[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:
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.
