Ordinance #8

Employees
Residency Requirements - Durand

An Ordinance Amending Section 5.8.10 of the municipal Code of the city of Durand Relative to Employee Residency Requirements.

The City Council of the City of Durand do ordain as follows:

1. Section 5.8.10 of the Municipal Code of the City of Durand is hereby amended to read as follows:

5.8.10 City Residency

A. Except as set forth in B. Below, all full-time City employees shall be required to be a resident of the City within six (6) months from the end of their probationary period. The Mayor may grant an extension of six months to an employee so requesting due to unavailability of housing with in the City limits. Any full-time City employee moving outside of the City limits shall be deemed to have resigned effective the day said employee started residency outside of the City limits.

B. Except as provided in G. Below, if the spouse of a City employee works for a different local governmental unit that has a local residency requirement, the married couple may reside within the residency limits established by the other local governmental unit that has a residency requirement and that employees the other spouse and the City employee spouse maybe exempted from the residency requirement of the City.

C. Except as provided in G. Below, if one of the spouses of a married couple works for a local governmental unit that has a residency requirement, which that spouse is subject to, and the other spouse would like to apply for a job with the City and is otherwise eligible to take a test for employment but for the City's residency requirement, the applicant spouse is exempted from the residency requirement of the City.

D. If a married couple that is described in B. above resides within the residency limits established by another local governmental unit that has a residency requiem and that employees the City employee's spouse and that couple ceases to live together because of legal separation, divorce, death of one of the spouses or any other reason, the City employee, if not living within the residency limits of the City, is subject to the residency requirement of the City on the first day of the sixth month beginning after the couple ceases to live together.

E. If a married couple that is described in B. above resides within the residency limits of another local governmental unit that has residency requirement and that employs the City employee's spouse and the residency requirement of that local governmental unit ceases to apply, the City employee that is not living in the City is subject to the residency requirement of the City on the first day of the sixth month beginning after the residency requirement of the local governmental unit in which the couple resides ceases to apply.

F. This residency policy shall not apply to appointed officials of the City, except that the City Clerk-Treasurer and the Chief of Police must, without exception, be residents of the City.

G. Definition. "Residency limits" as used in this section 5.8.10 is defined as the area within which an employee or appointed official is required to reside in order to comply with the local governmental unit's residency requirement.

H. This Section 5.8.10 does not affect:

1. Any stature that requires residency within the residency limits of any local governmental unit if the requirements applies to an employee who holds elective office.

2. Any provision of law that requires residency in this state.