[Adopted 10-16-2006 by L.L. No. 3-2006]
The Village Board of Trustees recognizes that emergency situations arise which require the Chief of Police of the Village of Owego to be near his or her place of employment and to assume the continuation of public services to protect the health, safety and general welfare of the people. Through adoption of this article, the Village Board of Trustees makes a legislative determination that those who are residents of the Village of Owego take a greater interest in promoting the public safety and health in the future of this community than do nonresidents who reside in areas unaffected by Village of Owego police services. The Village Board of Trustees further declares that such a quality is desirable for its Chief of Police of the Village of Owego Police Department. The legislative body considers that residency by its Chief of Police within the community will assure continuation of essential police services. The Village Board of Trustees determines that the public need is sufficient to require that its Chief of Police permanently hired after the effective date of this article be a resident of the Village of Owego or reside within a specific distance from the Village of Owego as described herein.
As used in this article, the following terms shall have the meanings indicated:
RESIDENCY
The actual principal domicile of an individual, including but not limited to where he or she normally sleeps and maintains usual personal effects and where an individual lists as an address for voter registration and a postal address and/or an address for a motor vehicle registration, if any.
Except as otherwise provided by law, the Village of Owego Board of Trustees hereby establishes a residency requirement for the Chief of Police of the Village of Owego Police Department. Such individual permanently appointed by the Village of Owego as the Chief of Police on or after the effective date of this article shall, as a qualification of appointment, become a resident of the Village of Owego or establish residency within five miles of the Village offices located at 178 Main Street within six months of permanent appointment. During the time of service as Chief of Police, no such individual shall cease to be a resident of the Village of Owego as prescribed herein.
A copy of this article shall be provided to such individuals who may be the incumbent or incumbents for the position of Chief of Police. However, a failure to do so shall not affect the application of this article to any such individual appointed as Chief of Police after its effective date.
A. 
Should it be alleged that an individual permanently appointed as Chief of Police is not in compliance with § 49-14 of this article, the Village Board of Trustees may initiate a hearing by providing such individual with written notice of his or her alleged violation and shall allow such individual seven calendar days in which to respond. If there is a failure to respond or if, in the judgment of the Board of Trustees, the response is not sufficient to satisfy the requirements of this article, the Board of Trustees shall set a date to hear the charge of nonresidence. The individual shall be sent a notice of the hearing date at least 15 calendar days prior to the hearing. A record of the hearing shall be made. Should such individual establish residency to the satisfaction of the Village Board of Trustees prior to the hearing date, it shall result in a cancellation of the hearing authorized by this section.
B. 
To conduct the hearing, the Village Board of Trustees may, in writing, designate an individual who for the purpose of the hearing shall be vested with all the powers of the Village Board of Trustees and who shall refer the hearing record and his or her recommendations to the Village Board of Trustees for review and decision. Should the Board determine that such individual is a nonresident in violation of this article, he or she shall be notified in writing that he or she has been deemed to have voluntarily resigned from appointment as Chief of Police as of the date of the determination. Upon reestablishing residency, the individual having so resigned may apply for reinstatement to his or her former position as Chief of Police and shall be reinstated if the position is vacant.
[Amended 5-2-2016 by L.L. No. 4-2016]
In the event that the Village Board of Trustees determines that it is in the best interest of the Village of Owego to do so, the provisions of § 49-11 and § 49-14 may be waived with respect to the position of Chief of Police or any of the various offices of Chief of the Fire Department in accordance with the following standards:
A. 
Lack of applicants. The requirement of residency may be waived in those instances where the Village of Owego has difficulty hiring or promoting the most qualified person because of its residency requirements.
B. 
Necessity for nonresidence. The requirement of residency may be waived in those instances where it is determined that residency is not in the best interest of the municipality.