SUBJECT: RESIDENCY REQUIREMENT
CODE: ORD VII-2
DATES: 03/23/99, 07/12/77
ELEMENTS: Section 1: City residence required: “Every person who holds a city office or a city position or who is employed by the city on a permanent basis and either full or part-time shall have an ordinary and usual place of residence in the city of Lynn as presently required by the Lynn City Charter. Any person who at the time of appointment to an office, position or employment is not a resident of the city of Lynn shall within six months following such appointment or employment establish such residence in Lynn or such appointment or employment shall be deemed to be vacated or forfeited. This provision shall apply to temporary workers.”
Section 2: Procedures Repeat of paragraph 1.
“Every person who is appointed to a city office or to city employment, or, who being a city officer or a city employee shall receive a promotion or job upgrade shall, within six months following such appointment, promotion or upgrade, file in the office of the personnel director, under the pains and penalties of perjury, a written statement listing their residence address and certification that they are a resident of the city of Lynn at such address. Certification of residency shall include copies of deeds, leases, utility bills, insurance policies, motor vehicle excise tax bills and such other evidence of occupancy or premises in Lynn as the personnel director may reasonably require.
Upon receipt of a certificate indicating a place of residence not within the city of Lynn, or if no certificate is filed within the six months period specified above, the personnel director shall notify the division head or person performing similar duties, and shall forthwith place such person on indefinite, unpaid suspension. The personnel director shall give notice of this action to the residency compliance commission and to the mayor.
To the extent permissible by law, no collective bargaining agreement hereafter entered into by the city of Lynn shall contain any provision contrary to the provision of section 8-11 and other relevant portions; of the Lynn Home Rule Charter, nor shall any absence of any provision with respect to the residency of any person hired after the date of such contract be deemed to prevent enforcement of this section.
In the event that this section shall be deemed in conflict with a provision of any general or special law, the provision of that general or special law shall govern, and shall not defeat the application of this provision with respect to any position not governed by that law.
These provisions may not be waived or suspended by the mayor, nor by the city council, nor by the mayor and city council acting jointly, with respect to a particular person or position.
The provisions of this ordinance are severable, and the action of any court of competent jurisdiction in deciding any part or portion hereof invalid, shall not act to defect any remaining part or portion hereof, and any such action deciding this ordinance invalid with respect to any position or person shall not be held to apply to any other person or position.
In construing this provision, ‘residence’ shall be the actual principal residence of the individual, where he or she normally eats and sleeps and maintains normal personal and household effects. This provision shall be deemed to affect both civil service and non-civil service employees of the city.
This provision shall not apply to a person hired by the city prior to November 8, 1979, unless such person has after said date been promoted to a higher level of employment in which event it shall apply as of the date of such promotion.
Every officer or employee shall be furnished a copy of the residency provision of the city charter and a copy of this residency requirement ordinance by the personnel department when hired and promoted, but, failure to receive such copies shall not be held to excuse any violation.”
Section 3: Residency Compliance Unit: “There shall be residency compliance unit (compliance unit) as established by the Residency Compliance Commission, within the City Clerk’s Office. The compliance unit shall have the power and authority to conduct investigations of city employees and officers where there is reason to believe that an employee or officer may be in violation of the residency requirement provision of the city charter. The compliance unit shall ensure, pursuant to the residency requirement ordinance, the filing of residency affidavits and submission of additional documentation to verify residency. Where questionable claims of residency exist, the compliance unit shall, after its investigation, forward its report to the compliance commission.”
Section 4. Residency Compliance Commission: “There shall be an unpaid residency compliance commission (“commission”) to consist of five (5) members, one (1) member shall be appointed by the mayor to serve for a term of two years which expires on the last day of June in an even numbered year and one (1) member shall be appointed by the city council to serve for a term of two years which expires on the last day of June in an odd numbered year, the city clerk, the personnel director and the city solicitor shall each serve by virtue of their office. The commission shall investigate and make findings, pursuant to the following:
The Commission shall have the power to investigate, conduct hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath and in connection therewith to require the production for examination of any documents, books, papers, or evidence relating to any matter in question or under investigation by the commission. The commission may appoint from within or without its membership a hearing officer to conduct particular hearings. Subpoena power shall be exercised by the office of the City Solicitor. The office or employee who is the subject of a hearing shall be afforded not less than seven days notice of any hearing scheduled and shall be afforded the opportunity to provide testimony, witnesses, documents and to have council present.
Should the commission, after hearing, find that an officer or employee, who is subject to the residency provision of the city charter, does not reside within the city of Lynn, the commission shall issue its findings to the employee’s division head. If the commission determines that an officer or employee, who is subject to the residency provision of the city charter, does not reside within the city of Lynn its findings shall include a statement that the employee’s failure to reside within the city of Lynn constitutes a voluntary termination of employment under home rule charter section 9-11; the residency provision and other relevant portions. The department head, or appointing authority for such officer or employee shall notify the chief financial officer to remove the employee’s name from the city payroll.
Semi-annually, the commission shall provide a written report to the mayor, who shall file a copy with the city council and with the school committee. A copy of the report shall be included in the Annual Report of the city.”
PENALTIES: Suspension, termination