[L.L. No. 2-1991, §§ 1—6, 7-23-1991; L.L. No. 5-08, 9-23-2008]
(a) 
Findings. Through adoption of this section, the common council makes a legislative determination that those who are residents of the city take a great interest in promoting the public safety, health and general welfare of this community as do nonresidents who are employed by the city. The common council further declares that ability, "work ethic" and "a team player attitude" are the qualities most desirable of its employees. The common council therefore concludes that residency by its employees and officers within the community, while preferred, will not be a requirement of employment. Candidate selection will follow past practice in accordance with Civil Service Law and Rules with the following exception: In the event there are two or more candidates with the same qualifications and one is a city resident, the position will be awarded to the city resident.
(b) 
Definition. Residency shall mean, for the purpose of this section, the actual principal domicile of an individual, where he normally sleeps and maintains usual personal and household effects.
(c) 
Residency for new employees. Except as otherwise provided by law, the common council hereby establishes a residency requirement for all prospective employees of the community. Every person initially employed by the city on or after October 1, 1991, shall, as a qualification of employment, become a resident of the city 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.
(d) 
Posting. A copy of this section shall be provided to all employees upon initial appointment. However, the failure of the employer to do so shall not affect the application of this section to any employee appointed after its effective date. A copy of this law shall also be posted on all notice boards normally used by the employer for employee communications.
(e) 
Breach of residency requirement. Should it be alleged that an employee is not in compliance with subsection (c) or (d) of this section, as the case may be, the employee's supervisor, upon becoming aware of the allegation, shall provide the employee written notice of his alleged violation and shall allow the employee seven calendar days in which to respond. Where there is failure to respond or where the response is not, in the judgment of the employee's supervisor, sufficient to satisfy the requirements of this section, the employee's supervisor shall set a hearing date to hear the charge of nonresidency and to make a record of this hearing. Should an employee establish residency to the satisfaction of the employee's supervisor prior to the hearing date, it shall result in a cancellation of the hearing authorized by this section.
(f) 
Hearing. 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 supervisor conducting the hearing as to whether the employee is a nonresident in violation of this section shall be referred to the mayor for his review and decision. Should the mayor decide that an employee is a nonresident in violation of this section, the employee shall be dismissed in accordance with the statutory and/or contractual procedures, if any, applicable to him under such circumstances. Upon re-establishing residency, an individual having so resigned may apply for reinstatement to his position and shall be reinstated in accordance with Civil Service Law and Rules if the position is vacant.
(g) 
Waiver of requirements. If the common council determines by resolution that it is in the best interests of the city to do so, the provisions of subsections (c) and (d) of this section may be waived with respect to an incumbent or incumbents of a particular title or titles in accordance with the following standards:
(1) 
Lack of applicants. The requirement of residency may be waived in those instances where the employer has difficulty hiring 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 interest of the municipality.
Such a waiver shall not in any way affect the application of subsections (c) and (d) of this section with respect to any other title or titles.
[L.L. No. 2-1990, §§ 1—4]
(a) 
Findings. The common council recognizes that positions in the building inspection/code enforcement office require a high degree of specialization and training, and that employees having such specialized skills and capabilities will promote the health, safety, and general welfare of the people of the city.
(b) 
Waiver of residency requirement. The common council makes a legislative determination that the public health, safety, and welfare and the future of this community will be enhanced by waiver of the residency requirement for the hiring of building inspection/code enforcement officers within the city.
(c) 
Definition of residency. Residency shall mean, for the purposes of this local law, the actual principal place of domicile of an individual, where he normally sleeps and maintains usual personal and household effects.
(d) 
Filling of position by county resident. Notwithstanding any other provision of law, the position of building inspection/code enforcement officer may be filled and held by a person otherwise qualifying residing in the county.