[Added 9-14-2010 by Ord. No. 2010-25]
As used in this division, the following terms shall have the respective meanings ascribed to them:
EMPLOYEE
Any person appointed, reappointed, elected, selected or chosen to serve on all authorities, advisory boards, boards, commissions or committees, whether compensated or not for such service.[1]
RESIDENCE
The actual principal residence of the individual where such individual normally eats and sleeps and maintains such individual's normal personal and household effects. This article shall be deemed to affect both civil service and non-civil service employees of the City.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions).
A. 
Every person first employed by the City on or after the enactment of this division shall be a resident of the City.
B. 
Every person first employed by the City on or after the enactment of this division shall not cease to be a resident of the City during such person's employment with the City.
C. 
Every person reappointed, re-elected or re-selected to serve on any authority, advisory board, board, commission or committee on or after the enactment of this division shall be a resident of the City and shall not cease to be a resident of the City during the term for which said person was reappointed, re-elected or re-selected.
To the extent permitted by MGL c. 31, the names of residents of the City will be requested by all appointing authorities to be certified ahead of persons who do not so reside in making appointments from eligible lists established by the Division of Personnel Administration for the commonwealth.
In the event that the Mayor and the City Council determine it to be in the best interest of the public to do so, the provisions hereof may be waived with respect to a particular person or position, by a two-thirds vote of the City Council, and such waiver shall not act to defeat the application of this article to every other person or position.
In the event that, upon the closing of the advertised posting period for applications, no person who meets the residency requirement contained in this division applied for the position, a waiver shall take effect by operation of law and no further action by the Mayor or City Council shall be required. The provisions of this section shall apply equally to initial appointments or promotional appointments.
Annually, on July 1, every person subject to this article shall file with each such person's department head, or like officer, a certificate signed under the pains and penalties of perjury, stating such person's name and place of residence as defined herein. Upon receipt of a certificate indicating a place of residence not within the City, or if no such certificate is filed, the department head or like officer shall forthwith notify the Director of Human Resources of employees who are not residents and who were employed on or after the enactment of this division. The names of the employees who were so employed and have ceased to be residents of the City shall be stricken from the payroll and those persons shall cease to be employed by the City. The department head or like officer shall give notice of such action to the Director of Human Resources, the City Treasurer, and the City Auditor. The Director of Human Resources shall transmit the same to the Mayor and the City Council. No person so stricken from a payroll shall be reemployed by the City for a period of one year following the cessation of such person's employment.
In the event that this article shall be deemed to be in conflict with a provision of any general or special law, the provision of that general or special law shall govern and shall not defeat the application of this article with respect to any position not governed by the law. Any action of a court of competent jurisdiction declaring this article invalid with respect to any position or person shall not be held to apply to any other person or position.