[HISTORY: Adopted by the Board of Trustees of the Village of Delhi 2-7-1977 by L.L. No. 4-1977 (Ch. 34A of the 1979 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 16.
[Amended 2-8-1982 by L.L. No. 1-1982]
The Village of Delhi notes that emergency work situations arise which require employees of the Village of Delhi 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 the adoption of this chapter, the Village Board makes a legislative determination that those who are residents within the geographical boundaries of the Village of Delhi 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 Village services. The Village Board further declares that such a quality is desirable for its employees. The legislative body considers that residency by its employees and officers within a community will strengthen the economic status of the Village 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 Village Board determines that the public need is sufficient to require that employees hired or promoted after the effective date of this chapter be residents within the geographical boundaries of the Village of Delhi.
[Amended 2-8-1982 by L.L. No. 1-1982]
As used in this chapter, the following terms shall have the meanings indicated:
RESIDENCY
The actual principal domicile of an individual, where he or she normally eats and sleeps and maintains usual personal and household effects.
[Amended 2-8-1982 by L.L. No. 1-1982]
A. 
The Village Board hereby establishes a residency requirement for all prospective employees of the community. Every person employed by the Village of Delhi on or after November 1, 1986, shall be a resident within five miles of the intersection of Main and Kingston Streets in the Village of Delhi, measured along a road leading from said intersection, or shall become a resident within six months of the date of initial service for the Village. During the time of service of such employees, no individual shall cease to be a resident within the five miles measured as described above. All employees promoted by the Village on or after November 1, 1986, shall be or, within one year of such promotion, shall become residents within the five-mile limit described above. This chapter shall be applicable to all employees regardless of civil service classification.
[Amended 11-3-1986 by L.L. No. 6-1986]
B. 
A copy of this chapter 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 chapter to any employee hired or promoted after its effective date. A copy of this chapter shall also be posted on all notice boards normally used by the employer for employee communications.
[Amended 2-8-1982 by L.L. No. 1-1982; 11-3-1986 by L.L. No. 6-1986]
Should it be alleged that an employee, subject to the provisions of § 67-3 of this chapter, is no longer a resident within the five-mile limit as described in § 67-3, the employee's supervisor, upon becoming aware of the allegation, shall provide the employee with 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 not a resident, in violation of this chapter, the employee will be deemed to have voluntarily resigned.
A. 
In the event that the Village Board determines that it is in the best interests of the public employer to do so, the provisions of § 67-3 may be waived with respect to a particular person or a particular position in accordance with these standards:
(1) 
Lack of applicants. The requirement of residency may be waived in those instances where the employer has difficulty hiring or promoting persons because of the residency requirement.
(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 § 67-3 of this chapter upon any other person or position.