Village of Warsaw, NY
Wyoming County
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[HISTORY: Adopted by the Board of Trustees of the Village of Warsaw 7-1-1996 by L.L. No. 2-1996.[1] Amendments noted where applicable.]
Code of Ethics — See Ch. 11.
Officers and employees — See Ch. 21.
Editor's Note: This local law superseded former Ch. 27, Residency Requirements, adopted 6-7-1982 by L.L. No. 3-1982 (Ch. 34 of the 1965 Code of the Village of Warsaw).
The legislative body of the Village of Warsaw notes that unemployment within the community is currently rising. It further recognizes that emergency work situations arise which require employees of the Village of Warsaw 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 community 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 community 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 community 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 after the effective date of this chapter be residents of the community.
As used in this chapter, the following terms shall have the meanings indicated:
The area within the limits of the Township of Warsaw.
The actual principal domicile of an individual, where he or she normally eats or sleeps and maintains usual personal and household effects.
The Village Board hereby establishes a residency requirement for all employees of the Village. Every person employed or promoted by the Village of Warsaw on or after July 1, 1982, shall be a resident of the community of Warsaw or shall become a resident within six months of the date of completion of his or her probationary period for the Village. During the time of service of such employees, no individual shall cease to be a resident of the community. This chapter shall be applicable to all employees regardless of civil service classification, except as follows:
[Amended 2-19-2013 by L.L. No. 2-2013]
Residency requirements shall not apply to any full-time and/or part-time police officers of the Village of Warsaw Police Department. All full-time and part-time police officers must live within the County of Wyoming.
Except for the case of promotion, the provisions of this chapter do not apply to Village employees hired prior to July 1, 1982.
A copy of this chapter shall be provided to all employees upon hiring or promotion. However, the failure of the employer to do so shall not affect the applicability of this chapter to any employee hired 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.
Should it be alleged that an employee subject to the provisions of § 27-3 of this chapter is no longer a resident of the community, the Mayor, upon becoming aware of the allegation, shall provide the employee 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 a nonresident in violation of this chapter, the employee will be deemed to have voluntarily resigned.
In the event that the Village Board determines that it is in the best interests of the Village to do so, the provisions of § 27-3 may be waived with respect to a particular person or a particular position in accordance with these standards:
Lack of applicants. The requirement of residency may be waived in those instances where the Village has difficulty hiring persons because of the residency requirement.
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 Village.
Such a waiver shall not in any way affect the application of § 27-3 of this chapter to any other person or position.