Town of Montgomery, NY
Orange County
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[HISTORY: Adopted by the Town Board of the Town of Montgomery as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Code of Ethics — See Ch. 25.

ARTICLE I
Residency Requirement (§ 42-1 — § 42-6) 

ARTICLE II
Employee Health Insurance (§ 42-7 — § 42-9) 

[Adopted 5-17-1984 by L.L. No. 1-1984]

§ 42-1
Findings and determinations. 

§ 42-2
Definitions. 

§ 42-3
Residency restrictions; applicability. 

§ 42-4
Posting and distribution of article copies. 

§ 42-5
Termination of service for nonresidency; hearing. 

§ 42-6
Waiver of requirements. 

The Town Board of the Town of Montgomery recognizes that emergency work situations arise which require employees of the Town of Montgomery to be near their place of employment and to assume the continuation of public services to protect health, safety and general welfare of the people. Through the adoption of this article, the Town Board makes a legislative determination that those who are residents of the Town 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 Town services. The Town Board further declares that such quality is desirable for its employees. The Town Board considers that residency by its employees and officers within a community will strengthen the economic status of the Town 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 Town Board determines that the public need is sufficient to require that the employees hired or promoted after the effective date of this article shall be residents of the Town.

As used in this article, the following terms shall have the meanings indicated:

RESIDENCY
The actual principal domicile of an individual, where he or she normally eats or sleeps and maintains usual personal and household effects.

The Town Board hereby establishes a residency requirement for all prospective employees of the community. Every person employed by the Town of Montgomery on or after January 1, 1984, shall be a resident of the Town of Montgomery or shall become a resident within six months of the date of initial service for the Town. During the time of service of such employee, no individual shall cease to be a resident of the Town. All employees promoted by the Town on or after January 1, 1984, shall be, or within one year of such promotion become, residents of the Town of Montgomery. This article shall be applicable to all employees regardless of civil service classification.

A copy of this article shall be provided to all employees upon hire or promotion. However, the failure of the employer to do so shall not affect the applicability of this article to any employee hired or promoted 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.

Should it be alleged that an employee subject to the provisions of § 42-3 of this article is no longer a resident of the Town, the employee's supervisor or other appropriate municipal officials, upon becoming aware of the allegation, shall provide the employee with a 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 Town Board determines that it is in the best interests of the public employer to do so, the provisions of § 42-3 may be waived with respect to a particular person or a particular position in accordance with these standards:

(1) 

Lack of applicants. The requirements of residency may be waived in those instances where the employer has difficulty hiring or promoting persons because of the residency requirements.

(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 § 42-3 of this article upon any other person or position.

[Adopted 8-1-1996 by L.L. No. 3-1996]

§ 42-7
Statement of purpose. 

§ 42-8
Statement of authority. 

§ 42-9
Procedures regarding employee option. 

A. 

The Town Board finds that certain of its eligible employees who would otherwise receive health insurance coverage through the Town's group health insurance provider for themselves and their immediate family also may have health insurance coverage available from other sources.

B. 

In these particular cases, the Town Board finds that it is an unnecessary expense for the Town of Montgomery to provide such health insurance coverage where an otherwise eligible employee of the Town can demonstrate the existence of alternative coverage from other sources.

C. 

Therefore, it is the intent of this article to authorize cash payments to such eligible employees in lieu of providing health insurance coverage for such eligible employees, all as more fully set forth in § 42-9 of this article.

This article is authorized by the New York State Constitution, Article IX, § 2, the provisions of the New York Municipal Home Rule Law and the provisions of the Statute of Local Governments.

Subject to the conditions listed below, eligible employees of the Town of Montgomery who demonstrate that alternate health insurance coverage is available from other sources may elect to receive periodic cash payments in lieu of receiving health insurance coverage from the Town of Montgomery's employee health insurance provider.

A. 

The amount of such cash payments will be established from time to time by resolution of the Town Board; provided, however, that at no time shall such cash payments exceed the Town of Montgomery's actual costs of providing such coverage.

B. 

Should an otherwise eligible employee that has elected this option subsequently seek to be reinstated in the Town's health insurance plan, such employee must notify the Town Supervisor or his designee in writing of the request to be reinstated together with the reasons therefor. The Town shall then promptly transmit such request to the health insurance provider. The otherwise eligible employee will then be reinstated upon confirmation from the health insurance provider that such reinstatement of coverage has become effective. At the time of reinstatement, the employee shall be subject to the same cost-sharing of said health insurance coverage in effect for other eligible Town employees at that time or as same may be modified for all other eligible employees in the future.