Miami-Dade Legislative Item
File Number: 061153
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File Number: 061153 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Internal Mgmt. & Fiscal Responsibility Committee
File Name: ORDINANCE REPEALING RESIDENCY REQUIREMENTS Introduced: 4/13/2006
Requester: NONE Cost: Final Action:
Agenda Date: 4/25/2006 Agenda Item Number: 4M
Notes: Title: ORDINANCE REPEALING SECTION 2-11.17 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA RELATING TO RESIDENCY REQUIREMENTS FOR MIAMI-DADE COUNTY EMPLOYEES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE AGENDA ITEM NO. 7B]
Indexes: REPEAL ORDINANCE
  RESIDENCY REQUIREMENT
Sponsors: Natacha Seijas, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Sally A. Heyman, 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 & Fiscal Responsibility Committee 7/13/2006 2H Withdrawn
REPORT: Assistant County Attorney Gerald Sanchez read the foregoing proposed resolution into the record. Commissioner Seijas provided an overview of the intent of the foregoing proposed resolution, which she noted repealed the residency requirements for Miami-Dade County employees. It was moved by Commissioner Heyman that the Committee forward the foregoing proposed resolution to the County Commission. Commissioner Sorenson seconded this motion. Commissioner Sorenson asked to be listed as a cosponsor on the foregoing proposed resolution. Responding to Commissioner Sorenson’s comment on the previous consideration of this resolution, Commissioner Heyman noted another Committee considered this proposed resolution and all the cosponsors did not participate on that Committee. Therefore, this resolution did not move forward to the County Commission. Commissioner Seijas suggested if this proposed resolution was forwarded without a recommendation today, it should be scheduled for the September 26, 2006, County Commission meeting. Commissioner Moss noted he did not support this proposed resolution. Commissioner Heyman noted she supported this proposed resolution due to its impact on regional transportation and other economic impact. Commissioner Sorenson suggested this proposed resolution be forwarded with a recommendation. Following further comments, it was moved by Commissioner Edmonson that the Committee forward the foregoing proposed resolution without a recommendation. Commissioner Sosa seconded the motion. Responding to Commissioner Moss’ comments that Miami-Dade County employees should be required to reside within the County, Commissioner Edmonson provided statistical information pertaining to West Palm Beach, Broward and Miami-Dade County employees who live outside the jurisdiction of their employment. She noted West Palm Beach and Broward did not have a residency requirement for its employees. Commissioner Moss asked Commissioner Edmonson to provide him with a copy of the statistical report. Assistant County Manager Alina Hudak informed the Committee that an analysis was conducted by the Office of the Commission Auditor regarding Miami-Dade County employees who live outside the jurisdiction of their employment. Following Commissioner Sosa’s regarding the procedure for consideration of an agenda item forwarded without a recommendation by another committee, Assistant County Attorney Sanchez stated that after a six-month period an item could be reintroduced. Responding to Commissioner Moss’ concerns pertaining to the County employees’ residency requirement, Commissioner Seijas stated that she would withdraw the foregoing proposed ordinance. She stated she would schedule Sunshine meeting(s) to further discuss the residency requirement for County employees with Commissioner Moss and other commissioners. Commissioner Moss noted he would like to participate in a Sunshine meeting, as proposed by Commissioner Seijas. Commissioner Sosa stated she would like to participate in the Sunshine meeting. Assistant County Manager Alina Tejeda Hudak informed Committee members that she and other members of the County Administration would like to participate in the Sunshine meeting as well. Hearing no further questions or comments, Chairman Barreiro announced the withdrawal of the foregoing proposed ordinance as requested by Commissioner Seijas.

County Attorney 6/16/2006 Assigned Internal Mgmt. & Fiscal Responsibility Committee 7/13/2006

Internal Mgmt. & Fiscal Responsibility Committee 6/15/2006 2I Deferred to next committee meeting 7/13/2006 P
REPORT: During consideration of changes to today's agenda, the Committee deferred the foregoing proposed ordinance to the Internal Management and Fiscal Responsibility Committee meeting scheduled for July 13, 2006, as requested by the sponsors of the ordinance.

