Originally Posted by
cath829
After reading the case I see that it is for the City of Buffalo Common Council seat and negating his petitions for that race, not a mayoral race in the City of Lackawanna. I also see where it states the City of Buffalo's residency law which I believe is part of their municipal code/charter.
I know from reading the Lackawanna Charter/Code it is not specific as to the length of time one must "reside" in the City when deciding on running for mayor. I also know that when someone new is "hired", different from "elected", they have six months to move into the city. The code does show that every employee must reside in the City during their term of employment:
CHAPTER 5 ADMINISTRATION OF GOVERNMENT
ARTICLE IV Officers and Employees (§ 5-38 — § 5-50)
§ 5-38 Residence requirements.
A. Unless otherwise provided by law, it shall be the duty of each officer and employee of the City during the period of his or her employment by the City, to maintain his or her residence and dwelling within the corporate limits of the City.
B. The provisions of this section shall not apply to any employee during a leave of absence duly granted. Failure to comply with the provisions of this section shall constitute misconduct and shall be cause for removal in the manner provided by law.
ARTICLE VI Residency Requirements (§ 31-15 — § 31-21)
[Adopted 12-30-1987 by L.L. No. 1-1988 (Ch. 102 of the 1987 Code)]
§ 31-15 Policy and purpose.
The legislative body recognizes that emergency work situations arise which require employees of the City of Lackawanna to be near their place of employment and to assume the continuation of public services to protect health, safety, and general welfare of the people. Through the adoption of this article, the City Council makes a legislative determination that those who are residents of the City take a greater interest in promoting the public safety and health in the future of this community than do nonresidents whose families reside in areas unaffected by City services. The City Council further declares that such a quality is desirable for its employees. The legislative body considers that residency by its employees and officers within a community will assure continuation of essential public services. The City Council determines that the public need is sufficient to require that employees hired or promoted after the effective date of this article be residents of the City.
§ 31-16 Definitions.
For the purposes of this article, the following terms shall have the meanings indicated:
RESIDENCY The actual principal domicile of an individual, where he or she normally sleeps and maintains usual personal and household effects.
§ 31-17 Residency for new employees. Except as otherwise provided by law, the City Council hereby establishes a residency requirement for all prospective employees of the community. Every person initially employed by the City of Lackawanna on or after the effective date hereof shall, as a qualification of employment, become a resident of the City of Lackawanna 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.
§ 31-18 Residency upon promotion. All employees promoted by the City of Lackawanna after the effective date hereof shall be, or within one year of such promotion become, a resident of the City of Lackawanna.
§ 31-19 Distribution and posting of provisions. A copy of this article shall be provided to all employees upon initial appointment or upon promotion. However, the failure of the employer to do so shall not affect the applicability of this article to any employee appointed or promoted after its effective date. A copy of this article shall also be posted on all notice boards normally used by the employer for employee communications.
§ 31-20 Breach of residency requirement.
Should it be alleged that an employee is not in compliance with § 31-17 or 31-18 of this article, as the case may be, the employee's department or division head, having knowledge of or upon becoming aware of the allegation, shall provide the employee 14 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 department or division head, sufficient to satisfy the requirements of this article, the department or division head shall designate an officer or board to set a hearing date to hear the charge of nonresidency and to make a record of the hearing. An employee establishing residency to the satisfaction of the employee's department or division head prior to the hearing date shall result in a cancellation of the hearing authorized by this section. 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 hearing officer or board conducting the hearing as to whether the employee is a nonresident in violation of this article shall be referred to the department head for his/her review and decision. Should the department head decide that the employee is a nonresident in violation of this article, the employee shall be deemed to have voluntarily resigned from employment. Upon reestablishing residency, an individual having so resigned may apply for reinstatement to his or her former position and shall be reinstated if the position is vacant.
§ 31-21 Waiver of requirements.
A.In the event that the City Council determines that it is in the best interest of the public employer to do so, the provisions of § 31-17 or 31-18 may be waived by the Council with respect to an incumbent or incumbents with the following standards:
(1) Lack of applicants. The requirement of residency may be waived in those instances where the employer has difficulty hiring or promoting 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 interests of the employer.
B. Such a waiver shall not in any way affect the application of § 31-17 or 31-18 of this article with respect to any other title or titles.
§ 4.1 Mayor; election, term and compensation.
[Amended 8-20-1984 by L.L. No. 3-1984; 4-18-1988 by L.L. No. 3-1988; at general election 11-8-1984]
The Mayor shall be elected by voters of the City at large to serve for a term of four years beginning January 1 next following his or her election, and shall not be eligible to serve more than two consecutive terms. He or she shall be a resident and registered voter of the City. The Mayor shall be elected at the general election in the year 1963 and every four years thereafter. The Mayor shall receive such compensation as fixed by ordinance adopted by the City at any time, provided, however, that the compensation of the Mayor shall not be diminished during his or her term of office.
City of Lackawanna and Buffalo have their own Charters/Codes -
Ditto!
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