[Amended 11-16-2009 by L.L. No. 6-2009]
[Added 2-11-2015 by L.L.
No. 1-2015]
A.
The legislative body determines that individuals who are employees
of the City of Albany have a greater interest, commitment and more
involvement with the government which employs them if the employee
lives within that municipality. Thus, the Common Council believes
that the public need is sufficient to require that employees hired
after the effective date of this section be residents of the City
of Albany. This section shall not supersede or override any other
residency provision existing in state or federal law, state civil
service regulation, or existing in the Code of Ordinances of the City
of Albany.
B.
All labor, skilled or unskilled, employed by or for the City of Albany,
its various municipal boards, departments, officials or agents, shall
be performed only by citizens of Albany, and to further observe the
best interests of the taxpayers in disbursing public moneys and secure
the best possible workmanship, mechanics affiliated with the trade
organizations of their crafts shall be given preference in the performance
of contracts wherever and wherever practicable. City of Albany residents
shall be given a preference for seasonal and temporary positions.
C.
All department heads subject to confirmation by the Common Council
hired after the effective date of the law shall be residents of the
City during such employment or become residents of the City within
180 days. Said department heads may petition the Common Council for
a waiver of the residency requirement which may be granted by a majority
vote of the Common Council. Those persons expressly exempted by the
Public Officers Law of the State of New York are hereby exempt from
the provision.
D.
Residency for new employees. Except as otherwise provided by this
section, the Common Council hereby establishes a residency requirement
for all prospective employees of the City. Every person initially
employed by the City of Albany shall, as a qualification of employment,
be or become a resident of the City of Albany within 180 days of the
date of initial appointment for said City. Furthermore, employees
hired after the effective date of this section shall continue to be
a resident of the City of Albany throughout their employment with
the City, and the failure to move into the City shall be deemed a
voluntary resignation. The City may require annual proof of residency
from affected employees.
E.
Board of Residency. There is hereby created by this section a Board
of Residency. This Board shall consist of five members and shall consist
of the Mayor of the City of Albany or the Mayor's appointee,
the Corporation Counsel of the City of Albany or a representative
of the Corporation Counsel and three Council members. All members
of this Board shall be City of Albany residents. The Board shall have
the following powers and obligations:
(1)
The Board shall meet within 30 days upon receipt of a written request
of the Mayor or independently elected or appointed official heading
an office, to make a determination granting or denying a one-year
waiver of the residency requirement for prospective employees. The
granting of the waiver exempts said employee from the provisions of
this section for a one-year period. This determination shall be based
upon one or more of the following criteria: a) the degree of specialization
and professionalism required in any given field of employment; b)
the existence of hardship such as may be determined by the Board;
and c) the lack of qualified candidates residing within the City.
A request for an extension of the waiver may be made and determined
in the same manner provided herein for the initial request.
