[Adopted 8-11-2003 by L.L. No. 7-2003]
The Board of Trustees of the Village of Springville recognizes that
emergency situations arise which require employees of the Village 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 Village Board of Trustees makes a legislative
determination that those who live in or near the Village take a greater interest
in promoting the public safety and health of our residents and have a greater
interest in the future of this community than do others. The Board of Trustees
further declares that such a quality is desirable for its employees and considers
that residency by its employees within a required residency area will assure
continuation of essential public services by well-motivated employees. It
is also determined that permitted residency in an area larger than the area
of the Village itself is desirable because the Village will be able to select
from a greater number of qualified prospective employees. The Board of Trustees
determines that the public need is sufficient to require that employees hired
or promoted after the effective date of this article be residents of the residency
area.
As used in this article, the following terms shall have the meanings
indicated:
The actual principal domicile of an individual, where he or she normally
sleeps and maintains usual personal and household effects and is the individual's
motor vehicle and tax filing address.
The Erie County towns of Boston, Colden, Collins, Concord, Eden,
Holland, North Collins and Sardinia.
Except as otherwise provided by law, the Board of Trustees hereby establishes
a residency requirement for all employees of the Village. Every person employed
by the Village of Springville on or after the effective date of this article
shall, as a qualification of employment, become a resident of the residency
area within six months of the date of initial service for the Village of Springville.
During the time of service of any employee, he or she shall have continuous
residency in the residency area.
All employees promoted by the Village of Springville on or after the
effective date of this article shall be or, within six months of such promotion,
shall become a resident of the residency area.
A copy of this article shall be provided to each employee upon his or
her initial appointment or promotion. However, a failure to do so shall not
affect the application of this article to any employee. A copy of this article
shall be posted in all locations normally used for employee communications.
A.Â
Should it be alleged that an employee is not in compliance with § 20-13 or 20-14 of this article, the Village Clerk may initiate a hearing by providing the employee with written notice of his or her alleged violation and shall allow the employee seven calendar days in which to respond. If there is a failure to respond, or if, in the judgment of the Village Clerk, the response is not sufficient to satisfy the requirement of this article, the Village Clerk shall set a date to hear the charge of nonresidence. The employee shall be sent a notice of the hearing date at least 15 days prior to the hearing. A record of the hearing shall be made. Should an employee establish residency to the satisfaction of the Village Clerk prior to the hearing date, it shall result in a cancellation of the hearing authorized by this section.
B.Â
To conduct the hearing, the Village Clerk may in writing
designate an individual who for the purpose of the hearing shall be vested
with all the powers of the Village Clerk and who shall refer the hearing record
and his or her recommendations to the Village Clerk for review and decision.
Should the Village Clerk determine that an employee is a nonresident in violation
of this article, the employee shall be notified in writing that he or she
has been deemed to have voluntarily resigned from the employment as of the
date of the determination. Upon reestablishing residency, an individual having
so resigned may apply for reinstatement to his or her former position and
shall be reinstated if the position is vacant.
A.Â
In the event that the Board of Trustees determines that it is in the best interest of the Village of Springville to do so, the provisions of § 20-13 or 20-14 may be waived with respect to an incumbent or incumbents of a particular job title or titles in accordance with the following standards:
(1)Â
Lack of applicants. The requirement of residency may
be waived in those instances where the Village has difficulty hiring or promoting
the most qualified person because of its residency requirement.
(2)Â
Necessity for nonresidence. The requirement of residency
may be waived in those instances where it is determined that residency is
not in the best interest of the municipality.
The provisions of this article are intended to be subordinate to conflicting
provisions of the Public Officers Law, the Village Law, the Civil Service
Law and any other general law of the State of New York relating
to residency of employees, except in those cases where such general laws may
be superseded by local law; in those cases, the provisions of this article
are intended to supersede any such conflicting provisions contained in the
general state law.
In the event that this article 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 law, or if adherence to or enforcement of
any section of this article shall be restrained by a court, the remaining
provisions of this article shall not be affected.
