A. This
residency requirement shall apply to each and every person first employed
by the city on or after July 1, 2002. Any person employed by the city
on or after such date shall be a resident of the city as of the date
of employment. During the entire period of employment, such person
shall remain a resident of the city.
B. For
the purposes of this article, "employee" means any person receiving
moneys from the city subject to withholding taxes by the state or
federal government except consultants retained by the city for specific
purposes.
(Prior revision § 2-6.2 (part); C.O. 81-37 (part); C.O. 02-41 § 1)
A. At anytime,
the mayor, a member of the city council or any resident of Revere
may file with the city clerk a written challenge to the residency
of any person subject to this article. Within ten days of receipt
of such notice, the city clerk shall notify the challenged employee
of the receipt of said notice. The challenged employee shall have
ten days from the date of said notice to provide the city clerk with
a certificate signed under the penalties of perjury stating his or
her name and place of residency.
B. 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 strike the name of the employee from
the payroll, that person shall cease to be employed by the city, and
the department head or like officer shall give notice of the action
to the city clerk who shall transmit the same to the city council,
the mayor and the treasurer. No person so stricken from a payroll
shall be reemployed by the city for a period of one year following
the cessation of his or her employment.
C. If the mayor or any member of the city council is not satisfied with the certificate provided as required in subsection
A of this section, he or she may file with the city clerk, within ten days after submission of such certificate, a written objection to the residency of the challenged employee. Upon the filing of such written objection, the city council shall hold a hearing on the challenged employee's residency within thirty days of the written objection. The procedures applicable to such hearing shall be determined solely by the city council. Following such hearing, the city council shall determine the residency of challenged employee by majority vote of the city council. If the city council determines that said employee is not a resident of Revere, then such person shall be forthwith stricken from the payroll in accordance with the provisions of subsection
B of this section.
D. In the
absence of a written challenge to the residency of any employee, or,
if challenged, the absence of an objection to the filing of a certificate
of residency with the city clerk by such employee, each employee subject
to this section shall be presumed to be a resident of the city.
(Prior revision § 2-6.2 (part); C.O. 81-37 (part); C.O. 02-41 §§ 2,
3)
Employees of the city who are residents of the city, as defined
in this article, whose employment with the city is terminated due
to statutorily mandated labor-force reductions and tax-levy reductions
shall be given first preference for reemployment with the city within
their job classification when a city position becomes available.
(Prior revision § 2-6.2 (part); C.O. 81-37 (part))
Any person acting in behalf of the city who makes payment of
wages to any person stricken from a payroll under the provisions of
this article, within one year of the date of striking, and any person
accepting such payment, shall be punished by a fine of two dollars
for each dollar so paid or accepted.
(Prior revision § 2-6.2 (part); C.O. 81-37 (part))
To the extent permitted by Chapter 31 of the General Laws, every
examination held to establish a civil service list for employment
by the city shall be restricted to city residents.
(Prior revision § 2-6.2 (part); C.O. 81-37 (part))
A. In the
event that this article is 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 that law.
B. In the
event that the mayor, with the approval of the city council, determines
it to be in the best interest of the public to do so, the provisions
of this article may be waived with respect to a particular person
or position, and such waiver shall not act to defeat the application
of this article to every other person or position. In order to obtain
a waiver, the mayor must provide the city council with a separate
written request for such waiver, including with such request a reason
or reasons why such waiver is in the best interests of the public.
The city council may grant such waiver by majority vote of the city
council. Any waiver from the requirements of this article shall be
effective only upon affirmative vote by the city council. All such
waivers shall remain on file with the city clerk.
(Prior revision § 2-6.2 (part); C.O. 81-37 (part); C.O. 02-41 § 4)
A. In construing
this article, "residence" means the actual principal residence of
the individual, where he or she normally eats and sleeps and maintains
his or her normal personal household effects.
B. This
article shall be deemed to affect both civil service and non-civil
service employees of the city.
(Prior revision § 2-6.2 (part); C.O. 81-37 (part))