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Be it ordained that Section 8.4 of R.O. 1991 be amended relative to Employee Residency Requirements
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Be it hereby ordained by the Malden City Council that Chapter 8 of the Revised Ordinances of 1991 as amended be and the same is hereby further amended as follows:
-by striking out Section 8.4 its entirety and as it currently exists and inserting in place thereof the following new section 8.4:
SECTION 8.4 RESIDENCY REQUIRED; EXCEPTIONS
.1 RESIDENCY DEFINED
As used in this section, residency shall mean the actual principal place where an individual normally resides and has one's permanent home in the particular place where one eats, sleeps and maintains his or her normal personal and household effects. Evidence of residency includes, but is not limited to, a Massachusetts driver’s license and/or other issued state or federal photo identification.
.2 RESIDENCY REQUIRED
Any officer or employee of the City shall be a resident of the City of Malden. All employees who are not otherwise exempt under state law or a valid union contract shall be residents of the city or shall become residents of the city within six months of the effective date of employment; provided that this section shall apply only to persons hired after July 1, 2015 and provided further that this section may be waived with respect to a particular employee by a favorable vote of at least nine members of the City Council and the approval of the Mayor.
Being a Malden resident shall serve as a “Preferred Qualification” and shall be given preference for positions to be filled through external recruitment, including positions appointed by the Mayor or City Council. At least one Malden resident, shall be interviewed for any position to be filled.
.3 RESIDENCY EXCEPTIONS
In the event that upon the closing of the advertised posting period for applications, no person who meets the residency requirement contained in this section applies for the position, or in the event circumstances do not allow compliance with the six (6) month time requirement, and if determined by a favorable vote of at least nine members of the City Council and the approval of the Mayor to be in the best interest of the public to do so then the Human Resources Director and/or the City Council shall consider other affiliations to the City of Malden as valid substitutions in lieu of residency.
Preferred Qualification established as;
1. Applicant(s) that are a Malden Resident at the time of application and throughout the remainder of the employee’s job with the City of Malden;
2. Applicant(s) that promise to become a Malden Resident within six (6) months of starting employment and throughout the remainder of the employee’s job with the City of Malden;
3. Applicant(s) that have established a significant relationship with the City of Malden that may include but not be limited to;
a. Owning a business located in the City of Malden;
b. Owning real estate and/or other houses, buildings or structures located in the City of Malden;
c. Prior residency and/or participation in schooling located in the City of Malden;
Promises of relocation to Malden must be put in writing and said relocation must occur within six (6) months of hiring or else the terms of employment are rescinded and cause termination of employment. Failure to establish residency within the time required, failure to provide satisfactory proof of residency or submission of false information for the purpose of establishing residency shall be cause of termination of employment. The Human Resources Director may at any time require that an employee submit proof of residency.