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Code of Ordinances Amendment - Title 1 Civil Service Employees State of ResidencyCopyrighted March 2, 2020 City of Dubuque Action Items # 7. ITEM TITLE: Code of Ordinances Amendment - Title 1 Civil Service Employees State of Residency SUMMARY: City Manager recommending approval of an Ordinance that permits the City's civil service employees to reside in states other than the State of Iowa. SUGGESTED DISPOSITION: ORDINANCE Amending City of Dubuque Code of Ordinances Title 1 Administration, Chapter 7 City Officers and Employees Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Request for City Ordinance that Permits Non -Iowa City Manager Memo Residency-MVM Memo Staff Memo Staff Memo Ordinance Ordinance Suggested Motion Wording Supporting Documentation Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Request for City Ordinance that Permits Non -Iowa Residency DATE: February 27, 2020 Dubuque bitil All-A.aia City 111111 2007.2012.2013 2017*2019 Human Resources Director Shelley Stickfort recommends City Council approval of an Ordinance that permits the City's civil service employees to reside in states other than the State of Iowa. This recommendation is made in order to: 1) Provide existing civil service employees greater latitude regarding where they are able to reside; and 2) Expand the pool of prospective civil service employees who may be considered for, or be interested in, employment with the City of Dubuque to include those in the states of Wisconsin and Illinois. I concur with the recommendation and respectfully request Mayor and City Council approval. 7-- Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Shelley M. Stickfort, Human Resources Director WIT Masterpiece on the Mississippi TO: Mike Van Milligen, City Manager FROM: Shelley M. Stickfort, Human Resources Director DATE: February 26, 2020 RE: Request for City Ordinance that permits Non -Iowa Residency Dubuque bnebni IIII•Merisa City V.LI:tNWL� RI, I I N 111111 2007.2012.2013 2017*2019 The 2016 State Legislature revised §400.17 3. a. of the Iowa Code pertaining to Civil Service and the State of Iowa residency requirement. The revision permits a City to pass an ordinance that allows its civil service employees to reside in another state. I am recommending that the Dubuque City Council exercise its right to pass an ordinance that permits the City's civil service employees to reside in states other than Iowa. This recommendation is made in order to: 1) Provide existing civil service employees greater latitude regarding where they are able to reside; and 2) Expand the pool of prospective civil service employees who may be considered for, or be interested in, employment with the City of Dubuque to include those in the states of Wisconsin and Illinois. I respectfully request your support of this recommendation. Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 11-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE ADMINISTRATION, CHAPTER 7 CITY OFFICERS AND EMPLOYEES WHEREAS, Iowa Code Chapter 400 identifies certain employees of a city to be covered by the state's Civil Service law; WHEREAS, the provisions of Iowa Code Chapter 400 set out procedures that need to be followed regarding the hiring, promoting, disciplining and termination of these covered employees; WHEREAS, one of the requirements that currently exists is that these covered employees must either be or become a citizen of the state of Iowa within a certain period of time; WHEREAS, during the legislative session of 2016 House File 2267 was passed into law effective July 1, 2016 which allows cities to pass an ordinance to eliminate the state of Iowa residency requirement for covered civil service employees and authorizes a city to establish time and distance requirements of its covered civil service employees; and WHEREAS, the City of Dubuque desires passage of an ordinance eliminating the State of Iowa residency requirement for employees covered by Iowa Code Chapter 400. