[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:
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]
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.
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.
The Director of Human Resources shall prepare and maintain a
list of all persons subject to this article.
All persons defined as employees, first employed on or after
the enactment of this division, shall be residents of the City prior
to promotion or appointment to a higher classification.
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.
