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HomeMy WebLinkAboutItem #32 - First Reading Ordinanceu NA J-90-956 10/25/90 ORDINANCE NO. AN ORDINANCE PROVIDING THAT ALL PRESENT EMPLOYEES OF THE CITY OF MIAMI EXCEPT AS STATED HEREIN SHALL ESTABLISH RESIDENCY WITHIN THE CITY OF MIAMI NO LATER THAN 18 MONTHS FROM THE EFFECTIVE DATE OF THIS ORDINANCE AND SHALL MAINTAIN SUCH RESIDENCY DURING CITY EMPLOYMENT; ALSO PROVIDING THAT NEWLY -HIRED EMPLOYEES ESTABLISH AND MAINTAIN SUCH RESIDENCY; FURTHER PROVIDING THAT THE CITY MANAGER SHALL BARGAIN IN GOOD FAITH WITH THE BARGAINING AGENTS OF EACH OF THE EMPLOYEES' COLLECTIVE BARGAINING UNITS, IT BEING THE INTENTION OF THE CITY COMMISSION TO NEGOTIATE THE INCLUSION IN ALL FUTURE COLLECTIVE BARGAINING AGREEMENTS OF A PROVISION REQUIRING CONTINUOUS RESIDENCY WITHIN THE CITY FOR ALL CITY EMPLOYEES FOR SO LONG AS THEY ARE EMPLOYED; ALSO PROVIDING THAT VIOLATIONS OF THE RESIDENCY REQUIREMENT SHALL BE GROUNDS FOR TERMINATION OF EMPLOYMENT; CONTAINING DEFINITION OF RESIDENCY; DECLARING THE ORDINANCE TO BE AN ORDINANCE OF PRECEDENT; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. {' WHEREAS, by the adoption o this Ordinance, the City Commission makes a legislativ detirmination that thos ho are residents of Miami take r ater `"interest in the fueC o Miami than non-residents and 'r that such a y is desirable in employees an offic s of the City; and s WHEREAS, the adoption aft s rdinance, the City Commission makes legislative t m ion that residency by City employees will strengthen the onomic situation of the City and will encourage stability in neighborhoods; and WHEREAS, the herein Ordinance will provide jobs for the City's own residents and help to achieve racial and ethnic balance in the City work force; and WHEREAS, the City Commission recognize that emergency work situations arise which require employees of the City to be near their place of employment and this Ordinance will enhance the emergency manpower pool; and 2 1b J-90-956 10/25/90 ORDINANCE NO. AN ORDINANCE PROVIDING THAT ALL PRESENT EMPLOYEES OF THE CITY OF MIAMI EXCEPT AS STATED HEREIN SHALL ESTABLISH RESIDENCY WITHIN THE CITY OF MIAMI NO LATER THAN 18 MONTHS FROM THE EFFECTIVE DATE OF THIS ORDINANCE AND SHALL MAINTAIN SUCH RESIDENCY DURING CITY EMPLOYMENT; ALSO PROVIDING THAT NEWLY -HIRED EMPLOYEES ESTABLISH AND MAINTAIN SUCH RESIDENCY; FURTHER PROVIDING THAT THE CITY MANAGER SHALL BARGAIN IN GOOD FAITH WITH THE BARGAINING AGENTS OF EACH OF THE EMPLOYEES' COLLECTIVE BARGAINING UNITS, IT BEING THE INTENTION OF THE CITY COMMISSION TO NEGOTIATE THE INCLUSION IN ALL FUTURE COLLECTIVE BARGAINING AGREEMENTS OF A PROVISION REQUIRING CONTINUOUS RESIDENCY WITHIN THE CITY FOR ALL CITY EMPLOYEES FOR SO LONG AS THEY ARE EMPLOYED; ALSO PROVIDING THAT VIOLATIONS OF THE RESIDENCY REQUIREMENT SHALL BE GROUNDS FOR TERMINATION OF EMPLOYMENT; CONTAINING DEFINITION OF RESIDENCY; DECLARING THE ORDINANCE TO BE AN ORDINANCE OF PRECEDENT; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. WHEREAS, by the adoption of this Ordinance, the City Commission makes a legislative determination that those who are residents of Miami take greater interest in the future of Miami than non-residents and further that such a quality is desirable in employees and officers of the City; and WHEREAS, by the adoption of this Ordinance, the City Commission makes a legislative determination that residency by City employees will strengthen the economic situation of the City and will encourage stability in neighborhoods; and WHEREAS, the herein Ordinance will provide jobs for the City's own residents and help to achieve racial and ethnic balance in the City work force; and WHEREAS, the City Commission recognize that emergency work situations arise which require employees of the City to be near their place of employment and this Ordinance will enhance the emergency manpower pool; and 0Tc>t-J CITY COMMISSION MEETIr,G OF ,st 0 CT 25 1990 NA