[HISTORY: Adopted by the City Council of
the City of Batavia as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-26-1981 as Ch. 103 of
the 1981 Code]
The Council of the City of Batavia pursuant
to § 77-b of the General Municipal Law delegates the power
to the City Manager to authorize attendance, by officers and employees
of the City, at conventions, conferences and schools.
A.
This shall include official or unofficial conventions,
conferences of municipal services, or any school conducted for the
betterment of municipal government if believed to be of benefit to
the City of Batavia.
B.
Prior to the authorization of such attendance, the
City Manager may confer with the Council President.
C.
Authorization shall be in writing, signed by the City
Manager.
Reimbursement for all actual and necessary expenses
shall be as provided by statute, local law, ordinances and resolutions
in such cases made and provided, and in a manner set forth by the
Manager. Approval of such expenses shall be by the Manager except
that in the case of Councilmen and the Manager, those expenses shall
additionally be approved by the Council.
[Adopted 1-13-1997 by L.L. No. 1-1997]
The City Council recognizes that emergency situations
arise which require employees of the City of Batavia 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 article, the City Council makes a legislative determination
that those who are residents of the City or the County of Genesee
take a 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 Council further declares
that such a quality is desirable for its employees. The legislative
body considers that residency by its employees within the City or
county will assure continuation of essential public services. The
City Council determines that the public need is sufficient to require
that employees hired or promoted after the effective date of this
article be residents of either the City or the county as hereinafter
stated.
Residency shall mean, for the purpose of this
article, the actual principal domicile of an individual, where he
or she normally sleeps and maintains usual personal and household
effects.
[Amended 6-25-2001 by L.L. No. 1-2001; 9-13-2004 by L.L. No.
2-2004; 7-8-2019 by L.L. No. 3-2019]
Except as otherwise provided by law, the City Council hereby establishes a residency requirement for all prospective employees. Every person initially employed by the City of Batavia on or after the effective date of this article, except those set forth in § 22-6, shall, as a qualification of employment, become a resident of the County of Genesee or any adjacent town to the County of Genesee within six months of the date of conclusion of the probationary period for the City. During the time of service of such an employee, no individual shall cease to be a resident of the County of Genesee or any adjacent town to the County of Genesee, or of the City of Batavia, depending upon the residency requirements as aforesaid.
[Amended 9-13-2004 by L.L. No. 2-2004; 7-8-2019 by L.L. No. 3-2019]
Notwithstanding § 22-5, all existing and prospective employees promoted by the City to the positions of City Manager, Assistant City Manager or Clerk-Treasurer on or after the effective date of this article shall be or within one year of such promotion, shall become a resident of the City of Batavia. During the time of employment no individual shall cease to be a resident of the City of Batavia.
A copy of this article 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 article
to any employee appointed or promoted after its effective date. A
copy of this article 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 § 22-5 or § 22-6 of this article, as the case may be, the City Council 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 City Council, the response is not sufficient to satisfy the requirements of this article, the City Council 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 City Council prior to the hearing date, it shall result in a cancellation of the hearing authorized by this section.
B.
To conduct the hearing, the City Council may in writing
designate an individual who for the purpose of the hearing shall be
vested with all the powers of the City Council and who shall refer
the hearing record and his or her recommendations to the City Council
for review and decision. Should the City Council determine that an
employee is a nonresident in violation of this article, 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.
A.
In the event that the City Council determines that it is in the best interest of the City of Batavia to do so, the provisions of § 22-5 or § 22-6 may be waived with respect to an incumbent or incumbents of a particular title or titles in accordance with the following standards:
(1)
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.
(2)
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.
