Miami-Dade Legislative Item
File Number: 061136
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File Number: 061136 File Type: Ordinance Status: Adopted
Version: 0 Reference: 06-65 Control: County Commission
File Name: ORDINANCE AMENDING RESIDENCY REQUIREMENT Introduced: 4/11/2006
Requester: NONE Cost: Final Action: 5/9/2006
Agenda Date: 5/9/2006 Agenda Item Number: 7G
Notes: Title: ORDINANCE AMENDING SECTION 2-11.17 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, AUTHORIZING MIAMI-DADE POLICE DEPARTMENT TO EXEMPT DISPATCHERS AND POLICE COMPLAINT OFFICERS AND MIAMI-DADE FIRE RESCUE DEPARTMENT TO EXEMPT DISPATCHERS FROM RESIDENCY REQUIREMENT PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 060787]
Indexes: FIRE RESCUE SERVICES
  POLICE
  RESIDENCY REQUIREMENT
Sponsors: Joe A. Martinez, Prime Sponsor
  Sally A. Heyman, 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

Board of County Commissioners 5/9/2006 7G Adopted P
REPORT: It was moved by Commissioner Heyman that the foregoing proposed ordinance be adopted. This motion was seconded by Commissioner Diaz. Discussion ensued among the Board members on the foregoing proposed ordinance. Commissioner Moss said he felt employees who worked for the County should reside within Miami-Dade County. Chairman Martinez explained the rationale of the proposed ordinance, noting this work involved specialty training. Commissioner Sorenson spoke in support of the proposed ordinance; however, she noted the exemption should apply to all employees. Commissioner Heyman spoke in support of the foregoing proposed ordinance and emphasized the need for first responders. In response to Commissioner Edmonson’s inquiry as to why the proposed ordinance did not cover all employees, Chairman Martinez said the pool for police dispatchers needed to be increased as there was a critical need for dispatchers. Commissioner Jordan spoke in support of the proposed ordinance. She noted she had also supported the original ordinance requiring residency; however, when the County began exempting employees working in specialty areas such as the Fire Department, Police Department and the Corrections Department she felt all employees who had similar issues were not being considered. Commissioner Jordan said she was in favor of eliminating the residency requirement if it could not apply to all employees. Commissioner Diaz spoke in support of the foregoing proposed ordinance and in support of proposed legislation that would allow exemption of residency requirement for all employees. Upon being put to a vote, the motion to adopt the foregoing proposed ordinance passed by a vote of 11-2, (Commissioners Barreiro and Moss voted “no”).

Community Outreach, Safety & Healthcare Admin Cmte 4/11/2006 2E Substitute Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Daron Fitch read the foregoing proposed ordinance into the record. Agenda Items 2E Substitute and 2E Supplement were considered simultaneously. The public hearing was opened by Chairwoman Sosa; however, it was closed after no one appeared in response to Chairwoman Sosa’s call for persons wishing to be heard in connection with the foregoing proposed ordinance. Hearing no other discussion, the Committee proceeded to vote on the foregoing proposed ordinance and supplement. Commissioner Jordan asked Assistant County Manager Susan Torriente to provide her with a report identifying all classifications exempted from the County’s residency ordinance. She asked Ms. Torriente to review Commissioner Seijas’ proposed ordinance repealing the County’s residency requirements ordinance before drafting this language.

County Attorney 4/11/2006 Referred Community Outreach, Safety & Healthcare Admin Cmte 4/11/2006

County Attorney 4/11/2006 Assigned William X. Candela 4/11/2006

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 2-11.17 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, AUTHORIZING MIAMI-DADE POLICE DEPARTMENT TO EXEMPT DISPATCHERS AND POLICE COMPLAINT OFFICERS AND MIAMI-DADE FIRE RESCUE DEPARTMENT TO EXEMPT DISPATCHERS FROM RESIDENCY REQUIREMENT 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, is hereby amended to read as follows:1
Sec. 2-11.17. Residency condition for new employees.
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. >>All dispatchers within the Miami-Dade Police Department and Miami-Dade Fire Department as well as Miami-Dade Police Complaint Officers 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.



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