[Adopted 11-12-1991 by Ord. No. 1504]
The Council of the City of Clairton has determined that a requirement
that City employees be residents of the City of Clairton would protect
the general health, safety and welfare of the public by promoting
a greater interest in protecting the public safety and welfare of
the community, by assuring the continuation of essential public services
and by providing a greater response time to emergency situations in
the City.
As used in this article, the following terms shall have the
meanings indicated:
Any person holding a City office or employed by the City
in any capacity whatsoever, for which employment that person is receiving
regular remuneration as an officer or employee, excluding, however,
any independent contractor, persons employed as professional consultants
or persons employed on a retainer or fee basis.
A person living in or maintaining a permanent or fixed place
of abode in the City.
All employees of the City of Clairton shall, as a condition
of employment, be residents of the City at the time of initial employment
or shall become a resident within one year and shall continue to reside
in the City during the course of employment with the City, except
as otherwise provided by law or the City Charter. The provisions of
this article shall not apply to seasonal employees or to members of
a bargaining unit who are not subject to a residency requirement either
by an existing City ordinance or collective bargaining agreement at
the time of adoption of this article.
Any employee who violates the provisions hereof shall be subject
to dismissal by the City Manager. The City Manager shall give written
notice of the alleged violation to such employee, and the employee
shall have seven calendar days in which to respond, in writing, to
the notice. Within 15 days of the receipt of the employee's response
or the failure of the employee to respond, the City Manager shall
make his or her findings and recommendation concerning the alleged
violation and forward a copy of the same to the employee. Where so
provided by the personnel rules of the City, the employee shall have
the right to appeal to the Personnel Board or, in the case of bargaining
unit employees, the right to appeal under the grievance procedure
provided by the appropriate bargaining unit contract. Where no such
appeal as provided above is applicable, the recommendation of the
City Manager shall be final.
The residency requirement provided herein may be waived by the
City Council upon recommendation of the City Manager where there exists
a lack of qualified applicants or the City is prevented from hiring
or promoting the most qualified applicant because of the residency
requirement or the health of any employee or the nature of the employment
necessitates residence outside of the City or special circumstances
exist that justify residence outside of the City and it is determined
that the requirement of residency is not in the best interest of the
City.
