It is troubling that often folks who know nothing about city law put out repeated disinformation.
The current residency laws were implemented in the updated City Charter after many months of public discussion under the leadership of respected city attorney James Magavern.
Masielle had promised strenuous residency enforcement on all city workers in his housing platform "Neighborhoods Safe Clean & Strong" in 1993, which I helped to write.
According to the Charter the consequence of violating residency is dismissal, much more serious than a parking ticket.
Masiello proceeded to appoint four successive Residency Officers, but the law quickly became a farce because top officials scoffed at the law, starting with Masiello's Chief-of-Staff Steve Banko who lived in Hamburg, Housing Commissioner Tony Maconi who lived in Amherst, & BMHA Assis Exec Tommy Wms who moved to Clarence from WS Lafayette near Grant within months of his appointment.
And of course more recently Tony Farina is the first top city official to live in another County. The longest lived residency scofflaw is youth counsellor and city landlord Richard B May, who moved to Tonawanda in 1977 from Beatrice Ave near Ontario St.
Quickly-fired Residency Officer #2 Charles Flynn actually got me prosecuted for complaining on the Residency HOTLINE that he was not enforcing residency on top officials. The HOTLINE has also been disbanded.
Equal justice under law has long been a problem in Bflo, so the city finally just gave up enforcing the law.
I urge that SU posters who do not know anything about topics to please refrain from giving "absolute" (dis)information.
Is there any poster who actually attended any of the dozens of community meetings about City Charter revision in 1996-97?
Here is the outline of Residency Law:
http://www.kernwatch.com/residencylaw.html
CHARTER AND CODE OF THE CITY OF BUFFALO, NEW YORK, v 57 Updated through 2-10-2001 THE CHARTER
§ 24-3. Residency Requirement.
All appointed officers and employees of the City of Buffalo (except those expressly
exempted under New York law) shall be residents of the City at the time of appointment or
hire and maintain such residency during employment.
§ 24-4. Definition of Residency.
Residency shall mean a person's usual and customary place of abode where the individual
lives and regularly stays, the place where the family of any person permanently resides and
the place where any person having no family generally lodges.
§ 24-5. Verification.
Each appointing authority is responsible for verifying compliance with this residency
requirement at the time of appointment or hire and continuation of compliance during
employment.
§ 24-6. Documentation.
All relevant sources of verification or documentation must be considered in determining an
employee's residence. Where an employee's family permanently resides is a significant factor
to consider in determining the employee's residence, but it is not however the only factor that
needs to be considered. The following sources of verification or documentation should also be
considered:
Voter's Registration
Street Directory
Driver's License
Correspondence
Telephone Directory
Bank Records (Account Address)
Utility Receipts
Insurance Policies
Visual Verification
Lease Agreement
Motor Vehicle Registration
Contract for Deed
Tax Receipts
Deed of Trust
This list is not all-inclusive, nor should any one item from this list be considered as absolute
proof of residence or non-residence. All available information should be taken into
consideration.
§ 24-7. Investigation.
If the appointing authority believes that there is reason to suspect that an applicant or
employee does not reside in Buffalo, the appointing authority shall refer such case to the
commissioner of human resources for investigation.
§ 24-8. Annual Statements.
Each appointing authority will be responsible for verifying continued residency by
reexamination, on a random basis, of current residences of officers and employees. Signed
annual statements of residency will be required, subject to collective bargaining obligations.
Any officer or employee found not to be in compliance shall be terminated in accordance with
law.