[HISTORY: Adopted by the Board of Trustees of the Village
of Medina as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-27-1995 by L.L. No. 4-1995]
The Village Board recognizes that emergency situations arise
which require employees of the Village of Medina to be near their
place of employment and to assure the continuation of public services
to protect the health, safety and general welfare of the people. (Through
adoption of this article, the Village Board makes a legislative determination
that those who are residents of the Village or who live within 10
miles of the Village 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 services.) The Village Board
further declares that such a quality is desirable for its employees.
The legislative body considers that residency by its employees within
the vicinity will assure continuation of essential public services.
The Village Board determines that the public need is sufficient to
require that employees hired or promoted after the effective date
of this article be residents of the Village or reside within a ten-mile
radius of the Village.
As used in this article, the following terms shall have the
meanings indicated:
The actual principal place or location where an individual
carries on usual living activities as determined by where he or she
usually sleeps and maintains usual personal and household affects,
where he or she lists as his or her address on income tax returns,
driver's license, motor vehicle registration and voter registration,
where his or her spouse and/or minor children, if any, live and where
mail and other communications are usually received.
Except as otherwise provided by law, the Village Board hereby
establishes a residency requirement for all prospective employees.
Every person initially employed by the Village of Medina on or after
the effective date of this article shall, as a qualification of employment,
become a resident of the Village of Medina or shall reside within
a ten-mile radius of the Village boundaries within six months of the
date of initial service for the Village. During the time of service
of such an employee, no such employee shall cease to be a resident
of the Village or such area.
All employees promoted by the Village on or after the effective
date of this article shall be or, within one year of such promotion,
shall become a resident of the Village of Medina or shall reside within
a ten-mile radius of the Village boundaries.
A copy of this article shall be provided to each employee upon
his or her initial appointment or promotion. However, a failure to
do so shall not affect the application of this article to any employee
appointed or promoted after its effective date. A copy of this article
shall also be posted on all notice boards normally used for employee
communications.
A.
Should it be alleged that an employee is not in compliance with § 41-3 or 41-4 of this article, as the case may be, the Village Board may initiate a hearing by providing the employee with written notice of his or her alleged violation and shall allow the employee seven calendar days in which to respond. If there is a failure to respond or if, in the judgment of the Village Board, the response is not sufficient to satisfy the requirements of this article, the Village Board shall set a date to hear the charge of nonresidence. The employee 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 an employee establish residency to the satisfaction of the Village Board 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 may, in writing, designate
an individual who for the purpose of the hearing shall be vested with
all the powers of the Village Board and who shall refer the hearing
record and his or her recommendations to the Village Board for review
and decision. Should the Village Board determine that an employee
is a nonresident in violation of this article, the employee shall
be notified, in writing, that he or she has been deemed to have voluntarily
resigned from employment as of the date of the determination. 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 interest of the Village of Medina to do so, the provisions of §§ 41-3 or 41-4 may be waived with respect to 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 Village has difficulty hiring or promoting
the most qualified person because of its residency requirement.
(2)
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.
All present employees of the Village of Medina shall continue
to be bound and governed by the residency requirements that are presently
in effect and shall be subject to this article only upon promotion
or upon being rehired after termination of his or her present employment.
[Adopted 7-22-2003 by L.L. No. 3-2003]
Pursuant to Village Law § 3-300(2)(a), in lieu of
any other residency requirements imposed by law, the Acting Village
Justice of the Village of Medina, New York, need not be a resident
in the Village of Medina but shall reside within the County of Orleans,
the county in which the Village of Medina is situate.
