Miami-Dade Legislative Item
File Number: 052655
Printable PDF Format Download Adobe Reader  

File Number: 052655 File Type: Ordinance Status: Before the Board
Version: 0 Reference: Control: Internal Mgmt. & Fiscal Responsibility Committee
File Name: ORDINANCE REPEALING RESIDENCY REQUIREMENT Introduced: 9/14/2005
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number: 7
Notes: Title: ORDINANCE REPEALING SECTION 2-11.17 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, SETTING FORTH RESIDENCY REQUIREMENTS FOR MIAMI-DADE COUNTY EMPLOYEES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 051425]
Indexes: RESIDENCY ORDINANCE
Sponsors: Sally A. Heyman, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Natacha Seijas, Co-Sponsor
  Katy Sorenson, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Internal Mgmt. & Fiscal Responsibility Committee 10/14/2005 2A Withdrawn

County Attorney 9/21/2005 Assigned Internal Mgmt. & Fiscal Responsibility Committee 10/14/2005

Internal Mgmt. & Fiscal Responsibility Committee 9/15/2005 Original item deferred with instructions to staff

Internal Mgmt. & Fiscal Responsibility Committee 9/15/2005 2O SUB. Deferred 10/14/2005 P
REPORT: Chairwoman Carey-Shuler opened the public hearing on the foregoing proposed ordinance. Hearing no one wishing to appear, the public hearing was closed. Commissioner Sosa spoke in opposition to the foregoing proposed ordinance as presented unless it applied to specialized personnel that could not be hired within the County. Commissioner Sorenson spoke in support of the foregoing proposed ordinance, noting it was unfair to distinguish between specialized personnel versus other county employees, that all employees should be treated the same and that the residency requirement should be consistently applied to all county employees. Commissioner Heyman explained her intent for sponsoring the foregoing proposed ordinance, noting it was not to negate the talent pool but to supplement it. She noted Miami-Dade County was a regional county that had lost trained personnel to Broward, Palm Beach and other neighboring counties that do not have residency requirements. She also noted she felt the existing residency requirement ordinance was unfair and discriminatory to County employees and their families, particularly considering the fact that the County supports outside contracting. Commissioner Barreiro spoke in opposition to the foregoing proposed ordinance, noting he believed the County Manager always had the option to request a waiver if he felt the County’s talent pool was insufficient to hire within. He stated it was his opinion that the talent was in the County and that its residents should be given the opportunity to apply. Chairwoman Carey-Shuler noted she expressed opposition to a previous amendment to exempt sworn personnel from the residency requirement because she felt that emergency personnel should be required to reside in the County. She noted although some exceptions were made in the aftermath of Hurricane Andrew, she still had concerns about County-owned vehicles being driven to Palm Beach and other counties. Chairwoman Carey-Shuler asked the County Manager to verify and report back to her whether some part-time emergency County employees actually lived in Orlando and as far as New York. Following comments by Assistant County Manager Alina Hudak, Commissioner Sosa noted she did not feel that County employees should be required to live in the County and that many employees moved to Broward and other neighboring counties because housing was more affordable. She contended that affordable housing and other opportunities needed to be provided to encourage employees to live in Miami-Dade County. Commissioner Moss spoke in opposition to the foregoing ordinance, noting he felt that County employees who worked for Miami-Dade should want to live in Miami-Dade County. Commissioner Sorenson offered a friendly amendment to authorize the County Manager to grant waivers for certain specialized skills. Mr. Don Allen, Director, Employee Relations Department, noted vacant positions were primarily filled by people who reside in the County except when certain professional managerial or highly technically skilled positions could not be filled from the County’s talent pool. Commissioner Moss noted he felt that there were enough qualified, talented people in Miami-Dade County to recruit for professional managerial positions. In response to Commissioner Sorenson’s question whether this ordinance could be amended to address the concerns raised by commissioners, Assistant County Attorney Sanchez stated this ordinance could be amended on the floor or the County Attorney could be instructed to come back with a new ordinance. Commissioner Sorenson suggested this ordinance be amended by removing the overstrikes and inserting a waiver. Commissioner Barreiro stated he would like to see a new ordinance drafted and brought back before the Committee. Chairwoman Carey-Shuler concurred, stating she would like to have a new ordinance prepared. She asked the County Attorney to draft an appropriate ordinance authorizing the County Manager to waive the residency requirements for humanitarian reasons, to grant a waiver for highly technical professional skills and to require that applicants for professional managerial positions be recruited locally. Chairwoman Carey-Shuler also asked Special Assistant to the County Manager, Corinne Brody, to present information on changes in workforce throughout the County at the October 14, 2005 Committee meeting, as requested by Commissioner Moss. Commissioner Heyman asked the County Attorney to ensure that all commissioners who asked to be added as co-sponsors to this ordinance be added to the forthcoming ordinance, including those who were not Committee members. Hearing no objection, the Committee voted to defer the foregoing proposed ordinance to the next Committee meeting, and instructed the County Attornery to prepare an appropriate ordinance authorizing the County Manager to waive the residency requirements for humanitarian reasons, to grant a waiver for reasons that relate to highly technical professional skills and to require that applicants for professional managerial positions be recruited locally.

County Manager 9/14/2005 Additions

County Attorney 9/14/2005 Referred Internal Mgmt. & Fiscal Responsibility Committee 9/15/2005

County Attorney 9/14/2005 Assigned William X. Candela 9/14/2005

Legislative Text


TITLE
ORDINANCE REPEALING SECTION 2-11.17 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, SETTING FORTH RESIDENCY REQUIREMENTS FOR MIAMI-DADE COUNTY EMPLOYEES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 2-11.17 of the Code of Miami-Dade County, Florida, as amended by Ordinance No. 05-88, is hereby repealed in its entirety.1
Sec. 2-11.17. [[Residency condition for new employees.]] >>Reserved.<<

[[1. As of the effective date of this section, no person shall be newly employed by Miami-Dade County or any of its authorities, agencies or instrumentalities unless resident in Miami-Dade County or unless prepared to sign a covenant that he or she will move to Miami-Dade County within fifteen (15) months of employment by the County.
2. All employees of Miami-Dade County hired after the effective date of this section shall maintain their domicile and principal place of residence within the corporate limits of Miami-Dade County during the period of their employment with Miami-Dade County.
3. Any employee of Miami-Dade County hired after the effective date of this section that does not at all times during such employment maintain his or her domicile and principal place of residence in Miami-Dade County may be dismissed from County service. Newly hired employees who fail to establish residence in Miami-Dade County within fifteen (15) months, will not be eligible to request a residency waiver.
4. This provision shall not be construed to deprive any employee of rights provided by a collective bargaining agreement.
5. The County Manager is authorized to waive the residency requirements for humanitarian reasons. Humanitarian reasons, include, but are not limited to, events that may lead to serious disruption to an employee's family care arrangement, or an immediate family member's health care, special educational or therapeutically dependent care needs.
6. Quarterly, the County Manager shall submit to the County Commission a list of waivers granted and the reasons for said waivers.
7. The Building Department is authorized to hire plans examiners and building inspectors in all trades who reside in Broward County. New employees in these job classifications will not be required to move to Miami-Dade County.
8. The Aviation Department is authorized to hire non Miami-Dade County residents to work only at the Dade-Collier Training and Transition Airport (TNT).
9. All sworn classifications within the Corrections & Rehabilitation Department, Miami-Dade Fire Department and Miami-Dade Police Department will be exempt from the residency requirement.]]

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.

Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site 2014 Miami-Dade County.
All rights reserved.