County Manager 6/13/2006 Deferrals
REPORT: This item has been deferred by the sponsors to the next Internal Mgmt. & Fiscal Responsibility Committee scheduled for July 13, 2006.

County Attorney 5/19/2006 Assigned Internal Mgmt. & Fiscal Responsibility Committee 6/15/2006

Internal Mgmt. & Fiscal Responsibility Committee 5/18/2006 2H Deferred to next committee meeting 6/15/2006 P
REPORT: Assistant County Attorney Gerald Sanchez read the foregoing proposed ordinance into the record. Chairperson Barreiro opened the public hearing on the foregoing proposed ordinance and the following individual(s) appeared in support of the ordinance: Mr. Robert Glover, President, AFSCME Local 199 Seeing no other person wishing to speak in connection with the foregoing proposed ordinance, the public hearing was closed. Commissioner Heyman stated that residency restriction should not be in place, and jurisdiction should not be the primary consideration for employment. She noted that she was in support of the item and asked to be listed as a cosponsor of this item. Commissioner Sorenson concurred and also asked to be listed as a cosponsor. Commissioner Moss said his position remained consistent on this item. He noted his support was for the residents of Miami-Dade County, and there were residents that were qualified to fill the positions. Commissioner Sosa stated her opposition of removing residency restrictions for Miami-Dade County employees. She apprised the committee on statistics provided by the OCA Department which showed Miami-Dade County currently had the highest number of employees residing in other counties. Commissioner Edmonson stated she was in support of the item and asked to be listed as a cosponsor. She noted if certain employees were exempt and hired from outside the county, it should be done for all employees. Chairman Barreiro noted he was not in support of this item, and felt there were residents of Miami-Dade County that were capable of filling the positions. Commissioner Heyman stated local preference should be given to applicants of Miami-Dade County and suggested forwarding the proposed ordinance to the County Commission without a recommendation. It was moved by Commissioner Heyman that the foregoing proposed ordinance be forwarded to the County Commission without a recommendation. This motion was seconded by Commissioner Edmonson. Assistant County Attorney Sanchez advised that a unanimous vote was required in order to forward the foregoing proposed ordinance to the County Commission without a recommendation. Chairman Barreiro stated the Chairman of the Board of County Commissioners’ should make a decision regarding the item. Assistant County Manager Alina Hudak requested that Mr. Don Allen be allowed to address the Committee. She noted while the current legislation allowed for humanitarian waivers, it did not allow for waivers that were not tied to humanitarian issues. Commissioner Sosa said she would entertain a proposal that could provide flexibility when there was a proven necessity for recruitment in a specific area. Mr. Don Allen, Employee Relations Director, explained the difficulty in recruiting certain positions. He said in some cases, there were national shortages of certain qualified, technically skilled expertise in certain fields and the County was competing with the private industry. Mr. Allen noted the applicant pool within Miami-Dade County for many occupations was lacking in terms of the kind of quality, skills/abilities determined by department directors necessary to succeed in these occupations. He said department directors had complained that the current residency ordinance was impeding their ability to hire qualified persons. Following further discussion among the Committee members, the Committee deferred the foregoing proposed ordinance.

Board of County Commissioners 4/25/2006 Scheduled for a public hearing Internal Mgmt. & Fiscal Responsibility Committee 5/18/2006

Board of County Commissioners 4/25/2006 4M Adopted on first reading 5/18/2006 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Internal Management & Fiscal Responsibility Committee on May 18, 2006 at 2:00 p.m.

County Attorney 4/13/2006 Referred Internal Mgmt. & Fiscal Responsibility Committee 5/18/2006

County Attorney 4/13/2006 Assigned William X. Candela 4/13/2006

Legislative Text


TITLE
ORDINANCE REPEALING SECTION 2-11.17 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA RELATING TO 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. 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 3. 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.



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