Town of Amherst, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Amherst 6-19-2006 by L.L. No. 8-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
Clerk — See Ch. 9.
Superintendent of Highways — See Ch. 52.
Supervisor — See Ch. 54.
[1]
Editor's Note: This local law also repealed former Ch. 45, Residency Requirements, adopted 4-5-1976 by L.L. No. 4-1976. It stated that it shall take effect 7-1-2006.
This chapter shall be known as "Residency Requirements."
As used in this chapter, the following words shall have the following meanings:
RESIDENCE
Domicile.
RESIDENT
Domiciliary.
TOWN SERVICE
Service as an employee of the Town of Amherst or of any agency thereof other than service exempted from municipal residence requirements pursuant to the Public Officers Law or any other state law.
Except as otherwise provided in § 45-4, any person who enters Town service on or after the effective date of this chapter shall be a resident of the Town on the date that the employee enters Town service and shall thereafter maintain residence in the Town as a condition of employment. Any employee who, on the effective date of this chapter, does not maintain his or her residence within the corporate limits of the Town of Amherst shall, within six months from the effective date of this chapter, establish residence within the corporate limits of the Town of Amherst and shall thereafter maintain residence within the Town as a condition of employment. Failure to establish or maintain Town residence as required by this section shall constitute a forfeiture of employment; provided, however, that prior to dismissal for failure to establish or maintain Town residence, an employee shall be given notice of and the opportunity to contest the charge that his or her residence is outside the Town.
The provisions of this chapter shall not apply:
A. 
To elected officials or other employees whose residence requirements are otherwise established by law; or
B. 
To any employee who is a member of a collective bargaining unit that has a valid collective bargaining agreement with the Town of Amherst, the terms of which govern the residency requirements of the members of that collective bargaining unit. At all times, however, an employee who is a member of that collective bargaining unit must maintain residence as required by the collective bargaining agreement or be subject to discipline as provided in the collective bargaining agreement; or
C. 
Where the Town Board, after investigation, determines that enforcement of the provisions of this chapter work an undue hardship upon any employee. Upon the adoption of a resolution providing therefor, the Town Board may grant such relief to the employee as the Board deems just and proper. The fact that an employee who maintains residence outside the Town on the effective date of this chapter will be required to establish residence in the Town within six months in order to comply with this law does not constitute undue hardship for purposes of this subsection; or
D. 
To any employee whose regular worksite for the Town is outside the Town; or
E. 
To any employee during a leave of absence duly granted; or
F. 
Where the Town Board, after investigation, determines that there is difficulty in the recruitment of personnel for a position and that to restrict recruitment of personnel to Town residents would not be in the public interest. The Town Board shall adopt an appropriate resolution establishing the public interest involved and the position or positions to which such waiver of the residency requirements shall apply and the time frame within which such waiver shall apply.