[HISTORY: Adopted by the Town Board of the Town of Cheektowaga as
indicated in article histories. Amendments noted where applicable.]
[Adopted 8-1-1988 by L.L. No. 1-1988]
This article shall be known as the "Residency Law of the Town of Cheektowaga."
The Town Board recognizes that work situations arise which require prompt
response; and uninterrupted public services can best be accomplished by employees
who actually reside within the territorial boundaries of the town. In addition,
the Town Board makes a legislative determination that employees who are residents
of the town maintain a greater commitment and involvement with the town than
do nonresidents, that is, those who reside in municipalities unaffected by
town services. The Board also determines that the public need is sufficient
to require that all employees of the Town of Cheektowaga be residents of the
town.
As used in this article, the following terms shall have the meanings
indicated:
- EMPLOYMENT
- Shall be deemed to embrace all forms of employment, including but not limited to civil service exempt, competitive and noncompetitive, and provisional employment where the compensation for such employment is provided for out of town funds.
- GEOGRAPHIC LIMITS
- Refers to the boundary lines of the Town of Cheektowaga as set forth on the Official Map of the Town of Cheektowaga.
- RESIDENCY
- The actual principal domicile of an individual, which he or she actually physically uses or occupies for living purposes, that is, where he or she normally eats, sleeps and maintains usual personal and household effects.
Except as otherwise provided by law, every employee of the Town of Cheektowaga
shall, as a qualification for employment, be a resident of the Town of Cheektowaga,
and shall remain a resident while so employed by the town. During employment
by the town, no individual shall cease to be a resident of the town.
Any person who during the term of his or her employment ceases to be
a resident of the Town of Cheektowaga shall forfeit his or her right of continued
employment, and the position so occupied by such person shall thereupon be
deemed vacated.
A.
Should it be alleged that an employee is no longer a
resident of the town, the employee's supervisor or other appropriate
municipal officer shall provide the employee with written notice of the alleged
violation and shall allow the employee seven calendar days in which to respond.
Where there is a failure to respond or where a response is not, in the judgment
of the employee's supervisor or other appropriate municipal official,
sufficient to satisfy the requirements of this article, a hearing shall be
scheduled to examine the charge of nonresidency.
B.
The employee shall be sent a notice of the hearing date
at least 15 days prior to the hearing. Upon a determination by a hearing officer
or by a board conducting the hearing that an employee is a nonresident in
violation of this article, the employee shall be deemed to have voluntarily
resigned.
Nothing herein contained shall require the Town of Cheektowaga to limit
employment as hereinabove provided with respect to any position of employment
for which, by reason of special skills, aptitudes and expertise, an appropriate
appointment cannot be made to fill such position with a domiciliary of the
Town of Cheektowaga; but before any such exception shall become effective,
it shall be necessary for the Town Board, upon certification of the necessary
facts and by appropriate resolution, to exempt such position or positions
from the restrictions herein contained, including the restriction on continued
domicile, and the Town Board may thereupon relax such restriction by appropriate
resolution, either eliminating geographic limitations or extending the same.
