[Adopted 12-30-1987 by L.L. No. 1-1988 (Ch. 102 of the 1987 Code)]
The legislative body recognizes that emergency
work situations arise which require employees of the City of Lackawanna
to be near their place of employment and to assume the continuation
of public services to protect health, safety, and general welfare
of the people. Through the adoption of this article, the City Council
makes a legislative determination that those who are residents of
the City 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 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 and
officers within a community 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 the City.
For the purposes of this article, the following
terms shall have the meanings indicated:
The actual principal domicile of an individual, where he
or she normally sleeps and maintains usual personal and household
effects.
Except as otherwise provided by law, the City
Council hereby establishes a residency requirement for all prospective
employees of the community. Every person initially employed by the
City of Lackawanna on or after the effective date hereof shall, as
a qualification of employment, become a resident of the City of Lackawanna
within six months of the date of initial service for the City. During
the time of service of such employees, no individual shall cease to
be a resident of the City.
All employees promoted by the City of Lackawanna
after the effective date hereof shall be, or within one year of such
promotion become, a resident of the City of Lackawanna.
A copy of this article shall be provided to
all employees upon initial appointment or upon promotion. However,
the failure of the employer to do so shall not affect the applicability
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 by the employer for employee communications.
[Amended 12-18-2018]
Should it be alleged that an employee is not in compliance with § 31-17 or 31-18 of this article, as the case may be, the employee's department or division head, having knowledge of or upon becoming aware of the allegation, shall provide the employee 14 calendar days in which to respond. Where there is a failure to respond or where a response is not, in the judgment of the employee's department or division head, sufficient to satisfy the requirements of this article, the department or division head 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 employee's department or division head prior to the hearing date shall result in a cancellation of the hearing authorized by this section. The employee shall be sent a 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 department head for his/her review and decision. Should the department head decide that the employee is a nonresident in violation of this article, the employee shall be deemed to have voluntarily resigned from employment.
A.
In the event that the City Council determines that it is in the best interest of the public employer to do so, the provisions of § 31-17 or 31-18 may be waived by the Council with respect to an incumbent or incumbents with the following standards:
(1)
Lack of applicants. The requirement of residency may
be waived in those instances where the employer has difficulty hiring
or promoting the most qualified person 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.
