Miami-Dade Legislative Item
File Number: 072117
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File Number: 072117 File Type: Ordinance Status: In Committee
Version: 0 Reference: 07-164 Control: County Commission
File Name: REPEAL RESIDENCY REQUIREMENTS Introduced: 7/6/2007
Requester: NONE Cost: Final Action: 11/6/2007
Agenda Date: 11/6/2007 Agenda Item Number: 7A
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
Indexes: REPEAL ORDINANCE
  RESIDENCY ORDINANCE
  RESIDENCY REQUIREMENTS
Sponsors: Natacha Seijas, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Katy Sorenson, Co-Sponsor
  Carlos A. Gimenez, 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 11/6/2007 7A Adopted P
REPORT: Commissioner Moss noted that it was his intent to protect the jobs and opportunities for the residents of Miami-Dade County, he said that Miami-Dade County employees should reside here and pay taxes here, and that he could not support the foregoing proposed ordinance. Commissioner Sosa expressed her concerns and noted that local preference should be given to Miami-Dade County residents the first time then opened to residents of other counties. She further noted that the working class was moving out of Miami-Dade County and that this ordinance may cause more people to move out of Miami-Dade County. Commissioner Sosa stated that she was not in support of the foregoing proposed ordinance. Commissioner Edmonson spoke in support of the foregoing proposed ordinance. She noted that she was not if favor of dictating where employees should reside; she further noted that the focus should be kept on affordable housing so employees could reside in Miami-Dade County. Commissioner Diaz suggested amending the foregoing proposed ordinance to include 5% local preference for Miami-Dade County residents. Commissioner Seijas concurred with Commissioner Diaz’s suggestion. County Attorney Cuevas explained that the foregoing proposed ordinance could not be amended; a separate item would have to be prepared in addition to the foregoing ordinance. Commissioner Heyman spoke in support of the foregoing proposed ordinance. Chairman Barreiro concurred with Commissioner Moss’ comments and stated that he was not in support of the forgoing proposed ordinance.

Budget and Finance Committee 10/9/2007 2M Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Jess McCarty read the forgoing proposed ordinance into the record. The public hearing was opened, and the following individuals appeared in support of this proposed ordinance: 1. Mr. Jay Staley, President AFSCME 121, 11560 SW 81 Terrace; 2. Mr. Leon Fuller, AFSCME 199, 201 NW 7 Street; and 3. Mr. Richard Ellis, 2700 Ponce De Leon Boulevard, Suite 200. The public hearing was closed after no other persons appeared in response to Chairman Martinez’s call for persons wishing to be heard. Commissioner Diaz asked that he be listed as a co-sponsor. In response to Commissioner Diaz’s question regarding this proposed ordinance including a local preference percentage for County residents, Ms. Corrine Brody, Interim Director, Human Resources Department, explained that this proposed ordinance would impact the external recruitment process; and that the County experienced difficulties filling certain classifications that the Florida Economy indicated would increase in demand. She noted she would consider including a local preference provision for classifications with an available pool of candidates. Commissioner Diaz asked Ms. Brody to include a local preference percentage in this proposed ordinance before it was considered by the County Commission. Commissioner Sosa noted she could not support this proposal without a provision that allowed County residents the right to apply before residents of other Counties and without a local preference percentage. She expressed concern regarding this proposal indicating that County residents were not quality employees; and that the County Government had failed to provide for residents’ needs if the working class could not afford to live in the County. Following comments by Commissioner Gimenez in support of a local preference percentage, Ms. Brody noted some employees had family responsibilities that could necessitate living in another County. Following Commissioner Sorenson’s comments in support of this proposed ordinance, the Committee proceeded to vote.

Board of County Commissioners 9/4/2007 Scheduled for a public hearing Budget and Finance Committee 10/9/2007

Board of County Commissioners 9/4/2007 4A Adopted on first reading 10/9/2007 P
REPORT: Commissioner Edmonson asked to be added as a co-sponsor to the foregoing proposed ordinance. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Budget and Finance Committee meeting on October 09, 2007 at 2:00 p.m.

County Attorney 7/6/2007 Referred Budget and Finance Committee 10/9/2007

County Attorney 7/6/2007 Assigned William X. Candela 7/6/2007

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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