[HISTORY: Adopted by the Town Board of the
Town of Van Buren as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-29-1992 by L.L. No. 2-1992;
amended in its entirety 3-18-2008 by L.L. No. 2-2008]
The Town Board recognizes that emergency work
situations arise which require employees of the Town of Van Buren
(the Town) 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
Town Board makes legislative determination that those who are residents
of the Town take a greater interest in promoting the public safety
and health in the future of this community than do nonresidents whose
families reside in areas unaffected by Town services. The Town 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 assure continuation of essential
public services. The Town Board determines that the public need is
sufficient to grant employment and promotion preferences to Town residents.
As used in this article, the following terms
shall have the meanings indicated:
Those positions for which it is practicable to determine
merit and fitness by competitive examination.
Those positions, other than unskilled labor positions, for
which competitive or noncompetitive examinations or other qualification
requirements are not practicable.
Unskilled labor positions, except those positions which can
be examined for competitively.
Those positions not in the exempt class or the labor class
for which it is not practicable to determine merit and fitness by
competitive examination, but rather by a review of training and experience.
Any person whose actual principal domicile where he or she
normally sleeps and maintains usual personal and household effects
is located in the Town of Van Buren.
In the event there is a vacancy or promotional
opportunity in a new or existing position in the exempt class, noncompetitive
class or labor class which the Town intends to maintain, the Town
will give preference to qualified applicants who are Town residents.
In accordance with the Civil Service Law, in
the event there is a vacancy in a new or existing position in the
competitive class which the Town intends to maintain and a current
eligible list exists, the Town will fill the vacancy by selection
from the eligible list certified by the Onondaga County Civil Service
Department of persons who have taken the appropriate civil service
examination. In the event the list contains a sufficient number of
qualified applicants who are Town residents, the Town will canvass
those residents and select one of the top three available Town resident
candidates on the list to fill the position, pursuant to Civil Service
Law § 61. In the event the Town determines, in its sole
discretion, that there are an insufficient number of qualified applicants
on an eligible list who are Town residents, the Town may fill the
vacancy by selection from all candidates on the list.
If any clause, sentence, paragraph, subdivision,
section or part of this article shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such
judgment is rendered.
This article shall take effect immediately upon
filing in the office of the Secretary of State.
