Town of Cheektowaga, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Cheektowaga as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 12.
Code of Ethics — See Ch. 18.
[Adopted 8-1-1988 by L.L. No. 1-1988]
This article shall be known as the "Residency Law of the Town of Cheektowaga."
The Town Board recognizes that work situations arise which require prompt response; and uninterrupted public services can best be accomplished by employees who actually reside within the territorial boundaries of the town. In addition, the Town Board makes a legislative determination that employees who are residents of the town maintain a greater commitment and involvement with the town than do nonresidents, that is, those who reside in municipalities unaffected by town services. The Board also determines that the public need is sufficient to require that all employees of the Town of Cheektowaga be residents of the town.
As used in this article, the following terms shall have the meanings indicated:
EMPLOYMENT
Shall be deemed to embrace all forms of employment, including but not limited to civil service exempt, competitive and noncompetitive, and provisional employment where the compensation for such employment is provided for out of town funds.
GEOGRAPHIC LIMITS
Refers to the boundary lines of the Town of Cheektowaga as set forth on the Official Map of the Town of Cheektowaga.
RESIDENCY
The actual principal domicile of an individual, which he or she actually physically uses or occupies for living purposes, that is, where he or she normally eats, sleeps and maintains usual personal and household effects.
Except as otherwise provided by law, every employee of the Town of Cheektowaga shall, as a qualification for employment, be a resident of the Town of Cheektowaga, and shall remain a resident while so employed by the town. During employment by the town, no individual shall cease to be a resident of the town.
Any person who during the term of his or her employment ceases to be a resident of the Town of Cheektowaga shall forfeit his or her right of continued employment, and the position so occupied by such person shall thereupon be deemed vacated.
A. 
Should it be alleged that an employee is no longer a resident of the town, the employee's supervisor or other appropriate municipal officer shall provide the employee with written notice of the alleged violation and shall allow the employee seven calendar days in which to respond. Where there is a failure to respond or where a response is not, in the judgment of the employee's supervisor or other appropriate municipal official, sufficient to satisfy the requirements of this article, a hearing shall be scheduled to examine the charge of nonresidency.
B. 
The employee shall be sent a notice of the hearing date at least 15 days prior to the hearing. Upon a determination by a hearing officer or by a board conducting the hearing that an employee is a nonresident in violation of this article, the employee shall be deemed to have voluntarily resigned.
Nothing herein contained shall require the Town of Cheektowaga to limit employment as hereinabove provided with respect to any position of employment for which, by reason of special skills, aptitudes and expertise, an appropriate appointment cannot be made to fill such position with a domiciliary of the Town of Cheektowaga; but before any such exception shall become effective, it shall be necessary for the Town Board, upon certification of the necessary facts and by appropriate resolution, to exempt such position or positions from the restrictions herein contained, including the restriction on continued domicile, and the Town Board may thereupon relax such restriction by appropriate resolution, either eliminating geographic limitations or extending the same.