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The residency laws for the City of Buffalo are crystal-clear, but enforcement is lax at best. This is embarrasing and maddening if you're a City resident like myself. The embarrasing thing for our great city is how "in your face" the people in power are about flaunting this law. While the Mayor of Buffalo still resides within the City boundries (albiet far from his humble roots on the rapidly declining West side), not all of his top aides do.
I've brought up time and again the embarassing facts to the Mayor and anyone else that will listen. No result.
Below I've taken the time to post the language from the City Charter. Although I'm no lawyer, it seems pretty clear that if you're a city of Buffalo employee, you MUST reside in the City. There doesn't appear to be much grey area whatsoever.
One of the more interesting pieces of language is the Annual Statements, section 24-8. It is my hope in the coming weeks and months to file requests to obtain some of the annual statements from offices in which known violators are employed. If anyone has information about known violators of the Buffalo Residency Law please email me at kernwatch@aol.com. I'll follow up on all leads received.
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| Some kernwatch.com articles related to residency:
Farina Votes From Where He Doesn't Live; The Political Party That Aims To Keep All Other Parties Honest Goes Crazy
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- Taken from the City of Buffalo Charter - CHARTER AND CODE OF THE CITY OF BUFFALO, NEW YORK, v57 Updated through 2-10-2001 THE CHARTER
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- § 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.
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