[Adopted 1-2-1980 by L.L. No. 1-1980]
[Amended 12-7-1993 by L.L. No. 10-1993; 6-18-2013 by L.L. No. 6-2013]
The Incorporated Village of Hempstead, when
hiring individuals to fulfill competitive classifications, in accordance
with § 23, Subdivision 4-a, of the Civil Service Law, will first
appoint residents of the Village of Hempstead for all or any of its
competitive classifications. Each person who is hired for a noncompetitive
classification, as per § 23, Subdivision 4-a, of the Civil Service
Law, shall be a resident of the Incorporated Village of Hempstead
upon the commencement date of his or her employment or shall become
a resident of the Village of Hempstead within 60 days from the commencement
date of employment and shall continue such residence within the Village
of Hempstead during the course of his or her employment.
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 eats and/or sleeps and maintains usual personal household
effects.
Should it be alleged that an employee subject to the provisions of this article is not, has not become or is no longer a resident of the Village of Hempstead in accordance with the provisions of § 24-18, the employee's supervisor, the personnel officer or any appropriate municipal official, upon becoming aware of this allegation, shall provide the employee with written notice of the alleged violation of this article and allow the employee seven calendar days in which to respond in writing. Regardless of whether or not a response is received, a hearing date shall be fixed by the Village to examine the charge of nonresidency. Notice of the hearing date shall be sent to the employee upon the expiration of the previously described seven-day period, which shall designate the date, time and place of hearing, which shall be at least 15 days hence. Upon a determination by a hearing officer or by the board conducting the hearing that the employee has violated the provisions of this article, the employee will be deemed to have voluntarily resigned his employment effective immediately upon that determination's being made.
In the event that the Board of Trustees determines that it is in the best interests of the public employer to do so, the provisions of § 24-18 may be waived with respect to a particular person and a particular position in accordance with the following standards:
A.
Lack of applicants. Residency requirement may be waived
where the employer has difficulty hiring because of the residency
requirement.
B.
Necessity for nonresidency. Residency requirement
may be waived where it is determined by the Board of Trustees that
residency within the Village of Hempstead is not in the best interests
of the employer.
