[HISTORY: Adopted by the Common Council of
the City of Hornell 4-21-1997 by L.L. No. 2-1997; amended in its entirety 11-19-2019 by L.L. No.
3-2019. Subsequent amendments noted where applicable.]
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.
Every person employed on a full-time basis by the City of Hornell
shall reside within a fifteen-mile radius of the City of Hornell's
boundaries, as a qualification of employment, within six months of
the date of the initial service of the City of Hornell. During the
time of service of such employee, no individual shall cease to be
a resident within the fifteen-mile radius except for seasonal or part-time
workers.
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.
A.
Should it be alleged that an employee is not in compliance with § 74-3 of this chapter as the case may be, the Law and Ordinance Committee for the Common Council for the City of Hornell 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 Law and Ordinance Committee for the Common Council for the City of Hornell, the response is not sufficient to satisfy the requirements of this chapter, the Law and Ordinance Committee for the Common Council for the City of Hornell 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 residence to the satisfaction of the Law and Ordinance Committee for the Common Council for the City of Hornell prior to the hearing date, it shall result in a cancellation of the hearing authorized by this section.
B.
To conduct the hearing, the Law and Ordinance Committee for the Common
Council for the City of Hornell may, in writing, designate an individual
who, for the purpose of the hearing, shall be vested with all the
powers of the Law and Ordinance Committee and who shall refer the
hearing record and his or her recommendations to the Law and Ordinance
Committee for review and decision. Should the Law and Ordinance Committee
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 residence, 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 committee shall be appointed to decide and administer the residency waiver process in the City of Hornell. The committee shall consist of the Mayor, the senior-most Public Safety Commissioner, and the senior-most Public Works Commissioner. Said committee shall determine if it is in the best interests of the City of Hornell to waive the provisions of § 74-2 in regard to any employee or potential employee according to the following standards:
A.
Lack of
applicants. The requirement of residency may be waived in those instances
where the City of Hornell has difficulty hiring or promoting a person
who holds necessary certifications and/or licenses required of a specific
position because of its residency requirement.
