Village of Green Island, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Green Island 6-3-1986 by L.L. No. 1-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 27.
The Village Board recognizes that emergency work situations arise which require employees of the Village of Green Island 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 of the Village take a greater interest in promoting the public safety and health in the future of this Village 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 assure continuation of essential public services. The Village Board determines that the public need is sufficient to require that current employees and employees hired or promoted after the effective date of this chapter be residents of the Village.
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 sleeps and maintains usual personal and household effects.
Except as otherwise provided by law, the Village Board hereby establishes a residency requirement for all current and prospective employees of the Village of Green Island, including but not limited to all members of the Police Department. Every person heretofore or hereafter employed by the Village of Green Island, shall, as a qualification of continued employment, remain a resident of the Village of Green Island. Any prospective employee shall become a resident of the Village of Green Island within six months of the date of initial service for the Village of Green Island. During the time of service of such employee, no individual shall cease to be a resident of the Village.
All employees promoted by the Village on or after the effective date of this chapter shall be or, within one year of such promotion, shall become residents of the Village of Green Island.
A copy of this chapter shall be provided to all current employees and prospective employees upon initial appointment. However, the failure of the employer to do so shall not affect the applicability of this chapter to any current or prospective employee. A copy of this chapter shall be posted on all notice boards normally used by the employer for employee communications.
A. 
Should it be alleged that an employee is not in compliance with § 36-3 or 36-4 of this chapter, as the case may be, the employee's supervisor or the Mayor, upon becoming aware of the allegation, shall provide the employee written notice of his or her alleged violation and shall allow the employee seven calendar days in which to respond. Where there is a failure to respond or where a response is not, in the judgment of the employee's supervisor or the Mayor, sufficient to satisfy the requirements of this chapter, the employee's supervisor or the Mayor shall designate an officer or board to set a hearing date to hear the charge of nonresidency and to make a record of the hearing. An employee establishing residency to the satisfaction of the employee's supervisor or the Mayor prior to the hearing date shall result in cancellation of the hearing authorized by this section.
B. 
The employee shall be sent a notice of the hearing date at least 15 days prior to the hearing. The hearing record and the determination of the hearing officer or board conducting the hearing as to whether the employee is a nonresident in violation of this chapter shall be referred to the Village Board for its review and decision. Should the Village Board decide that the employee is a nonresident in violation of this chapter, the employee shall be deemed to have voluntarily resigned from employment. Upon reestablishing residency, an individual having so resigned may apply for reinstatement to his or her former position and shall be reinstated if the position is vacant.
A. 
In the event that the Village Board determines that it is in the best interests of the Village to do so, the provisions of § 36-3 or 36-4 may be waived with respect to an incumbent or incumbents of a particular title or titles in accordance with the following standards:
(1) 
Lack of applicants. The requirement of residency may be waived in those instances where the employer has difficulty hiring or promoting the most qualified person 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 § 36-3 or 36-4 of this chapter with respect to any other title or titles.