A6. Q.4 Y WHEREAS, the City of Miami government is faced with an economic emergency of such magnitude that requires the action reflected in the herein Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The term "residence" employed in this Ordinance shall be construed to mean the actual living quarters which must be maintained within the City by an employee and his/her family. Neither voting in the City nor the payment of taxes of any kind, per se, by an employee shall be deemed sufficient to satisfy the requirements of this Ordinance, nor shall the provisions of this Ordinance be satisfied by the maintaining of a rented room or rooms by an employee solely for the purpose of establishing residence in the City when in fact his/her residence is outside of the City. Ownership of real property within the city, when not coupled with maintaining of actual living quarters in the City as herein required, shall be deemed insufficient to meet the requirements of this Ordinance. The director of the personnel management department is hereby authorized to investigate complaints made to it with respect to the residence of employees of the city and may initiate any such investigation on his/her own motion. Whenever such investigation shall be made, the director of the personnel management department shall make a finding with respect to whether or not such an employee is or is not actually a resident of the city in accordance with the requirements set forth herein. No consideration shall be given by the director of the personnel management department to the fact that such employee intends to maintain a residence in the City if actually he does not maintain such a residence as herein provided for. Whenever the facts disclose the existence of dual residences, the decision of the director of the personnel management department upon approval of the City Manager shall be final in respect to whether or not such employee's residence satisfies the provisions and requirements of this Ordinance. -2- Section 2. Unless otherwise provided herein, every person employed by the City of Miami on the effective date of this Ordinance shall become a resident of the City as defined in Section 1 hereof within 18 months of the effective date of this Ordinance and shall not cease to be a resident during his or her employment. Section 3. Unless otherwise provided in this Section, every person hired by the City after the effective date of this Ordinance must be a resident at the time of their employment and shall not cease to be a resident during his or her employment. Section 4. All persons represented by employees' bargaining units shall establish and maintain City residency in accordance with the provisions of applicable collective bargaining agreements. Section 5. Violation of the foregoing residency requirements shall be grounds for dismissal. Section 6. The provisions of this Ordinance take precedence over any other existing provision of the Code of the City of Miami and except for the purpose of compliance with the Consent Decreer or other controlling laws or judicial orders there shall be no exceptions from or waivers of the provisions of this Ordinance. Section 7. All ordinances or parts of ordinances insofar as they are inconsistent with the provision of this Ordinance are hereby repealed. The Consent Decree referred to is found in United States v. City of Miami, 614 F.2d 1322. -3- Section 8. Should any section, part of section, paragraph, clause, phrase, or word of this Ordinance be declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 9. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 10. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 25th day of October , 1990. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 1990. ATTEST: MATTY HIRAI CITY CLERK PREP D APPROVED BY: JULIE 0. ASSISTANT CITY ATTORNEY APPROVED kS TO FORM AND.CORRECTNESS: ODPGE Z . I-FNANDE Z CITY ATTORNEY JOB/bss/M731 XAVIER L. SUAREZ, MAYOR -4-