11-25-13 Common Council Agenda & Packet

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BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8 THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2-116.1 CITY RESIDENCY REQUIREMENTS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council recognizes that Indiana Code § 3-5-5-0.2 through Indiana Code § 3-5-5-18 is a chapter entirely devoted to "Standards for Determining Residency" which applies to voters, candidates and persons holding an elected office. This chapter was updated with the passage of Public Law 258-2013 which took effect on July 1, 2013. The Common Council further recognizes there are several Indiana state laws which address residency requirements such as Indiana Code § 36-8-4-2 which address residency requirements for swom members of the police and fire departments; Indiana Code § 36-479-11 which address residency requirements for the head of the Department of Law in 2"d and 3'd class Indiana cities, and all of the various residency requirements for persons wishing to run for elected office of municipality. The South Bend Common Council passed Ordinance No. 6002-76 on July 26, 1976 which established residency requirements for "all persons appointed to any office or selected for any employment by the city of South Bend, or any department, agency, or subdivision thereof..." That ordinance remained in effect for almost ten (10) years. It was subsequently repealed when Ordinance No. 7621-86 was passed on April 1, 1986 noting that "a substantial part of the City's workforce, namely sworn police officers and sworn firefighters" were exempt in light of governing state law and that there were difficulties 'overseeing and enforcing" the regulations. In Guserreile v. Citt- of H ood River. 374 F. 3d 569 (7`s Cir. 2004), the Court of Appeals affirmed the District Court's decision which involved city residency requirements. The overall benefits to the City of South Bend by having residency requirements for all full-time and part-time employees, who are not exempted by Indiana state law, would have positive effects on housing, taxes. public education, and the potential to capture more monies in having their participation in eating venues, cultural venues, etc. which are located within the City of South Bend. Furthermore, by utilizing "Employment Eligibility Verification Form 1-9" which has been in effect since November 6. 1986, requiring employers to verify an employee's identity, past difficulties experienced by the City related to implementation and enforcement may be eliminated. Unless provided otherwise. Indiana continues to abide by the employment-at-will doctrine where by employment may be terminable by either party, at any time and with or