(A) New employees.
(1) Any person newly hired on or after the effective date of this section as a non-probationary full-time employee of the village, to be employed in any department operated by the village, shall be a bona fide resident of the village, maintaining his or her permanent domicile within the village limits for the duration of his or her employment.
(2) However, if, at the date of hiring, the person maintains his or her permanent domicile outside the village limits, he or she shall have a period of one year from the date of hiring within which to establish his or her permanent domicile within the village.
(B) New probationary employees.
(1) Any person newly hired on or after the effective date of this section as a probationary employee of the village, to be employed on a probationary basis in any department operated by the village, shall be a bona fide resident of the village, maintaining his or her permanent domicile within the village limits for the duration of the probationary period, and continuing for the duration of regular full- time employment.
(2) However, if, as of the date of hiring as a probationary employee, the person maintain his or her domicile outside the village limits, he or she shall have a period of one year from the date of the successful completion of the probationary period within which to establish his or her permanent domicile within the village.
(C) Appointed department heads.
(1) Any person newly appointed to the position of department head of any department operated by the village shall be a bona fide resident of the village, maintaining his or her permanent domicile within the village limits for the duration of his or her appointment.
(2) However, if, at the time of appointment, the person maintains his or her permanent domicile outside the village limits, he or she shall have a period of one year from the date of appointment within which to establish his or her permanent domicile within the village.
(D) Current probationary employees.
(1) Any person employed by the village who is serving a probationary period as of the effective date of this section, shall be a bona fide resident of the village maintaining his or her permanent domicile within the village limits for the duration of the probationary period, and continuing for the duration of regular full-time employment.
(2) However, if, as of the effective date of this section, the probationary employee maintains his or her domicile outside the village limits, he or she shall have a period of one year from the date of the successful completion of the probationary period within which to establish his or her permanent domicile within the village.
(E) Current non-probationary employees and appointees.
(1) All persons currently employed as of the effective date of this section as non-probationary police officers and firefighters shall each be subject, during the period of service, to the residency requirements which were in effect in the village at the date he or she entered service upon the successful completion of his or her probationary period, unless less restrictive requirements were subsequently enacted in which case the less restrictive requirements shall control, all as provided by the Board of Fire and Police Commissioners Act, ILCS Ch. 65, Act 5, § 10-2.1-6.
(2) All other persons currently employed as of the effective date of this section as non- probationary full-time employees of the village shall be subject, during the period of employment, to the residency requirements in effect in the village at the date he or she was first hired as a non-probationary full-time employee, unless less restrictive requirements were subsequently enacted, in which case the less restrictive requirements shall control.
(3) All other persons currently employed as of the effective date of this section who were first employed by the village on a probationary basis shall be subject, during the period of employment, to the residency requirements in the village at the date of the successful completion of the probationary period, unless less restrictive requirements were subsequently enacted, in which case, the less restrictive requirements shall control.
(4) All persons appointed as department heads as of the effective date of this section shall be subject, during the period of this current appointment, to any residency requirements which were made as a condition of that appointment.
(F) Annual statement. All full-time employees and department head appointees shall be required to file annually with the Village Clerk a statement verifying the address of his or her permanent domicile.
(G) Exclusions. Divisions (A) through (F) of this section shall not apply to any person hired or appointed who is supplying services on a limited contractual basis and who is actually in the employ of another governmental unit and/or private organization; or where such employment or office requires special technical training, skill and knowledge.
(H) Penalty.
(1) Any employee or department head appointee, except an employee of the Police and Fire Departments appointed by the Board of Police and Fire Commissioners, who shall fail to abide by the terms of the residency requirements set forth in this section, shall be notified in writing by the Village Clerk. The notice shall be delivered personally to the employee, informing him or her of the failure to abide by the terms of the residency requirements and setting the matter for hearing before the President and Board of Trustees within ten days.
(2) At the hearing, the employee shall have an opportunity to be heard, and to be represented by counsel.
(3) If, after the hearing, the President and Board of Trustees, by a majority vote, determine that the employee is not a bona fide resident and there is not just reason for the employee's failure to abide by the terms of the residency requirements, then the President and Board of Trustees may order that the employees be dismissed.
(4) Any employee of the Police or Fire Department who is appointed by the Board of Fire and Police Commissioners, and who fails to abide by the terms of the residency requirements set forth herein, shall be subject to disciplinary procedures pursuant to ILCS Ch. 65, Act 5, § 10-2.1-17.
(I) Extensions.
(1) Upon written request of any employee or department head appointee, the Village President may extend, for a period not exceeding 30 days, the time within which the person is to establish his or her permanent domicile in the village, upon good cause shown by the employee or appointee for documented extenuating circumstances.
(2) In no event shall the Village President consider more than three such requests from any individual employee or appointee for a total extension of 90 days.
(3) Any written requests for extensions beyond 90 days shall be submitted to the Board of Trustees who shall conduct a hearing on the request. At the hearing the employee shall have an opportunity to be heard regarding the extenuating circumstances.
(4) After the hearing, the President and Board of Trustees, by majority vote, shall determine if the request for extension should be granted.
(`95 Code, § 31.10) (Ord. 89-1, passed 1-25-89)