[HISTORY: Adopted by the Common Council of
the City of North Tonawanda 6-6-1995. Amendments noted where applicable.]
A.Â
The City of North Tonawanda's residency policy is
that there is and shall be a residency law for purposes of public
employment, unless exempted by state or federal law or City Charter.
The following stated Residency Ordinance shall embody the residency
policy of the Common Council of the City of North Tonawanda, both
substantively and procedurally.
B.Â
The Common Council of the City of North Tonawanda
recognizes that emergency work situations arise which require employees
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 adoption of this chapter the City makes a legislative
determination that those employees who are residents of the City take
a greater interest in promoting the public safety, health and welfare
of this community than do nonresidents whose families reside in areas
unaffected by City services. The City further declares that such a
quality is desirable for its employees. The legislative body considers
that residency by its employees within the community will assure continuation
of essential public services. The City determines that the public
need is sufficient to require that present employees and employees
hired or promoted after the effective date of this chapter shall be
residents of the City of North Tonawanda.
As used in this chapter, the following terms
shall have the meanings indicated:
The actual principal domicile of an individual, where an
individual resides, as indicated by where an individual usually sleeps
and maintains usual personal and household effects.
A.Â
Except as otherwise provided by law,
the City hereby reestablishes and restates its residency requirement
for all present and prospective employees. Every person presently
employed by the City of North Tonawanda shall be a resident of the
City and must reside within the geographical boundaries of the political
subdivision (municipality) known as the "City of North Tonawanda,
New York," as a qualification of employment. Notwithstanding the above,
this chapter does not apply to all present City employees, whether
they reside inside or outside of the geographical boundaries of the
City on the effective date of this chapter. Any employees who are
hired after the effective date of this chapter must reside within
the geographical boundaries of the City and continue to do so as a
condition of continuing employment with the City of North Tonawanda.
B.Â
Further more, every future or prospective person to
be employed by the City of North Tonawanda shall, as a qualification
of employment, be at the time of examination and/or appointment a
resident of the State of New York for one year and of the City of
North Tonawanda for four months. Thereafter, every future or prospective
employee of the City of North Tonawanda shall be a resident of the
City and must reside within the geographical boundaries of the political
subdivision (municipality) known as the "City of North Tonawanda,
New York," as a qualification/condition of employment. During the
time of service, no employee shall cease to be a resident of the City
of North Tonawanda.
C.Â
All current employees, including but not limited to
appointed public officers, and all future municipal employees, except
as otherwise provided by federal or state law or City Charter, shall
reside within the City of North Tonawanda during their time of service.
Any employee, including but not limited to any appointed public officer,
who moves his or her residence out of the City of North Tonawanda
shall be deemed to have voluntarily resigned from employment. Upon
reestablishing residency, an individual, having so deemed resigned,
may apply to the Common Council for reinstatement to his or her former
position and may be reinstated at the sole discretion of the Common
Council and by a majority vote (three votes) of the entire Common
Council.
D.Â
The above
requirements shall not apply to the persons appointed to the positions
of Plumbing Inspector or Electrical Inspector.
[Added 6-2-2009]
A.Â
In the event that the City determines that it is in the best interest to do so, the provisions of § 73B-3 may be waived with respect to either an incumbent or a prospective employee of a particular title in accordance with the following standards:
(1)Â
Lack of qualified applicants. The requirement of residency
may be waived in those instances and circumstances where the employer
has difficulty hiring or promoting the most qualified person because
of its residency requirement.
(2)Â
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 as, for example, the
responsibilities of an employee for the City might be best fulfilled
by permitting residency to be located outside of the geographical
boundaries of the municipality.
(3)Â
Necessity because of illness of a family member. The
requirement of residency may be waived in those instances and circumstances
where the employee must take care of an immediate family member who
has a serious illness or is disabled and resides outside of the geographical
boundaries of the municipality.
B.Â
Said application may be granted only by a majority
vote (three votes) of the entire Common Council.
A copy of this chapter shall be provided to
all current employees and to all employees upon initial appointment/hiring.
However, the failure of the employer to do so shall not affect the
application of this chapter to any employee appointed/hired either
before or after its effective date. A copy of this chapter shall also
be posted once a year by the City Clerk on the notice board normally
used by the employer for employee communications. However, failure
of the City Clerk to post this chapter shall not be deemed a waiver
of the residency requirement.
A.Â
Should it be alleged that an employee is not in compliance with § 73B-3 of this chapter, the employee's supervisor, the City Clerk or the Common Council, upon becoming aware of the allegation, shall provide the employee written notice of his or her alleged violation and shall allow the employee five business days (exclusive of Saturday, Sunday and holidays) in which to respond in writing. Where there is a failure to respond or where the response is not, in the judgment of the Common Council, sufficient to satisfy the requirements of this chapter, the Common Council shall solely designate an individual as a hearing officer and set a date to hear the charge of nonresidence. A record of the hearing shall be made. Should an employee establish residency to the satisfaction of the Common Council prior to the hearing date, it may result in a cancellation of the hearing authorized by this section. Said hearing officer shall make a determination and submit said advisory determination to the Common Council for its review and determination.
B.Â
The employee shall be sent a notice of the hearing
date by personal delivery or by certified mail to the employee's last
known address of record at least 10 days prior to the hearing. The
hearing record and the written determination of the hearing officer
as to whether the employee is a nonresident in violation of this chapter
shall be referred to the Common Council for its review and decision.
Should the Common Council decide that an employee is a nonresident
in violation of this chapter, the employee shall be deemed to have
voluntarily resigned from employment. Upon an individual's reestablishing
residency, he or she may apply for reinstatement to his or her former
position and may be reinstated only at the sole discretion of a majority
vote (three votes) of the entire Common Council of the City of North
Tonawanda.
In the event that this chapter or any provision
of it shall be deemed by a court to be in conflict with a provision
of Federal or State Constitutions or with a provision of a general
law or the City Charter, or if adherence to or enforcement of any
section of this chapter shall be restrained by a court, the remaining
provisions of this chapter shall not be affected and shall be in full
force and effect.
This chapter shall take effect upon its passage
by the Common Council of the City of North Tonawanda at a regular
public meeting and publication in the official newspaper of the City.
