[HISTORY: Adopted by the Board of Trustees
of the Village of Waterloo 12-13-1999 by L.L. No. 7-1999.
Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Residency Law of the Village of the Village of Waterloo, New
York."
The Board of Trustees recognizes that emergency
work situations arise which require employees and officers of the
Village of Waterloo to be near their place of employment to assure
the continuation of public services to protect the health, safety
and general welfare of the people. Through adoption of this chapter,
the Board of Trustees makes a legislative determination that those
who are residents of the Village take a greater interest in promoting
the public safety and health in the future of the Village than do
nonresidents whose families, reside in areas unaffected by Village
services. The Board of Trustees further declares that such a quality
is desirable for its employees and officers, other than firemen. The
Board of Trustees considers that residency by its employees and officers,
other than firemen, within the Village will assure continuation of
essential public services. The Board of Trustees determines that the
public need is sufficient to require that employees and officers,
other than firemen, appointed by the Village of Waterloo after the
effective date hereof, be residents of the Village of Waterloo. Except
as otherwise provided by law, the Board of Trustees hereby establishes
a residency requirement for all employees and officers, other than
firemen, of the Village appointed after the effective date hereof.
As used in this chapter, the following terms
shall have the meanings indicated:
The actual domicile of an individual, where he or she normally
sleeps and maintains usual personal and household effects.
Every person, other than firemen, permanently
appointed by the Village of Waterloo on or after the effective date
hereof shall, as a qualification of employment, be or become a resident
of the Village of Waterloo within six months of the date said person
is permanently appointed, and during the employment of such person
he or she shall remain a resident of the Village of Waterloo and shall
not cease to be a resident of the Village.
Within 10 days of the effective date of this
chapter, a copy of this chapter shall be delivered to all employees
and officers of the Village of Waterloo and a copy of this chapter
shall be posted on all notice boards normally used by the Village
of Waterloo for employee and officer notices and communications.
A.
Should it be alleged that an employee or officer of the Village of Waterloo is not in compliance with either § 49-4 or 49-5 of this chapter, as the case may be, the Village Clerk, upon becoming aware of the allegation, shall deliver to the employee or officer written notice of his or her alleged violation of this chapter and shall allow the employee or officer seven calendar days in which to respond. In the event of a failure to respond or in the event that the response is not, in the judgment of the Village Clerk, sufficient to satisfy the requirements of this chapter, the Board of Trustees shall designate a hearing officer and set a date to hear the charge of nonresidence. A record of the hearing shall be made. Should an employee or officer establish residency to the satisfaction of the Village Clerk prior to the hearing date, it shall result in a cancellation of the hearing authorized by this section.
B.
At least 15 calendar days prior to the date of such
hearing, notice of such hearing shall be mailed to such employee or
officer to the address of such employee or officer appearing on the
payroll records of the Village of Waterloo.
C.
The hearing record and the determination of the hearing
officer conducting the hearing as to whether the employee or officer
is a nonresident in violation of this chapter shall be referred to
the Board of Trustees for its review and decision. Should the Board
of Trustees determine that an employee or officer is a nonresident
in violation of this chapter, the employee or officer shall be deemed
to have voluntarily resigned his or her employment or office, as the
case may be.
D.
Upon reestablishing residency, a person having so
resigned may apply for reinstatement to his or her former employment
or office and shall be reinstated if the employment or office still
exists and is vacant.
E.
The determination of the Board of Trustees shall be
subject to judicial review in a proceeding brought pursuant to Article
78 of the Civil Practice Law and Rules commenced within 30 days of
the date upon which such determination is made and filed in the office
of the Village Clerk and a copy thereof personally served upon such
employee or officer.
In the event that the Board of Trustees determines that it is in the best interest of the Village of Waterloo to do so, the provisions of § 49-4 or 49-5 of this chapter may be waived with respect to an incumbent or incumbents of a particular employment or office in accordance with the following standards:
In the event that any provision of this chapter
shall be determined by a court of competent jurisdiction to be in
conflict with the New York State Constitution or any general law of
the State of New York, or if adherence to or enforcement of any provision
of this chapter shall be restrained by such court, the remaining provisions
of this chapter shall not be affected.
