[L.L. No. 2-1991, §§ 1—6, 7-23-1991;
L.L. No. 5-08, 9-23-2008]
(a) Findings. Through adoption of this section, the common council makes
a legislative determination that those who are residents of the city
take a great interest in promoting the public safety, health and general
welfare of this community as do nonresidents who are employed by the
city. The common council further declares that ability, "work ethic"
and "a team player attitude" are the qualities most desirable of its
employees. The common council therefore concludes that residency by
its employees and officers within the community, while preferred,
will not be a requirement of employment. Candidate selection will
follow past practice in accordance with Civil Service Law and Rules
with the following exception: In the event there are two or more candidates
with the same qualifications and one is a city resident, the position
will be awarded to the city resident.
(b) Definition. Residency shall mean, for the purpose of this section,
the actual principal domicile of an individual, where he normally
sleeps and maintains usual personal and household effects.
(c) Residency for new employees. Except as otherwise provided by law,
the common council hereby establishes a residency requirement for
all prospective employees of the community. Every person initially
employed by the city on or after October 1, 1991, shall, as a qualification
of employment, become a resident of the city within six months of
the date of initial service for the city. During the time of service
of such employees, no individual shall cease to be a resident of the
city.
(d) Posting. A copy of this section shall be provided to all employees
upon initial appointment. However, the failure of the employer to
do so shall not affect the application of this section to any employee
appointed after its effective date. A copy of this law shall also
be posted on all notice boards normally used by the employer for employee
communications.
(e) Breach of residency requirement. Should it be alleged that an employee is not in compliance with subsection
(c) or
(d) of this section, as the case may be, the employee's supervisor, 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. Where there is failure to respond or where the response is not, in the judgment of the employee's supervisor, sufficient to satisfy the requirements of this section, the employee's supervisor shall set a hearing date to hear the charge of nonresidency and to make a record of this hearing. Should an employee establish residency to the satisfaction of the employee's supervisor prior to the hearing date, it shall result in a cancellation of the hearing authorized by this section.
(f) Hearing. 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 supervisor conducting the hearing as to whether
the employee is a nonresident in violation of this section shall be
referred to the mayor for his review and decision. Should the mayor
decide that an employee is a nonresident in violation of this section,
the employee shall be dismissed in accordance with the statutory and/or
contractual procedures, if any, applicable to him under such circumstances.
Upon re-establishing residency, an individual having so resigned may
apply for reinstatement to his position and shall be reinstated in
accordance with Civil Service Law and Rules if the position is vacant.
(g) Waiver of requirements. If the common council determines by resolution that it is in the best interests of the city to do so, the provisions of subsections
(c) and
(d) of this section 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 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 interest of the municipality.
Such a waiver shall not in any way affect the application of
subsections (c) and (d) of this section with respect to any other
title or titles.
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[L.L. No. 2-1990, §§ 1—4]
(a) Findings. The common council recognizes that positions in the building
inspection/code enforcement office require a high degree of specialization
and training, and that employees having such specialized skills and
capabilities will promote the health, safety, and general welfare
of the people of the city.
(b) Waiver of residency requirement. The common council makes a legislative
determination that the public health, safety, and welfare and the
future of this community will be enhanced by waiver of the residency
requirement for the hiring of building inspection/code enforcement
officers within the city.
(c) Definition of residency. Residency shall mean, for the purposes of
this local law, the actual principal place of domicile of an individual,
where he normally sleeps and maintains usual personal and household
effects.
(d) Filling of position by county resident. Notwithstanding any other
provision of law, the position of building inspection/code enforcement
officer may be filled and held by a person otherwise qualifying residing
in the county.