[HISTORY: Adopted by the Common Council of the City of Hornell 4-21-1997 by L.L. No. 2-1997. Amendments noted where applicable.]
The Common Council recognizes that emergency situations arise which require employees of the City of Hornell 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 chapter, the Common Council makes a legislative determination that those who are residents of the city take greater interest in promoting the public safety and health in the future of this community than do nonresidents who reside in areas unaffected by city services. The city further declares that such a quality is desirable for its employees. The legislative body considers that residency by its employees within the community will assure continuation of essential public services. The Common Council determines that the public need is sufficient to require that employees hired or promoted after the effective date of this chapter be residents of the city.
As used in this chapter, the following terms shall have the meanings indicated:
- For the purpose of this chapter, the actual principal domicile of an individual, where he or she normally sleeps and maintains usual personal and household effects.
Except as otherwise provided by law, the Common Council hereby establishes a residency requirement for all prospective employees. Every person initially employed by the city on or after the effective date of this chapter shall, as a qualification of employment, become a resident of the city within six months of the date of initial service for the city. During the time of service of such employee, no individual shall cease to be a resident of the city.
All employees promoted by the city or or after the effective date of this chapter shall be or within one year of such promotion shall become a resident of the City of Hornell.
A copy of this chapter 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 chapter to any employee appointed or promoted after its effective date. A copy of this chapter shall also be posted on all notice boards normally used for employee communications.
Should it be alleged that an employee is not in compliance with § 74-3 or 74-4 of this chapter, as the case may be, the Board of Public Safety 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 Board of Public Safety, the response is not sufficient to satisfy the requirements of this chapter, the Board of Public Safety shall set a date to hear the charge of nonresidence. The employee shall be sent a notice of the hearing date at least 15 calendar days prior to the hearing. A record of the hearing shall be made. Should an employee establish residency to the satisfaction of the Board of Public Safety prior to the hearing date, it shall result in a cancellation of the hearing authorized by this section.
To conduct the hearing, the Board of Public Safety may, in writing, designate an individual who for the purpose of the hearing shall be vested with all the powers of the Board of Public Safety and who shall refer the hearing record and his or her recommendations to the Board of Public Safety for review and decision. Should the Board of Public Safety determine that an employee is a nonresident in violation of this chapter, the employee shall be notified, in writing, that he or she has been deemed to have voluntarily resigned from 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.
In the event that the Board of Public Safety determines that it is in the best interest of the City of Hornell to do so, the provisions of § 74-3 or 74-4 may be waived with respect to an incumbent or incumbents of a particular title to titles accordance with the following standards:
Lack of applicants. The requirement of residency may be waived in those instances where the city has difficulty hiring or promoting the most qualified person because of its residency requirement.
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.