[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Editor's Note: This local law also repealed former Ch.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:
Domicile.
Domiciliary.
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.
