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HomeMy WebLinkAbout10-279AUGUST 24, 2010 10 -279 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: CREATE RESIDENCY REQUIREMENT INITIATED BY: MAYOR ESSLINGER A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 2 -23(B) PERTAINING TO A RESIDENCY REQUIREMENT FOR DEPARTMENT HEADS The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Section 2 -23(B) of the Oshkosh Municipal Code pertaining to Residency Requirements for Departments Heads is hereby created to read as follows: (B) All Department Heads shall be residents of the City within twelve (12) months of the date of their hiring or appointment and maintain residency in the City while under the employment or service of the City. If any such City department head does not meet this requirement, his /her office or position shall be vacated and such vacancy shall be filled in the manner prescribed by law or ordinance. The residency deadline may be extended with the recommendation of the City Manager and approval of the Common Council. This section does not apply to persons in the employment or service of the City on the date of the adoption of the ordinance from which this section was derived. SECTION 2. This ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #10 -2790 A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 2- 23(6) PERTAINING TO A RESIDENCY REQUIREMENT FOR DEPARTMENTS HEADS, on September 15, 2010. The ordinance would require department heads hired after the date of passage of the ordinance to become residents of the City within 12 months of the date of hire. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us Clerk's phone 920/236-5011. CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin 54903-1130 City of Oshkosh QIHKQlH MEMORANDUM Date: August 18, 2010 To: Mayor & City Council From: Mark A. Rohloff, City Manager /�� ` .( te � Subject: PROPOSED RESIDENCY ORDINANCE BACKGROUND As the Council is aware, Mayor Esslinger brought forth an item at the August 10'" Council Meeting, proposing that the city adopt a residency requirement for department heads. Following the meeting, Mayor Esslinger forwarded Attorney Lorenson and me an excerpt of an ordinance from the City of Appleton regarding residency. He asked that the Appleton ordinance be incorporated into an ordinance that could be woven into our own municipal code. The only changes made to the Appleton ordinance were removing the residency requirement for boards and commissions, as this is already a requirement in the Oshkosh Municipal Code. The other change is that the City Manager would recommend requests to extend the deadline, with approval of Council. The draft ordinance presented before Council merely takes the Appleton ordinance and places it in the context of the city's municipal code. Staff made no other changes to the Appleton ordinance, per the Mayor's direction. The Oshkosh Municipal Code currently does not have a residency requirement for department heads. However, it has been strongly recommended by myself and previous City Managers that department heads reside in the city. Currently, all department heads under the City Manager's direction are residents of the city, with one exception. That department head is a recent hire and has a timeline in place for establishing Oshkosh residency. Without a provision in the municipal code, we have achieved the objective of all department heads being residents of the city at some point in the future. By way of additional background, City Attorney Lorenson conducted additional research and came across an Attorney General's opinion from 2006, which was provided to the City of Fond du Lac. Fond du Lac, like Oshkosh, is a city that operates under Chapter 64 of Wisconsin Statutes (City Manager form of government). The nature of this opinion is narrow in that it only pertains to Chapter 64 cities. It should be noted that while Attorneys General's opinions are often referred to in policy analysis, and have been considered persuasive by the courts, they do not have the effect of law. They only serve as a guide for people who have questions about how a certain law may apply to them. co Mayor & City Council August 18, 2010 Page 2 In the case of Chapter 64 cities, it was the AG's opinion, at that time, that any city organized under Chapter 64 may not require the City Manager or any other city employee to reside within the city as a condition of employment, and that such a city may not elect to impose a residency requirement by charter ordinance. While this opinion suggests to prohibit a Chapter 64 city from enacting any such ordinance, the fact that all department heads are residents of Oshkosh, or will be in the near future, demonstrates that we are achieving the objective of the proposed ordinance, even though it is not formally on the books. ANALYSIS As previously explained, staff copied the Appleton ordinance and incorporated it into the proposed ordinance that is before the Council. With respect to some of the details contained in this draft ordinance, the first requirement in the ordinance is that a department head shall reside within 12 months of the date of their hiring or appointment, and maintain residency in the city while under the employment or service of the city. The ordinance also states that this section does not apply to persons in the employment or service of the city on the date of the adoption of the ordinance. Because of this "grandfather clause ", it is unclear as to how any circumstances that may change an existing employee's residency would affect to existing employees. Aside from the practical side of implementing and administering this ordinance, there remains the basic policy issue of a residency requirement's application. As I have stated previously, municipal residency ordinances and requirements have typically been brought up as the economy changes. In other words, as the economy improves, residency is not as significant an issue for some municipalities as when the economy experiences a downturn. In difficult, economic times, it is often discussed that preference should be given to city residents when making employment decisions. From a practical standpoint, our goal is to secure the best employees regardless of their current residency situation. Furthermore, in today's dual income households, residency requirements often become more difficult if spouses work in other communities. In addition, the challenges represented by family situations make residency requirements for one spouse impractical for the remainder of that person's family. The current economy has further complicated this issue as employees are experiencing more difficulty selling their homes in their previous communities. In the long run, a rigid residency requirement may deter the best qualified employees from accepting positions with the City of Oshkosh if they feel that they cannot put themselves and their families at financial risk in order to accept a position, even at a higher rate of pay. For the above reasons, and others previously discussed, I do not believe it is necessary for the Council to enact a residency ordinance at this time. Aside from the AG opinion and the strong opinions that exist on both sides of this issue, I believe that I have adequately addressed the residency issue by making this a requirement of all department heads under my control. With the various imperfections I have seen in residency requirements for other communities, I believe that I have been able to effectively deal with this issue without making it a part of the city's ordinance. As long as I have the authority to do so, I will continue to strongly encourage residency a condition of city employment whenever practicable. Mayor & City Council August 18, 2010 Page 3 Thank you for the opportunity to provide the Council with my thoughts on this matter. I am certainly available to answer any questions you may have in advance of Tuesday's Council Meeting, or at the Council Meeting itself. MAR/j do