[Adopted 4-15-1985 by L.L. No. 2-1985]
The Board of Trustees recognizes that emergency work situations and emergencies arise which require employees of the Village of Hamburg to be near their place of employment and to assure the continuation of public services to protect health, safety and general welfare of the people. The Board of Trustees considers that residency by village employees and officers within the community will assure continuation of essential public services. The Board of Trustees determines that the public need is sufficient to require that employees hired after the effective date of this article be residents of the Village of Hamburg.
As used in this article, the following terms shall have the meanings indicated:
RESIDENCY
The actual principal domicile of an individual, where he/she normally sleeps and maintains usual personal and household effects.
A. 
Except as otherwise provided by law, the Board of Trustees hereby establishes a residency requirement for all employees of the village. Every person commencing employment with the Village of Hamburg shall become a resident of the Village of Hamburg within six months of the date of initial service for the village. No individual shall cease to be a resident of the village during the term of such service.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The Clerk-Treasurer, Superintendent of Public Works, Chief of Police, Recreation Supervisor and Village Attorney in office or appointed and acting on the effective date of this article must be and must continue to be residents of the Village of Hamburg as long as such persons hold such offices or positions.
A copy of this article shall be provided to all employees upon initial appointment. However, the failure to do so shall not affect the applicability of this article to any employee appointed after its effective date. A copy of this article shall also be posted on all notice boards normally used for employee communication.
A. 
Should it be alleged that an employee is not in compliance with § 54-6 of this article, the Mayor upon becoming aware of the allegation shall provide the employee written notice of his or her 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 Mayor, sufficient to satisfy the requirements of this article, the Mayor shall designate an officer or board to set a hearing date to hear the charge of nonresidency and to make a record of the hearing. An employee establishing residency to the satisfaction of the Mayor prior to the hearing date shall result in a cancellation of the hearing authorized by this section.
B. 
The employee shall be sent notice of the hearing date at least 15 days prior to the hearing. The hearing record and the determination of the hearing officer or board conducting the hearing as to whether the employee is a nonresident in violation of this article shall be referred to the Mayor for his or her review and decision. Should the Mayor decide that the employee is a nonresident in violation of this article, the employee shall be deemed to have voluntarily resigned from employment. 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 has not been filled or is still vacant.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 9-21-2020 by L.L. No. 2-2020]
In the event that the Board of Trustees determines that it is in the best interest of the Village to do so, the provisions of § 54-6 may be waived with respect to an employee, employees or prospective employee in accordance with the following standards:
A. 
Lack of applicants. The requirement of residency may be waived in those instances where the Board of Trustees has difficulty hiring person because of the residency requirement.
B. 
Necessity for nonresidency. The requirement of residency may be waived or modified, upon any conditions the Board of Trustees may impose, in those instances where it is determined that requiring the residency is not in the best interests of the Village. In making this determination, the Board of Trustees may consider the requirements of the job title, the housing market within the Village at the time, the financial capabilities of the employee/prospective employee, the housing needs of the employee/prospective employee and any other information the Board of Trustees deems relevant. Such a waiver or modification, and any conditions imposed thereon, shall be by resolution of the Board of Trustees and shall not in any way affect the application of § 54-6 of this article with respect to any other title, titles, employee or prospective employee.