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 " ,