Loading...
HomeMy WebLinkAbout10746 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