[Adopted 4-15-1985 by L.L. No. 2-1985]
[Amended 9-5-2023 by L.L. No. 1-2023]
The Board of Trustees recognizes that emergency
work situations and emergencies arise which require employees of the
Village of Hamburg to be near their place of employment to assure
the continuation of public services to protect the health, safety,
and welfare of the community. The Board of Trustees believes that
residency by the Village employees and officers within the Village
of Hamburg or in near proximity thereto, will assure continuation
of essential public services. The Board of Trustees determines that
the public need is sufficient to require all full time Village of
Hamburg employees to reside within the boundaries of the Village of
Hamburg, or in near proximity thereto, as defined herein.
[Amended 9-5-2023 by L.L. No. 1-2023]
As used in this article, the following terms
shall have the meanings indicated:
An individual who is employed by the Village of Hamburg as
a full-time, nonseasonal employee, who works a minimum of 35 hours
a week.
The actual principal domicile of an individual where he/she
normally sleeps and maintains usual personal and household effects.
[Amended 6-15-1998 by L.L. No. 3-1998; 9-5-2023 by L.L. No. 1-2023]
A.
Except as otherwise provided by law, the Board of Trustees hereby
requires that all full-time employees of the Village of Hamburg shall
reside within the boundaries of the Village of Hamburg. Any person
commencing full-time employment with the Village of Hamburg shall
be given six months to comply with this requirement. No full-time
employee shall cease to be a resident of the Village of Hamburg during
the term of their employment except as provided in this Code.
B.
Upon application to and approval by the Board of Trustees, a full-time
employee may choose to reside outside the boundaries of the Village
of Hamburg. The proposed site of residence must be four miles or less
from the nearest Village boundary, measured in a straight line, point
to point, as determined by the Board of Trustees.
C.
Any residency approved by the Board of Trustees pursuant to § 54-6B or § 54-9 shall be site specific. Any full-time employee moving from a previously approved residency site outside the Village of Hamburg to a new site that is also outside the boundaries of the Village of Hamburg, without a new prior approval from the Board of Trustees, may be subject to discipline, including termination, pursuant to § 54-8 of this Code.
D.
The Village Administrator, Clerk-Treasurer, Superintendent of Public Works, Chief of Police, Recreation Supervisor and Village Attorney must reside and must continue to reside within the boundaries of the Village of Hamburg for as long as the individual holds such office or position. Section 54-6B shall not apply to these offices or positions.
A copy of this article shall be provided to
all employees upon initial appointment. However, the failure to do
so shall not affect the applicability of this article to any employee
appointed after its effective date. A copy of this article shall also
be posted on all notice boards normally used for employee communication.
A.
Should it be alleged that an employee is not in compliance with § 54-6 of this article, the Mayor upon becoming aware of the allegation shall provide the employee written notice of his or her 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 Mayor, sufficient to satisfy the requirements of this article, the Mayor 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 Mayor prior to the hearing date shall result in a cancellation of the hearing authorized by this section.
B.
The employee shall be sent 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 article
shall be referred to the Mayor for his or her review and decision.
Should the Mayor decide that the employee is a nonresident in violation
of this article, 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 has not been filled
or is still vacant.[1]
[Amended 9-21-2020 by L.L. No. 2-2020]
In the event that the Board of Trustees determines that it is in the best interest of the Village to do so, the provisions of § 54-6 may be waived with respect to an employee, employees or prospective employee in accordance with the following standards:
A.
Lack of applicants. The requirement of residency may
be waived in those instances where the Board of Trustees has difficulty
hiring person because of the residency requirement.
B.
Necessity for nonresidency. The requirement of residency may be waived or modified, upon any conditions the Board of Trustees may impose, in those instances where it is determined that requiring the residency is not in the best interests of the Village. In making this determination, the Board of Trustees may consider the requirements of the job title, the housing market within the Village at the time, the financial capabilities of the employee/prospective employee, the housing needs of the employee/prospective employee and any other information the Board of Trustees deems relevant. Such a waiver or modification, and any conditions imposed thereon, shall be by resolution of the Board of Trustees and shall not in any way affect the application of § 54-6 of this article with respect to any other title, titles, employee or prospective employee.
