Photo by Joanne Beck
What to do when there are vacancies and few good candidates, but then qualified employees want to live beyond residency requirements for the city of Batavia?
That was a question on the table for the City Council during its conference session Monday evening after city management explained the dilemma of a Batavia Police officer. He would like to purchase a home that is “merely minutes” outside of the city residency boundaries — and therefore Chief Shawn Heubusch requested a residency waiver.
“Officer Samuel Freeman has been a member of the department since April of 2020 and has displayed a strong commitment to the department based upon him taking on additional roles,” Heubusch said in a memo to City Manager Rachael Tabelski. “Officer Freeman’s current residence meets the residency requirement, but he does not own the home. He is seeking a waiver of the residency requirement so that he may purchase his own home in a neighboring township to his current residence.
“Officer Freeman is a very dedicated officer,” Heubusch said during the meeting. “He works second platoon or the three to 11 shift. He has indicated to me he has no intentions of leaving our department. He loves it here.”
City Council has granted waivers before, usually for management positions including assistant manager and fire chief to code enforcement officer — and at one point several years ago approved 14 waivers at one time, allowing employees to live within Genesee County when it seemed more prudent to do so than risk losing employees.
Tabelski spoke about a time about five years ago when the city reconfigured its residency borders and how that may need to be recalculated.
“I provided everyone with a map so you can look at it. As you can see, several years ago, back in 2019, I'll say, yep, April of 2019, defined our border as the adjacent towns to the city. However, when you look at the 15-minute and 20-mile radius, there are actually locations where you can't live but are closer than some of the locations inside this border,” she said. “So with this waiver, if council does grant it, I'd also like permission for a work group to be assembled to reexamine the residency proposed policy for the city of Batavia, because giving away waivers isn't the point of having a residency requirement.”
When the city used to get 120 candidates for the police officer Civil Service jobs, there were just 100 this last time, Tabelski said. Recruiting and hiring is getting more difficult as it is, not even accounting for having the residency requirement on top of that, Heubusch added, which further exasperates the situation of potential loss of current employees.
“I would just add that Officer Freeman is a very dedicated member of the department. He is a field training officer. He's currently a member of our emergency response team. He has become a firearms instructor in the Department. He takes on a lot of additional responsibilities. He loves the city of Batavia and working here, but he's a country boy at heart, and he's just looking for some property so he can go hunting,” Heubusch said. “Quite honestly, that's what it boils down to. And again, we've had issues with locating candidates. To Rachael's point, we did discuss this residency back in 2019 with other department heads over here at the time. We made some changes to it. There still are issues with retention and recruiting because of our residency, it comes up from time to time. So we'd like to take a look at that.”
While the waiver is an understandable request, perhaps the issue does need a more thorough review, Councilman Bob Bialkowski said.
“Maybe we’re doing something wrong here,” he said. “At 4:30, there’s a whole line of people leaving. I’d like to see more and more people becoming stakeholders in the community.”
They all agreed that a waiver was the right thing to do now, with a workgroup appointed in the future to review the overall problem and determine if there are other solutions.
During the business meeting that followed, council approved the waiver by a vote of 6 to 0. Members David Twichell, Kathy Briggs, Al McGinnis, Eugene Jankowski, and Tammy Schmidt all said yes, and Bialkowski added, “Sadly, yes.”
