Sec. 17-7. Employees to be residents; exceptions.
(a) Requirements. All officers of the city, as
defined in section 1207, and all employees of the city and any and all
agencies and instrumentalities
thereof, including all employees of the school
department and the department of public safety, shall be residents of
the city
during such employment; provided, however, that any
person exempted from such residency under the Home Rule Charter or other
relevant and applicable provision shall be likewise
exempted hereunder.
Persons not residents of the city may be appointed or
engaged for employment on the condition that within six (6) months of
such appointment or engagement they shall become
residents of the city.
Any officer or employee of the city who, during
employment ceases to be a resident and who is not exempt shall forfeit
his
or her position in the employ of the city. It shall be
the duty of the director of personnel to monitor this residency
requirement
regularly and to report timely any violations to the
mayor and city council for appropriate action. Violations may also be
reported directly to the residency commission for
investigation as provided for in section (e).
Police officers and firefighters shall become residents
of the city within six (6) months after he/she has been sworn into
his/her position.
The residency requirement shall apply to all full and
part-time employees of the city but shall not apply to temporary and
seasonal employees, as defined herein.
(b) Notification. Every employee shall be furnished a copy of the residency ordinance and a copy of the City Charter provision when hired and
annually thereafter. Failure to do so, however, shall not be held to excuse any noncompliance.
(c) Affidavit. Every employee shall sign a notarized affidavit averring that he/she is a resident of the city.
(d) Commission. There shall be a commission of five
(5) members, which shall enforce the residency requirement, as set
forth above. All violations
reported to the mayor and/or city council shall then
be reported to the commission for investigation and the commission shall
report to the mayor and the city council all findings
together with a recommended action. All violations reported directly
to the commission may be investigated and the
commission shall report to the mayor and the city council all findings
together
with a recommended action.
The commission shall consist of five (5) members, three
(3) of whom shall be council members, appointed by the council president
and two (2) of whom shall be appointed by the mayor. Each
member shall serve a term concurrent with the appointing authority.
(e) Reporting. The personnel director shall monthly
report any and all violations of the residency requirement to the mayor
and the city
council. The executive director of the civic center
and the superintendent of schools shall report any and all violations
by persons under their supervision to the personnel
director on a monthly basis.
(f) Definitions.
Residence shall mean domiciled in the City of Providence.
Domiciled shall mean that place where a person has his or her true, fixed, and permanent home and principal establishment, and to which,
whenever he or she is absent has the intention of returning.
Part-time shall mean an employee who is hired for fewer than thirty-five hours per week.
Temporary shall mean an individual who is hired
for a limited period of time or an individual employed to replace an
employee on authorized
leave for the period of such leave.
Seasonal shall mean an employee who is employed only during the months of June through September and who performs primarily recreation
or recreation-related work.
(g) Indicia of residency. All employees shall sign a release of state tax information relative to residency when hired. The address indicated on such
state tax records shall be the primary indicia of residency.
In addition, the following shall be considered evidence
of permanent and principal legal residence. An employee shall provide
three (3) of the same unless the employee is not entitled
to or does not qualify for such three (3). In such case, the director
of personnel may use the best available evidence to
determine the employee's residence. Provided, however, that upon
qualifying
and obtaining such documents, the same shall be tendered
forthwith to the director of personnel.
(1) The address furnished to the registry of motor vehicles for the employee's operator's license;
(2) The address from which the employee's motor vehicle is registered;
(3) The address furnished by the employee to the tax collector and/or assessor in those communities where the employee owns taxable
real or personal property for the purpose of notification to such employee;
(4) The residence address furnished by the employee to the insurance companies with which the employee maintains policies.
(5) The address furnished by the employee to any business, profession, union, or fraternal organization of which he or she is
a member;
(6) The address furnished by the employee to governmental agencies with which the employee has contact;
(7) The address furnished by the employee to the United States postal service on a change of address form as verified by the United
States postal service; and
(8) The address at which the employee is certified by the board of canvassers as an elector and resident of the city.
In all cases, the director of personnel shall conduct an appropriate hearing.
(h) Violation. Any officer or employee of the city
who, during the term of employment, ceases to be a resident shall
forfeit his or her
position in the employ of the city. An officer or
employee who does not reside in the city on the day after the six-month
period subsequent to hiring, and is required to do so,
shall forfeit his or her employ in the city.
(i) Exemption. Upon certification by the mayor that
after diligent search no person with proper qualifications can be found
to fill a particular
position among residents of the city, the city council
may exempt a nonresident employee from the provisions of this section.
If any individual wishes to apply to the city council for
an extension of the six-month period, he/she shall make such
application
prior to the expiration of the six-month period and shall
show just cause as to why the period should be extended. Whether
or not a reason is "just cause" exists for an extension
shall be solely in the discretion of the city council.
(Ord. 1931, ch. 801, § 1; Rev. Ords. 1946, ch. 2, § 167; Ord. 1947, ch. 1582, § 1; Ord. 1996, ch. 96-36, § 1—10, 10-15-96;
Ord. 1997, ch. 97-60, § 1, 9-29-97)
The most up to data city code of ordinances is available from the Providence City Government's web site.
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