[HISTORY: Adopted by the Board of Trustees of the Village
of Amityville 12-14-2009 by L.L. No. 17-2009.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law provided that it shall take
effect on January 2, 2010, subject to acceptance and filing by the
Secretary of State.
The legislative body of the Village of Amityville notes that
unemployment within the community is currently rising. It is further
recognized that emergency work situations arise which require employees
of the Village of Amityville 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 the adoption of
this chapter, the Board of Trustees makes a legislative determination
that those who are residents of the Village take a greater interest
in promoting the public safety and health and in the future of this
community than do nonresidents whose families reside in areas unaffected
by Village services. The Board of Trustees further declares that such
a quality is desirable for its employees. The Board of Trustees considers
that residency by its employees and officers within a community will
strengthen the economic status of the Village and will encourage stability
in its neighborhoods and assure continuation of essential public services.
Pursuant to the applicable state law and pursuant to determinations
by the State Public Employment Relations Board, the Board of Trustees
determines that the public need is sufficient to require that current
Village employees, not otherwise affected by the provisions of this
Code or collective bargaining agreements, laws and regulations, who
reside in the Village as of the effective date of this chapter and
those employees hired after the effective date of this chapter, be
residents of the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
The actual principal domicile of an individual, where he
or she normally eats or sleeps and maintains usual personal and household
effects.
[Amended 3-8-2010 by L.L. No. 2-2010]
The Board of Trustees hereby continues a residency requirement
for all current employees, not otherwise affected by other provisions
of this Code or any collective bargaining agreements, laws and regulations
and all prospective employees of the Village. Every employee hired
prior to February 1, 1981, not otherwise affected by other provisions
of this Code or any collective bargaining agreements, laws and regulations,
and every person employed by the Village of Amityville on or after
February 1, 1981, shall be or remain a resident of the Village of
Amityville or shall become a resident within six months of the date
of completion of his or her probationary period for the Village. During
the time of service of such employees, no individual shall cease to
be a resident of the Village. This chapter shall be applicable to
all employees regardless of civil service classification. A copy of
this chapter shall be provided to all employees and prospective employees.
However, the failure of the employer to do so shall not affect the
applicability of this chapter to any employee. A copy of this chapter
shall also be posted on all notice boards normally used by the employer
for employee communications.
Should it be alleged that an employee subject to the provisions of § 26-3 of this chapter is no longer a resident of the Village, the Mayor, upon becoming aware of the allegation, shall provide the employee written notice of his alleged violation and shall allow the employee seven calendar days in which to respond. Regardless of whether or not a response is received, a hearing date shall be determined to examine the charge of nonresidency. The employee shall be sent a notice of the hearing date 15 days prior to the hearing. Upon a determination by a hearing officer or by the Board conducting the hearing that the employee is a nonresident in violation of this chapter, the employee will be deemed to have voluntarily resigned.
A.
In the event that the Board of Trustees determines that it is in the best interests of the Village to do so, the provisions of § 26-3 may be waived with respect to a particular person or a particular position in accordance with these standards:
(1)
Lack of applicants. The requirement of residency may be waived in
those instances where the Village has difficulty hiring persons because
of the residency requirement.
(2)
Necessity for nonresidency. The requirement of residency may be waived
in those instances where it is determined that residency is not in
the best interests of the Village.
In the event that this chapter or any provision of it shall
be deemed by a court to be in conflict with a provision of the New
York State Constitution or with a provision of a general state law,
or if adherence to or enforcement of any section of this chapter should
be restrained by a court, the remaining provisions of this chapter
shall not be affected.
Notwithstanding any other general or special law, no person
shall be eligible to be appointed to or hold the office of Village
Clerk, Deputy Clerk, Village Treasurer or Deputy Treasurer in the
Village of Amityville unless such person is a resident of the Village,
a resident of the portion of Suffolk County outside said Village or
a resident of Nassau County at the time of such appointment.
