[HISTORY: Adopted by the Board of Trustees of the Village of Hudson
Falls as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-18-1986 as Ch. 52 of the 1968 Code]
This article shall be known as the "Local Law Requiring Employees of
the Village of Hudson Falls to be Residents of the Village of Hudson Falls."
The legislative body of the Village of Hudson Falls recognizes that
emergency work situations arise which require employees of the Village of
Hudson Falls 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 the adoption of this article, the Village Board makes a legislative
determination that those who are residents of the Village take a greater interest
in promoting the public safety and health and in the future of this community
than do nonresidents whose families reside in areas unaffected by Village
services. The Village Board further declares that such a quality is desirable
for its employees. The legislative body considers that residency by its employees
and officers within the community will strengthen the economic status of the
Village and will encourage stability in its neighborhoods and assure continuation
of essential public services. Pursuant to the authority of law and pursuant
to determinations by the State Public Employment Relations Board, the Village
Board determines that the public need is sufficient to require that employees
fired or promoted after the effective date of this article be residents of
the Village.
As used in this article, the following terms shall have the meanings
indicated:
The actual principal domicile of an individual, where he or she normally
eats or sleeps and maintains usual personal and household effects.
A.
The Village Board hereby establishes a residency requirement
for all prospective employees of the community. Every person employed by the
Village of Hudson Falls on or after April 1, 1979, shall be a resident of
the Village of Hudson Falls or shall become a resident within six months of
the date of initial service for the Village. During the time of service of
such employees, no individual shall cease to be a resident of the Village.
All employees promoted by the Village on or after April 1, 1979, shall be,
or within six months of such promotion become, a resident of the Village of
Hudson Falls. This article shall be applicable to all employees regardless
of civil service classification.
B.
A copy of this article shall be provided to all employees
upon hire or promotion. However, the failure of the employer to do so shall
not affect the applicability of this article to any employee hired or promoted
after its effective date. A copy of this article shall also be posted on all
notice boards normally used by the employer for employee communications.
Should it be alleged that an employee subject to the provisions of § 26-4 of this article is no longer a resident of the Village, the employee's supervisor or the Village Board, upon becoming aware of the allegation, shall provide the employee with written notice of his alleged violation and shall allow the employee seven calendar days in which to respond. Regardless of whether or not a response is received, a hearing date shall be determined to examine the charge of nonresidency. The employee shall be sent a notice of the hearing date 15 days prior to the hearing. Upon a determination by a hearing officer or by a board conducting the hearing that the employee is a nonresident in violation of this article, the employee will be deemed to have voluntarily resigned.
A.
In the event that the Village Board determines that it is in the best interests of the public employer to do so, the provisions of § 26-4 may be waived with respect to a particular person or a particular position in accordance with these standards:
(1)
Lack of applicants. The requirement of residency may
be waived in those instances where the employer had difficulty hiring or promoting
persons because of the residency requirement.
(2)
Necessity for nonresidency. The requirement of residency
may be waived in those instances where it is determined that residency is
not in the best interests of the employer.
[Adopted 2-26-1980 by resolution[1]]
[1]
Editor's Note: This resolution passed referendum at a general Village
election held 3-18-1980.
The term of office shall be increased from two years to four years for
the Mayor and members of the Board of Trustees in order to improve and make
more efficient the operation of the governing body of the Village.
A.
In the year 1981, at the regular Village election, the
Mayor and two Trustees shall be elected for three years.
B.
In the year 1982, at the regular Village election, two
Trustees shall be elected for four years.
C.
In the year 1984, at the regular Village election, the
Mayor and two Trustees shall be elected for four years.
D.
Henceforth, all terms of office shall be for four years,
with elections being held every two years.
