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HomeMy WebLinkAboutCity residency requirments for all city employeesBILL 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 sworn members of the police and fire departments; Indiana Code § 36- 4 -9 -11 which address residency requirements for the head of the Department of Law in 2nd and 3rd class Indiana cities, and all of the various residency requirements for persons wishing to run for elected office of a 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 It was subsequently repealed when Ordinance No. 7621 -86 was passed on April 1, 1986 noting that "a substantial part of the City's workforce, namely sworn police officers and sworn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 Gusewelle v. City of Wood River, 374 F. 3d 569 (7th 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 City Residency Requirements Ordinance Page 2 without cause. The positive benefits of residency requirements provide a rational basis for enacting reasonable governmental regulations in this area. 7A—& m, &&&rA&wd by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 2, Article 8 of the South Bend Municipal Code shall be amended by the inclusion of new Section 2 -116.1 which shall read in its entirety as follows: Sec. 2 -116.1 City Residency Requirements. (a) Definitions: As used in this Section, the following definitions shall apply: (1) Bona fide resident of the city is a person who maintains his or her permanent place of domicile within the City limits and resides at that location. (2) City is the City of South Bend, Indiana. (3) Domicile is where a person physically lives and resides. (4) Employee is a person employed by the City of South Bend and earns wages or a salary as a result of such employment with the City. (5) Employment Eligibility Verification Form I -9 is the form required to be used by an employer in the United States. (6) Full -Time Employee is an employee who is not a part-time status and who is regularly scheduled to work a full -time scheduled forty (40) hours per week, or a reduced full -time schedule of thirty -two (32) hours or more per week as approved by the Mayor on a voluntary basis. I (7) Part -Time Employee is an employee who is not assigned to a full -time status and who is scheduled to work less that the City's full -time schedule. (b) Residency Requirements for New Full -Time or Part -Time Employees: After March 1, 2014, any person who accepts full -time or part-time employment with the City, must be a bona fide resident of the City or be domiciled within the City within six (6) months of the date of beginning employment with the City. I Ordinance No. 10266 -13 passed by the South Bend Common Council on October 30, 2013 and approved by the Mayor on November 6, 2013 provides in Section III "Employee Definitions" for full -time employee and Part-time employee, and does not provide definitions for seasonal or temporary employees. City Residency Requirements Ordinance Page 3 (c) Address: The address listed by a person who accepts full -time or part-time employment with the City on the Employment Eligibility Verification Form I -9 shall be the address which the City shall verify to determine compliance with this Section. (d) Violation: Any employee of the City who fails to establish that he or she is a bona fide resident of the City within six (6) months of his or her appointment, employment, or signing of the Employment Eligibility Verification Form I -9, shall be in violation of this Section, unless he or she meets one of the exemptions of paragraph (e) of this Section. Any employee found in violation of this Section shall be terminated from employment with the City. (e) Limited Exemptions: (1) Any new full -time or part-time employee who are specifically exempted by Indiana state law, and therefore exempted from the residency requirements set forth in this Section.2 (2) Any new or part-time employee who has entered into a contract for the construction of a new residential dwelling located in the City whose date of completion is after the six (6) month period requirement addressed in paragraph (d) of this Section. In such instances, a copy of the contract for construction must be tendered to the City. (3) Any current full -time or part-time employee employed by the City when this Section takes effect, unless such employee subsequently moves out of the City. Section II. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect on October 1, 2013, and from and after its passage by_ the Common Council, approval by the Mayor and legal publication. Henry Davis, jr—,2 n District Council Member 2 Indiana Code § 36 -84-2 sets forth residency requirements for sworn members of the police and fire departments. Indiana Code § 36- 4 -9 -11 sets forth residency requirements for the head of the Department of Law. These references are examples of current state laws in effect and are not intended to be exhaustive of governing laws in this area. City Residency Requirements Ordinance Page 4 Office of the City Clerk • 1 o'clock 1 st READING [ ( —� l j PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Office of the City Clerk day of , 2013 at o'clock _.m. Pete Buttigieg Mayor of the City of South Bend, Indiana Filed in Clerk "s i-11c . t[ gi29 2013 JOHN v0r)Rj)E.: CITY CLERK, SOUTH EN�o ,IN