[Added 10-30-2012 by Ord. No. 2012-34]
As used in this article, the following terms shall have the meanings indicated:
EMPLOYEE
Any person employed directly by the City, a City agency or department, who is paid as an employee of the City in accordance with the IRS regulations and receives an annual W-2 wage and earning statement, regardless of the number of hours the employee works for the City.
PROMOTION
Advancement of an employee's rank or position.
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.
A. 
Every person first employed by the City on or after November 15, 2012, shall be a resident of the City of Fall River or shall, within 18 months after such person commences to be employed by the City of Fall River, establish residency within the City.
B. 
Notwithstanding the provision of this article, any employee as defined in Chapter 2, Article IV, § 2-222, of the Code of the City of Fall River shall be subject to §§ 2-223 through 2-229 of Article IV and any employee as defined in MGL c. 71, § 38 shall be subject to the provisions of MGL c. 71, § 38. Every person employed by the City before November 15, 2012, who becomes reappointed, promoted or is unilaterally transferred on or after November 15, 2012, shall not be subject to this article.
C. 
Every employee shall be furnished a copy of the residency ordinance when hired and annually thereafter and shall sign a certificate acknowledging receipt of the policy and agreeing to comply with the ordinance as a condition of continued employment. Failure to receive a copy and signing a certificate of acknowledgement shall not be held to excuse any violation.
D. 
Failure of an employee, subject to this article, to comply with this article shall be determined to be a voluntary termination of employment by such employee.
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. The names of the employees who are subject to this article who have ceased to be residents of the City subsequent to the time of employment or promotion or did not become a resident at the time of employment or promotion, or within 18 months of the commencement of employment or promotion, 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.
The Mayor, with a two-thirds vote of the City Council, is hereby authorized in his discretion, for good cause shown, to permit any officer or employee of the City to remain in the employ of the City without complying with the provisions hereof, where:
A. 
The health of any employee or a member of the employee's immediate family necessitates residence outside the City limits.
B. 
Special circumstances, including but not limited to being in the best interest of the public to do so, exist justifying residence outside the City limits.
This article shall only be enforced upon the City fulfilling its obligation to bargain with each collective bargaining unit representing the employees in the City, in accordance with the City's obligation pursuant to MGL c. 150E.
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. In the event that the provisions of this article are in conflict with the provisions of any other ordinance, the provisions of that ordinance shall be deemed repealed. The provisions hereof are severable, and the action of any court of competent jurisdiction in declaring any part or portion hereof invalid shall not act to defeat any remaining part or portion hereof, and any such action declaring this article invalid with respect to any position or person shall not be held to apply to any other person or position.