watervliet Police Benevolent Association and the City of Watervliet
which provides, among other items, specific residency provisions for
paid police officers in the City of Watervliet which shall control
over any contradictory sections of this chapter.
A copy of this chapter shall be provided to
all employees upon initial appointment or upon promotion. However,
the failure of the employer to do so shall not affect the applicability
of this chapter to any employee appointed or promoted after its effective
date. A copy of this chapter shall also be posted on all notice boards
normally used by the employer for employee communications.
A.
Should it be alleged that an employee is not in compliance with §§ 72-3 or 72-4 of this chapter, as the case may be, the employee's supervisor, the Personnel Officer or other appropriate municipal officials, upon becoming aware of the allegation, shall provide the employee written notice of his alleged violation and shall allow the employee seven calendar days in which to respond. Where there is a failure to respond or where a response is not, in the judgment of the employee's supervisor, Personnel Officer or other appropriate municipal official, sufficient to satisfy the requirements of this chapter, the employee's supervisor, Personnel Officer or other appropriate municipal official shall designate an officer or board to set a hearing date to hear the charge of nonresidency and to make a record of the hearing. An employee establishing residency to the satisfaction of the employee's supervisor, Personnel Officer or other appropriate municipal officials prior to the hearing date shall result in a cancellation of the hearing authorized by this section.
B.
The employee shall be sent a notice of the hearing
date at least 15 days prior to the hearing. The hearing record and
the determination of the hearing officer or board conducting the hearing
as to whether the employee is a nonresident in violation of this chapter
shall be referred to the City Council for its review and decision.
Should the City Council decide that the employee is a nonresident
in violation of this chapter, the employee shall be deemed to have
voluntarily resigned from employment. Upon reestablishing residency,
an individual having so resigned may apply for reinstatement to his
or her former position and shall be reinstated, if the position is
vacant.
[Amended 12-6-2001 by L.L. No. 1-2001]
A.
In the event that the City Council determines that it is in the best interests of the public employer to do so, the provisions of § 72-3 or 72-4 may be waived with respect to an incumbent or incumbents of a particular title or titles in accordance with the following standards.
(1)
Necessity for nonresidency. The requirement of residency
may be waived in those instances where it is determined that residency
is not in the best interests of the employer. (For instance, an employee
whose responsibilities for the operation of a water or sewer plant
which is located outside a municipality might best be fulfilled by
permitting residency to be located near the facility.)
