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HomeMy WebLinkAboutAmending Chapter 2 Section 2-116(A) Residence RequirementsORDINANCE No. 6002 -76 Passed by the Common Council of the City of South Bend, IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Julv 2 7 ,,. 7 Approved and signed by me L Lf ajt� -5f' � Clerk Of Common Council IRENE K. GAMMON Clerk ORDINANCE NO. (pO O Q —') AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 8, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA BY THE ADDITION OF SECTION 2- 116(A) COMMONLY REFERRED TO AS RESIDENCE REQUIREMENTS, REQUIRING SOUTH BEND CITY EMPLOYEES TO LIVE IN SOUTH BEND, INDIANA. STATEMENT OF PURPOSES AND INTENT The City of South Bend through its Common Council is compelled to provide the most efficient and responsive government for its citizens. The Council recognizes that an important job require- ment of those who aspire to serve this community, either in policy - making or service - oriented capacities, is to gain further respect for and appreciation of its residents and their problems. The Common Council has the further responsibility to provide procedures which would enhance the quality of City employee per- formance. It should foster an atmosphere which would promote greater personal feelings in city employees and their stake in the City's progress. Fiscal responsibility further mandates that pro- cesses be developed which would enhance the general economic bene- fits of local expenditures allocated to salaries and compensation. Furthermore, the Council must ensure that certain City employees be able to respond to emergencies when called upon in their official duties. Since the Common Council believes that many of these objectives can be achieved by the establishment of reasonable procedures and sanctions, it thereby sets forth in this Ordinance the necessary amendments to establish residence requirements for City employees. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. Chapter 2, Article 8 Section 116(A) of the Munici- pal Code of the City of South Bend, Indiana, is hereby amended to read in its entirety as follows: SEC. 2- 116(A). RESIDENCE REQUIREMENTS (a) All persons appointed to any office or selected for any employment by the City of South Bend, or any department, agency, or subdivision thereof; shall be bona fide residents of the City within a maximum of six (6) months of the effective date of such appointment or employment. (b) For the purposes of this Section the following definitions are incorporated: (1) "A bona fide resident of the City" is a person who maintains his permanent place of domicile within the City limits for a minimum period of nine (9) months of pvpry nalpndAr vpare (3) "Permanent Place of Domicile" is any home, abode, or dwelling maintained by an employee for a minimum period of nine (9) months of every calendar year, as his one permanent home, abode, and dwelling as manifested by his declarations and acts thereto. (c) Upon the request of the Office of Personnel, every City employee shall file proof by affidavit of his permanent place of domicile. (d) Any employee of the City of South Bend who fails to establish that he is a bona fide resident of the City within six (6) months of his appointment or employment; or any employee who moves out of the City limits after securing employment with the City shall be held in violation of this Code and terminated from employment. (e) Any present employee of the City of South Bend whose permanent place of domicile does not meet the residence requirements established by this Code or any present employee of the City of South Bend who has already entered into a construction agreement for the construction of a residential dwelling not within the city limits of South Bend, or who has been issued a building permit or license pro- perly authorized by St. Joseph County Government, or another munici- pality within St. Joseph County, prior to the enactment of this ordinance shall not be held in violation thereof. However, this exemption shall be permitted only upon a copy of such agreement, license, or permit being filed with the Personnel Department within fourteen (14) days from the effective date of this ordinance. Any present employee who subsequently moves out of the City after such residence requirements have been established, or any present employees who have not exercised the exemption power of this section shall be deemed in violation of this section. SECTION 2. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and its publication according to law. Passed, as amended, July 26, 1976. (3) "Permanent Place of Domicile" is any home, abode, or dwelling maintained by an employee for a minimum period of nine (9) months of every calendar year, as his one permanent home, abode, and dwelling as manifested by his declarations and acts thereto. (c) Upon the request of the Office of Personnel, every City employee shall file proof by affidavit of his permanent place of domicile. (d) Any employee of the City of South Bend who fails to establish that he is a bona fide resident of the City within six (6) months of his appointment or employment; or any employee who moves out of the City limits after securing employment with the City shall be held in violation of this Code and terminated from employment. (e) Any present employee of the City of South Bend whose permanent domicile does not meet the residence requirements estab- lished by this Code shall not be held in violation thereof. However, any present employee who subsequently moves out of the City after such residence requirements have been established, shall be deemed in violation of this section. SECTION 2. This Ordinance shall be in full force and effect from an act tteits passage by the Common Council, approval by the Mayor, and its publication according to law. Tommittrr R port XV t4c (Qomawn (90um -d of tf)r 01H of 60144 &nd: Your Committee of the Whole to whom was referred AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 8, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA BY THE ADDITION OF SECTION 2 -116 (A) COMMONLY REFERRED TO AS RESIDENCE REQUIREMENTS, REQUIRING SOUTH BEND CITY EMPLOYEES TO LIVE IN SOUTH BEND, INDIANA. Respectfully report that they have examined the matter and that in their opinion This ORDINANCE be recommended to the Common Council favorably, as amended: Amend Section 2 -116 (a) (e) as follows: Delete entire section. Replace in its entirety with the following: (3) Any present employee of the City of South Bend whose permanent place of domicile does not meet the residence requirements established by this Code or any present employee of the City of South Bend who has already entered into a construction agreement for the construction of a residential dwelling not within the city limits of South Bend, or who has been issued a building permit or license properly authorized by St. Joseph County Government or another municipality within St. Joseph County, prior to the enactment of this ordinance shall not be held in viola- tion thereof. However, this exemption shall be permitted only upon a copy of such agreement, license, or permit being filed with the Personnel Department within fourteen (14) days from the effective date of this ordinance. Any present employee who subsequently moves out of the City after such residence requirements have been established or any present employees who have not exercised the exemption power of this section shall be deemed in violation of this section. Frank Horvath Chairman .... ..... V ......NINE CO.