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 1, Chapter 7 of the City of Dubuque Code of Ordinances is amended by adding the following new section: 1-7-8: ELIMINATION OF STATE OF IOWA RESIDENCY REQUIREMENT: A. The purpose of this section is to eliminate the state of Iowa residency requirement for City of Dubuque employees classified as holding a Civil Service position under state law. B. Iowa Code Chapter 400 identifies certain employees of a city to be covered by the state's Civil Service law. The provisions of Iowa Code Chapter 400 set out procedures that need to be followed regarding the hiring, promoting, disciplining, and termination of these covered civil service employees. One of the requirements that currently exists is that these covered civil service employees must either be or become a citizen of the state of Iowa within a certain period of time. C. During the legislative session of 2016 House File 2267 was passed into law effective July 1, 2016. A provision of this bill allows cities to pass an ordinance to eliminate the state of Iowa residency requirement for covered civil service employees. The bill further provides that a city may establish time and distance requirements of its covered civil service employees. D. The City Manager shall assess the needs and demands of the organization and establish a time and distance policy for civil service employees. Section 2. This ordinance takes effect upon publication. Passed, approved, and adopted this 2nd day of March 2020. /Roy D. Buol, Mayor Attest: Ke - in S. Firnstahl, City Clerk STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 06, 2020, and for which the charge is $29.36 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 10 day of 1 r I Q,^,Cii, , 20 L. cz Notary Public in nd for Dubuque County, Iowa. JANET K. PAPE Commission Number 1991569 My Comm. Exp. DEC 11, 202.2 OFFICIAL. PUBLICATION ORDINANCE NO. 11-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE ` 1 ADMINISTRATION, CHAPTER 7 CITY OFFI- CERS AND EMPLOYEES WHEREAS, Iowa Code Chapter 400. identifies certain employees of a city to be covered by the state's Civil Service law; WHEREAS, the provi- sions of Iowa Code Chap- ter 400 : set out procedures that need to. be followed regarding the hiring, promoting, disciplining and termina- tion of these covered employees; WHEREAS; one of the requirements that -cur- rently exists is that these covered employees must either be or "become a citizen of the state of Ho Iowda of withintime; a certain pe- WHEREAS, during 'the legislative session of 2016 House File 2267 was passed into law effective July 1, 2016 which allows cities to pass an ordi- nance to eliminate the, state of Iowa residency requirement for covered civil service employees and authorizes a city to establish time and dis- tanee requirements of its. covered civil service em- ployees; and WHEREAS, the City of Dubuque desires pas- sage of an ordinance eliminating the State of Iowa residency require- ment for employees cov- ered by "Iowa Code Chapter 400. NOW, THEREFORE, BE IT : ORDAINED BY THE CITY COUNCIL OF THE CITY., OF DUBUQUE, IOWA: Section 1. Title 1, Chap- ter 7 of the 'City. of Dubuque Code of Ordi- nances is amended by adding the following new. section: 1-7-8: ELIMINATION OF STATE OF IOWA 'RESI- DENCY REQUIREMENT: A. The purpose of this section is to eliminate the state of Iowa resi- dency requirement for City of Dubuque employ- ees classified as holding a Civil Service ;position under state law. B. Iowa Code Chapter 400 identifies certain em- ployees of a' city to. +be covered by the state's Civil Service law. The provisions of Iowa Code Chapter 400 set out pro- cedures thatneed to be followed regarding the hiring, promoting, disci- plining, and termination of these covered civil! service employees. One of the requirements that currently exists is that these covered civil ser- vice employees,. must; ei- ther be or, become a citizen', of the = state of Iowa within a certain pe- riod of time. C. During the legisla- tive session of 2016 House File 2267 was passed into law effective July 1, 2016. A provision of this bill allows cities to pass an ordinance to eliminate the state of Iowa residency require- ment -for covered civil service, employees. The bill further provides that a city may establish time and 'distance, require- ments of its covered civil service employees. D. The City Manager shall assess, the needs and demands of the or- ganization and establish a time and distance, poli- cy for civil service .em- ployees. Section 2. This ordi- nance takes effect upon publication. Passed, approved, and adopted this 2nd day of March, 2020. /s/Roy D. Buol, Mayor Attest::. /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph ::Herald Newspaper on the 6`" day of March 2020. /s/Kevin S. Firnstahl, City Clerk 1t 3/6 " ,