[Adopted 1-16-1978 by L.L. No. 3-1978]
The Board of Trustees of the Incorporated Village of Freeport notes that unemployment within the community is currently excessive. It is further recognized that emergency work situations arise which require employees of the village 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 article, the Board of Trustees makes a legislative determination that those who are residents of the village take a greater interest in promoting the public safety and health and in the future of this community than do nonresidents whose families reside in areas unaffected by village services. The Board of Trustees further declares that such a quality is desirable for its employees. The legislative body considers that residency by its employees and officers within a community will strengthen the economic status of the Village and will encourage stability in its neighborhoods and assure continuation of essential public services. Pursuant to the authority of law and pursuant to determinations by the State Public Employment Relations Board, the Board of Trustees determines that the public need is sufficient to require that employees hired after the effective date of this article be residents of the Village of Freeport.
Residency shall mean, for the purpose of this article, the actual principal domicile of an individual where he or she normally eats or sleeps and maintains usual personal household effects.
[Amended 9-12-1983 by L.L. No. 14-1983]
A. 
The Board of Trustees hereby establishes a residency requirement for all prospective employees of the community. Every person hired as an employee by the Village on or after the effective date of this article, i.e., January 16, 1978, shall be a resident of the Village of Freeport or shall become a resident of the Village within six months of satisfactorily completing the probationary period of service for the Village. During the period of permanent service of such employee, no individual shall cease to be a resident of the Village.
B. 
This article shall be applicable to all employees regardless of civil service classification.
Should it be alleged that an employee, subject to the provisions of § 42-7 of this article, is no longer a resident of the Village, the employee's supervisor, the personnel officer or other appropriate municipal official, upon becoming aware of the allegation, shall provide the employee with written notice of his alleged violation and shall allow the employee seven calendar days in which to respond. Regardless of whether or not a response is received, a hearing date shall be determined to examine the charge of nonresidency. The employee shall be sent a notice of the hearing date 15 days prior to the hearing. Upon a determination by a hearing officer or by a board conducting the hearing that the employee is a nonresident in violation of this article, the employee will be deemed to have voluntarily resigned.
A. 
In the event that the Board of Trustees determines that it is in the best interests of the public employer to do so, the provisions of § 42-7 may be waived with respect to a particular person or particular position in accordance with the following standards:
(1) 
Lack of applicants. The requirement of residency may be waived in those instances where the employer had difficulty hiring because of the residency requirement.
(2) 
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.
B. 
Such a waiver shall not in any way affect the application of § 42-7 of this article upon any other person or position.
A copy of this article shall be provided to all employees; however, the failure of the employer to do so shall not affect the applicability of this article to any person who is an employee after its effective date. A copy of this article shall also be posted on all notice boards normally used by the employer for employee communications.