[Amended 11-16-2009 by L.L. No. 6-2009]
[Added 2-11-2015 by L.L. No. 1-2015]
The legislative body determines that individuals who are employees of the City of Albany have a greater interest, commitment and more involvement with the government which employs them if the employee lives within that municipality. Thus, the Common Council believes that the public need is sufficient to require that employees hired after the effective date of this section be residents of the City of Albany. This section shall not supersede or override any other residency provision existing in state or federal law, state civil service regulation, or existing in the Code of Ordinances of the City of Albany.
All labor, skilled or unskilled, employed by or for the City of Albany, its various municipal boards, departments, officials or agents, shall be performed only by citizens of Albany, and to further observe the best interests of the taxpayers in disbursing public moneys and secure the best possible workmanship, mechanics affiliated with the trade organizations of their crafts shall be given preference in the performance of contracts wherever and wherever practicable. City of Albany residents shall be given a preference for seasonal and temporary positions.
All department heads subject to confirmation by the Common Council hired after the effective date of the law shall be residents of the City during such employment or become residents of the City within 180 days. Said department heads may petition the Common Council for a waiver of the residency requirement which may be granted by a majority vote of the Common Council. Those persons expressly exempted by the Public Officers Law of the State of New York are hereby exempt from the provision.
Residency for new employees. Except as otherwise provided by this section, the Common Council hereby establishes a residency requirement for all prospective employees of the City. Every person initially employed by the City of Albany shall, as a qualification of employment, be or become a resident of the City of Albany within 180 days of the date of initial appointment for said City. Furthermore, employees hired after the effective date of this section shall continue to be a resident of the City of Albany throughout their employment with the City, and the failure to move into the City shall be deemed a voluntary resignation. The City may require annual proof of residency from affected employees.
Board of Residency. There is hereby created by this section a Board of Residency. This Board shall consist of five members and shall consist of the Mayor of the City of Albany or the Mayor's appointee, the Corporation Counsel of the City of Albany or a representative of the Corporation Counsel and three Council members. All members of this Board shall be City of Albany residents. The Board shall have the following powers and obligations:
The Board shall meet within 30 days upon receipt of a written request of the Mayor or independently elected or appointed official heading an office, to make a determination granting or denying a one-year waiver of the residency requirement for prospective employees. The granting of the waiver exempts said employee from the provisions of this section for a one-year period. This determination shall be based upon one or more of the following criteria: a) the degree of specialization and professionalism required in any given field of employment; b) the existence of hardship such as may be determined by the Board; and c) the lack of qualified candidates residing within the City. A request for an extension of the waiver may be made and determined in the same manner provided herein for the initial request.