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City Clerk's Office Item # R9
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: July 22, 2024
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Carla Sikes, City Attorney
SUBJECT: AN ORDINANCE AMENDING SECTION 10, CHAPTER 4 OF TITLE VI
OF THE PUEBLO MUNICIPAL CODE RELATING TO THE RESIDENCY
REQUIREMENT FOR CERTAIN UNCLASSIFIED EMPLOYEES.
SUMMARY:
Attached is an Ordinance which amends Section 6-4-10 of the Pueblo Municipal Code
to change the residency requirements for certain unclassified employees.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Section 6-1 of the City Charter requires that the City Attorney be a resident of the City
of Pueblo and in March 2016, the City Charter also required the City Manager to be a
resident of the City of Pueblo. On or about March 14, 2016, City Council approved an
Ordinance requiring all Directors, Heads of Bureaus and Departments, and Assistant
Managers to live within the City of Pueblo. Section 6-4-10 affects the following twenty-
four (24) positions:
Assistant City Manager
Assistant City Manager of Community Investment
Assistant City Manager of Development Services
Assistant City Manager of Finance
Assistant City Manager of Stormwater
City Attorney
City Clerk
City Manager
Deputy City Manager
Director of Aviation
Director of Finance
Director of Housing and Citizen Services
Director of Human Resources
Director of Information Technology
Director of Parks and Recreation
Director of Planning
Director of Public Works
Director of Purchasing
Director of Stormwater
Director of Transit
Director of Wastewater
Fire Chief
Municipal Court Judge
Police Chief
Anyone hired to one of these positions after the Ordinance was passed who did not live
within the City of Pueblo was required to establish residency within the City within six
(6) months of their hire date.
Since 2016 when the Ordinance was passed by City Council, the City has struggled to
recruit qualified candidates to these director level positions. Many potential candidates
have established properties outside the City, or for personal reasons, are unable or
unwilling to reside within the City limits. In addition, there is a shortage of affordable
housing within the City of Pueblo.
boundaries. If a residency requirement exists, it is typically only for the City Manager.
The City will soon be seeking a new Finance Director. Modifying the residency
requirement will allow staff to expand the potential applicant pool when recruiting, not
only for the Finance Director but all new Directors, Heads of Bureaus and Departments,
and Assistant Managers and to ensure the City is able to attract and retain the most
qualified people in these positions.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
City Council could continue to require all Directors, Heads of Bureaus and
Departments, and Assistant Managers to live within the City of Pueblo.
RECOMMENDATION:
Approve the Ordinance.
ATTACHMENTS:
None
ORDINANCE NO. 10746
AN ORDINANCE AMENDING SECTION 10, CHAPTER 4 OF
TITLE VI OF THE PUEBLO MUNICIPAL CODE RELATING TO
THE RESIDENCY REQUIREMENT FOR CERTAIN
UNCLASSIFIED EMPLOYEES.
WHEREAS, all Directors, Heads of Bureaus and Departments, and Assistant Managers
are currently required to live within the City of Pueblo;
WHEREAS, since this requirement was added to the City Code in 2016, the City has
struggled to recruit qualified candidates to apply for director level positions;
WHEREAS, there currently exists a shortage of affordable housing within the City limits;
WHEREAS, the City will be recruiting a new Finance Director making reevaluating the
residency requirement timely; and
WHEREAS, modifying the residency requirement will allow staff to expand the potential
applicant pool when recruiting new Directors, Heads of Bureaus and Departments, and
Assistant Managers and to ensure the City is able to attract and retain the most qualified people
in these positions; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
(brackets indicate matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 6-4-10 of the Pueblo Municipal Code is hereby amended to read as follows:
Sec. 6-4-10. Residency Requirement.
(a) \[The following unclassified employees of the City\] All Directors, Heads of Bureaus
and Departments, and Assistant Managers, who are appointed on or after May 1, 2016, shall,
as a condition of their employment, and as a condition of their continued employment, reside
within the \[corporate\] boundaries of Pueblo County \[the City of Pueblo\], within six months after
appointment and first date of employment.
\[(1) The Directors and Heads of Bureaus and Departments; and
(2) Assistant Managers.\]
(b)
rimary residence, within the boundaries of Pueblo
County \[the corporate boundaries of the City\] on a continuous and permanent basis.
(c) Any employee who violates any provision or requirement of this Section shall be
terminated and his or her position with the City shall be declared vacant.
(d) The requirements of Subsection (a) of this Section are not applicable to persons
who were appointed or employed as Directors and Heads of Bureaus and Departments and
Assistant Managers prior to May 1, 2016.
SECTION 2.
If any part, section, subsection, sentence, clause of phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of
this Ordinance or Chapter 4 of Title VI of the Pueblo Municipal Code.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance to effectuate the policies and procedures described
herein.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on July 08, 2024.
Final adoption of Ordinance by City Council on July 22, 2024.
____________________________
President of City Council
Action by the Mayor:
Approved on _______________.
Disapproved on ______________ based on the following objections:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____________________________
Mayor
Action by City Council After Disapproval by the Mayor:
Council did not act to override the Mayor's veto.
Ordinance re-adopted on a vote of ____________, on _____________
____________________________
President of City Council
ATTEST
________________________________
City Clerk