[HISTORY: Adopted by the Town Board of the Town of Van Buren as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-29-1992 by L.L. No. 2-1992; amended in its entirety 3-18-2008 by L.L. No. 2-2008]
The Town Board recognizes that emergency work situations arise which require employees of the Town of Van Buren (the Town) to be near their place of employment and to assume the continuation of public services to protect the health, safety and general welfare of the people. Through adoption of this article, the Town Board makes legislative determination that those who are residents of the Town take a greater interest in promoting the public safety and health in the future of this community than do nonresidents whose families reside in areas unaffected by Town services. The Town Board further declares that such a quality is desirable for its employees. The legislative body considers that residency by its employees and officers within the community will assure continuation of essential public services. The Town Board determines that the public need is sufficient to grant employment and promotion preferences to Town residents.
As used in this article, the following terms shall have the meanings indicated:
- COMPETITIVE CLASS
- Those positions for which it is practicable to determine merit and fitness by competitive examination.
- EXEMPT CLASS
- Those positions, other than unskilled labor positions, for which competitive or noncompetitive examinations or other qualification requirements are not practicable.
- LABOR CLASS
- Unskilled labor positions, except those positions which can be examined for competitively.
- NONCOMPETITIVE CLASS
- Those positions not in the exempt class or the labor class for which it is not practicable to determine merit and fitness by competitive examination, but rather by a review of training and experience.
- TOWN RESIDENT
- Any person whose actual principal domicile where he or she normally sleeps and maintains usual personal and household effects is located in the Town of Van Buren.
In the event there is a vacancy or promotional opportunity in a new or existing position in the exempt class, noncompetitive class or labor class which the Town intends to maintain, the Town will give preference to qualified applicants who are Town residents.
In accordance with the Civil Service Law, in the event there is a vacancy in a new or existing position in the competitive class which the Town intends to maintain and a current eligible list exists, the Town will fill the vacancy by selection from the eligible list certified by the Onondaga County Civil Service Department of persons who have taken the appropriate civil service examination. In the event the list contains a sufficient number of qualified applicants who are Town residents, the Town will canvass those residents and select one of the top three available Town resident candidates on the list to fill the position, pursuant to Civil Service Law § 61. In the event the Town determines, in its sole discretion, that there are an insufficient number of qualified applicants on an eligible list who are Town residents, the Town may fill the vacancy by selection from all candidates on the list.
If any clause, sentence, paragraph, subdivision, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment is rendered.
This article shall take effect immediately upon filing in the office of the Secretary of State.