Number
160453
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. HAMILTON AND MURPHY
Title
A substitute charter ordinance relating to residency requirements for city law enforcement, fire and emergency employes and officers.
Sections
5-02-1 rc
5-02-2 am
5-02-3 am
5-02-4 rp
5-02-4 ra
5-02-5 ra
5-02-6 ra
5-02-6-a am
5-02-6-b-0 am
5-02-6-b-1 am
5-02-6-b-2 am
5-02-6-b-5 am
5-02-7 rn
5-02-8 rp
5-02-9 rp
5-02-10 rn
Analysis
This ordinance requires city law enforcement, fire and emergency employes to reside within 15 miles of the jurisdictional boundaries of the city of Milwaukee. In addition, this ordinance grants the fire and police commission and the city service commission the authority to administer, interpret, and enforce the provisions of residency requirements, including the definition and identification of emergency personnel.
Body
The Mayor and Common Council of the city of Milwaukee do ordain as follows:
Part 1. Section 5-02-1 of the charter is repealed and recreated to read:
5-02. Residency Requirements.
1. RESIDENCY REQUIRED. Every law enforcement, fire and emergency employe shall establish and maintain his or her actual residence within 15 miles of the jurisdictional boundaries of the city of Milwaukee. Any such employe who does not reside within the prescribed distance from the city shall be ineligible for employment by the city, and he or she shall be separated from service under this section and the applicable rules of the city service commission or the fire and police commission. These commissions shall be vested with the responsibility for the administration, interpretation and enforcement of the residency requirement, including the designation of emergency personnel.
Part 2. Section 5-02-2 and 3 of the charter is amended to read:
2. DEFINITION. The term "residence" employed in this section shall be construed to
mean the actual living quarters which must be maintained [[within the city]] by an employe ≫specified in sub. 1≪. Neither ≫ where an employe votes≪ [[voting in the city]] nor the payment of taxes of any kind by itself by an employe shall be deemed adequate to satisfy the requirements of this section, nor shall the provisions of this section be satisfied by the maintaining of a rented room or rooms by an employe solely for the purpose of establishing residence [[in the city]] ≫within 15 miles of the jurisdictional boundaries of the city≪ when it appears that his or her residence is outside of [[the]] ≫the prescribe distance from the≪ city. Ownership of real property within the city, when not coupled with maintaining of actual living quarters [[in]] ≫within the prescribed distance from≪ the city as herein required, shall be deemed insufficient to meet the requirements of this section. The city service commission ≫or the fire and police commission≪ is authorized to investigate complaints made to ≫either commission≪ [[it]] with respect to the residence of employes of the city and may initiate any such investigation on its own motion. Whenever such investigation shall be made, the city service commission ≫or the fire and police commission≪ shall make a finding with respect to whether or not such an employe is or is not actually [[a resident of]] ≫residing within the prescribed distance from≪ the city in accordance with the requirements set forth herein ≫and their accompanying rules≪. No consideration shall be given by the city service commission ≫or the fire and police commission≪ to the fact that such employe intends to maintain a residence [[in the city]] ≫within 15 miles of the jurisdictional boundaries of the≪ city if ≫the employe≪ actually [[he or she]] does not maintain such a residence as herein provided for.
3. DUAL RESIDENCE. In cases in which dual or multiple residences are rented, owned or maintained by an employe, it is not sufficient for the employe to claim ≫that≪ [[city]] ≫he or she meets the≪ residency ≫requirement≪ because of rental, ownership or maintenance of a residence [[in]] ≫within the prescribed distance from≪ the city if the employe’s actual living quarters are not [[in the city]] ≫within 15 miles of the jurisdictional boundaries of the city≪. The city service commission ≫or the fire and police commission≪ shall make ≫a≪ final determination in dual or multiple residence cases as to which location constitutes an employe’s actual living quarters, and it shall be the location which will be considered in establishing whether an employe complies with the intent of this section and [[city service]] ≫appropriate≪ rules relating to residency. [[The city service commission shall promulgate and publish a policy statement describing factors which it will consider when making residency determinations. This statement will in no way limit the commission’s consideration to any specific set of factors.]] Decisions involving dual or multiple residency shall be based upon the totality of circumstances present in each case. The decision of the city service commission ≫or the fire and police commission≪ shall be final in respect to whether or not such employe’s residence satisfies the provisions and requirements of this section.
Part 3. Section 5-02-4 of the charter is repealed.
Part 4. Section 5-02-5 and 6 of the charter is renumbered 5-02-4 and 5 and amended to read:
4. ACTION BY DEPARTMENT HEAD. Whenever a department head finds that
an employe [[is not a resident of the city]] ≫does not reside within the prescribed distance from the city,≪ [[within the meaning of this section,]] the department head shall immediately file a written complaint against that employe to effectuate the separation of that employe from the service.
5. EXTENSION. Whenever it shall appear to the city service commission ≫or the fire and police commission≪ that good cause exists for granting extensions of time to employes of the city to obtain residences within ≫15 miles of the jurisdictional boundaries of≪ the city, or if it shall appear to the city service commission ≫or the fire and police commission≪ that a new or prospective employe of the city would require a reasonable period of time in order to [[acquire]] ≫establish≪ a residence [[in]] ≫within the prescribed distance from≪ the city so as to [[qualify for a position in city service,]] ≫meet the requirements of this section,≪ the city service commission ≫or the fire and police commission≪ may allow such employe a period of not to exceed 6 months in which to satisfy the requirements of this section.
Part 5. Section 5-02-7 of the charter is renumbered 5-02-6.
Part 6. Section 5-02-6-a, b-0, 1, 2 and 5 of the charter is amended to read:
6. HARDSHIP EXCEPTIONS.
a. Whenever it shall appear to the city service commission ≫or the fire and police commission≪, considering [[the]] standards [[hereafter]] enumerated ≫in the commission’s rules≪, that an employe should be granted temporary exception from the requirements of this section, the city service commission ≫or the fire and police commission≪ shall make a finding based upon the [[standards and shall file a report with the committee on finance and personnel, listing the name of the employe and the reason or reasons for the exception, such report to be filed within 15 days of such action]] ≫evidence presented≪.
b. [[In the event that]] ≫If≪ a city employe weds an employe of another jurisdiction which also has a residency requirement, mandating that its employe reside within ≫15 miles of≪ that jurisdiction's boundaries, and if that employment is in effect at the time of the marriage, the city service commission ≫or the fire and police commission≪ may grant the city employe an exemption from the city's residency requirements, provided that the following conditions are and remain in effect:
b-1. That the other jurisdiction is willing to enter into an appropriate reciprocity
agreement with the ≫city service commission or fire and police commission≪ concerning such transactions.
b-2. That the city employe actually resides with his or her spouse ≫within 15 miles of the jurisdictional boundaries of≪ [[in]] the spouse's jurisdiction.
b-5. That the residency requirements of the other jurisdiction would preclude the married couple from living ≫within 15 miles of the jurisdictional boundaries≪ [[in]] ≫of≪ the city of Milwaukee.
Part 7. Section 5-02-8 and 9 of the charter is repealed.
Part 8. Section 5-02-10 of the charter is renumbered 5-02-7.
Part 9. This is a charter ordinance and shall take effect 60 days after its passage and publication, unless within such 60 days a referendum petition is filed as provided in s. 66.0101(5), Wis. Stats., in which event this ordinance shall not take effect until submitted to a referendum and approved by a majority of the electors voting thereon.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFOCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Department of Employee Relations
Drafter
La-Wanda G. Fletcher
LRB165366-2
07/18/2016