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 8-4-2003 by L.L. No. 9-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
The purpose of this chapter is to establish an employee position vacancy control plan for the Town of Amherst, New York.
Following a retirement or resignation, no vacant position shall be filled unless a 50% savings of the total position cost (salary plus benefits) between the replacement employee and the employee leaving service can be demonstrated over the two-year period following the retirement or resignation. Department heads who believe an urgent or compelling reason exists for filling a position despite the fact that such savings cannot be realized may petition the Town Board for a waiver from the savings requirement.
[Amended 12-11-2017 by L.L. No. 25-2017]
A. 
Department heads seeking to fill positions vacated by retiring or resigning employees should submit to the Personnel Office a completed personnel action request form and a plan summary setting forth the manner in which the required savings will be achieved, along with a time frame for filling the position. The proposed savings plan will then be forwarded to and reviewed by the Personnel Director and Town Comptroller.
B. 
Within ten (10) working days of receiving the report, the Personnel Director and Town Comptroller will make a determination as to whether or not the required savings will be achieved by the proposed plan. If the plan is approved by the Personnel Director and Town Comptroller, the Town Board will then make a final determination with regard to filling the position as quickly as possible. If the review of the Personnel Director and the Town Comptroller is not received within ten (10) days, the proposal shall be submitted to the Town Board for its action, upon a review of the proposed savings.
C. 
Department heads who believe a position must be filled despite the fact that the required savings cannot be realized must submit a personnel action request form to the Personnel Office along with a request for a waiver from the savings requirement, explaining the rationale and justification for filling the position. The request and supporting documentation will then be forwarded to the Town Board. If necessary, the Board may request whatever additional data, documentation, justification or other information it deems necessary to make a proper determination with regard to filling the position.
Criteria to be weighed when considering the necessity and/or timing for filling a vacant position include, but are not limited to, concerns for public safety; impact on delivery of services to Town residents; impact on revenues generated by the Town; impact on departmental operations; costs associated with not filling the vacancy; civil service, bargaining unit and contractual issues; liability issues; and permitting or state mandate issues.
This chapter shall take effect immediately.