(a) On and after passage hereof, all original and department director appointments in the nonclassified service of the city shall be made upon the condition that the appointee shall reside within the city during the employment of such appointee in any position in the nonclassified service of the city, which condition shall not be waived except by the Mayor during the first six months of employment. Where, due to part- time requirements or unique skill requirements or location of work or other reasons, imposition of the aforesaid residency requirement is impractical or otherwise precludes securing service necessary for the good of the city, positions may be exempted from such requirement by ordinance. The Mayor shall notify Council of any necessary position remaining unfilled after six months, primarily by reason of the residency requirement of this section in the opinion of the Mayor. The term
RESIDE
as used herein shall be construed to mean the maintaining of a residence which is the actual bona fide domicile of the individual where he or she normally eats, sleeps, maintains normal household and personal effects and represents as his or her domiciliary address for purposes of taxation, license registration, voting and otherwise.
(1) This requirement of residency during employment shall not be applied retroactively nor to present employees of the city.
(2) This requirement of residency during employment shall, however, be binding according to law and the terms hereof, upon all future employees of the city, from and after the effective date of this section, unless the condition is waived, exempted or specially excepted by ordinance.
(b) Pursuant to division (a) above, Council hereby exempts the special legal counsel from the residency requirements set forth herein.
(c) No person shall, in any way, falsify or misstate verbally or in writing any application, paper, document or form, which relates his or her employment with the city, that he or she is a resident of the city, when in fact he or she is not a bona fide resident of the city. Any officer or employee of the city who is found to have supplied or furnished false or misleading information concerning his or her true residence or who fails to become a resident as herein required, or who, being a resident or having become a resident of the city, subsequently establishes a residence outside of the city, shall, after hearing, according to law, be discharged from service with the city.
(Ord. 16-95, passed 3-21-1995)