Residency Question

[Rabbot]

Here is a question for you all. My employer has a residency requirement, and I have been looking to either get a exception or get more information about it. Here is what I have found so far.
1. There is no policy in our police policy manual
2. There is no city ordinance on residency
3. There is no policy in the city employee handbook on residency

I spoke with another officer who said that it was a city council resolution. Now for all you amateur law nuts what is the relevancy of the requirement if it is only a council resolution?

[pulicords]

If you're off probation and have civil service protections, you might want to contact your POA attorney. My understanding is that residency requirements are unlawful. At least they are here, in California. The agency (or city council) could require pre-employment applicants to live within a certain distance from the city, so as to allow them to quickly respond to emergency call-ins. If this "resolution" was passed after you were hired, it's probably in violation of FLSA. Good luck.

[SRT936]

If you're off probation and have civil service protections, you might want to contact your POA attorney. My understanding is that residency requirements are unlawful. At least they are here, in California. The agency (or city council) could require pre-employment applicants to live within a certain distance from the city, so as to allow them to quickly respond to emergency call-ins. If this "resolution" was passed after you were hired, it's probably in violation of FLSA. Good luck.

Actually, residency requirements are a matter of course in Wisconsin. In fact, there is specific statutory language allowing agencies to enact them.

To the OP. You'd have to determine exactly how the resolution was worded and passed. Some resolutions are binding (just like an ordinance) others are not. If your a represented unit, contact your BA and discuss it with them. If your not, you serve at the leisure of the Chief, the Mayor, and the Council within their individual commission.

Sorry I couldn't be clearer, but without further details its hard to give you a concise answer.

[pulicords]

Actually, residency requirements are a matter of course in Wisconsin. In fact, there is specific statutory language allowing agencies to enact them.

Some resolutions are binding (just like an ordinance) others are not. If your a represented unit, contact your BA and discuss it with them. If your not, you serve at the leisure of the Chief, the Mayor, and the Council within their individual commission.

Sorry to hear that. I'm constantly amazed how much tougher working conditions can be in other states/jurisdications. Even though people (who don't live here) think we've got things rough in CA, it's obviously a lot tougher in other states without laws to better protect peace officers' rights.

[Bing_Oh]

Residency was (and, in fact, still is) a major point of contention with public safety departments here in Ohio. There have been some very drawn-out legal battles between LE unions and cities over the residency quesiton. In fact, one such case was nearing the state Supreme Court just a couple of years ago, and the concensus was that residence requirement were likely to be declaired unconstitutional. Before a ruling could be handed down, the state legislature passed a law making residency requirements, to a degree, illegal. Now, there are more legal battles, this time with many cities fighting to have the new law overturned. The war rages on in my state.

All I mean (in my very long-winded way) is that it's going to be a quesiton of what your state's legislature and courts have decided on the issue.

[patroldog]

Residency requirements are usually of two origins, race and economics. In New Orleans race is a factor, there is no denying it, pre-Katrina if you did not live in the city but were already employed, you could not be promoted, at the time the city was 70% african -american and leadership was almost totally black, they can deny all they want, I was a personal victim so I have firsthand knowledge. After 30 years of service a "Contractor" was hired to "Reconfigure" the infrastructure in affect renaming positions which now called for the position holder to be a city resident. As a result I lost my position, my take home vehicle i had for 15 years and was forced into early retirement while less qualified personnel were moved into higher paying positions resulting in a drop of quality of service for the people of the city. Anyone who believes residency requirements are anything less than discriminatory in one way or the other is living in a fantasy world. Where a person lives should have no bearing on the quality of work produced no matter what the profession is. New Orleans has since "Dropped" its residency requirement due to personnel shortages, but, believe me it will be reinstated once they get where they need to be.

[Sgt Jack]

Here in Mass...Residency is a common practice for many departments..in fact just to be hired by most civil service departments you have to live in the city or town you want to work for one year prior to taking the civil service exam and if your lucky to be hired many still require that you either live in the city..such as Boston does...or you have to live within a 15 mile radius of where you work....

[Frank Booth]

I'd think it's more intuitive to NOT want the police to live where they work. It leads to corruption, higher rates of cronyism and nepotism and it's a lot harder to be impartial when you're policing your neighbors. Also, if I were in charge of certain resources, you can bet they'd be assigned with regard to where they would to my neighborhood the most good. It wouldn't be hard to justify doing it either. Nothing illegal or corrupt about it.

When police, including line officers and administration, live outside the areas they police, every neighborhood gadfly gets the same amount of consideration, politics from city hall notwithstanding. In the case of city hall politics, it's not the police doling out favors, but rather the politicians.

That's another reason for residency. If your cop jobs are also political patronage jobs, it doesn't do the patron as much good if the people he's rewarding with jobs can't vote for him and tell all their neighbors how great he is.....The neighbors can't vote for him either if they live in another town. The "vote for Joe Blow" lawn sign doesn't impress anyone 50 miles away on election day.

The idea that residents make better cops is outdated and unreasonable.

[PhilipCal]

In Alabama at least, a City Council Resolution would not have the force and effect of law. A properly passed City Ordinance would. A good number of local agencies require residence within thirty minutes driving time in case of call outs/emergencies. At state level, residence within the State of Alabama is a requirement. In the case of a Trooper, he/she must reside within the bounderies of the Post to which he/she is assigned. Generally, a 60 mile limit, residence to duty station is the rule. Division Chiefs have the authority to grant exceptions to the rule,at their discretion.Obviously, the law, as well as agency policy varies from state to state, even locality to locality.

[midwest5-0]

Our department had a residnecy rule for years and grandfathered in officers at the time it was started. The rule was changed three years ago and now allows officers with 7 years or more to move one hour driving time from their station. Here are the issues: Our city's public school system ranks one of the lowest in the U.S. and just lost it's certification (now run by the state). The city is economically in shambles and looks like a war zone in most parts. If I'm a resident, I have 2 choices...I can send my kid to the worst schools or I can pay thousands a year for elementary grades and "at least" 10+thousand to send them to a good private high school. The city cares about one thing and thats bringing in revenue...they could care less about what's fair for a civil servant who resides here. You can go to the store or anywhere for that matter and guess what...you get to see the same trash you lock up staring you and your family down in the frozen food section! I hear people proclaim that having a cop in their neighborhood makes them feel safer...i.e. I can go to his/her house anytime I have a problem or see what I think is a law violation. I serve the community 8-12 hours a day and am proud to do so; however, don't think about knocking on my door because your kid got into a fight at school or you want to know why the "cop" was rude to your daughter when she just got pulled over for doing her best imitation of Richard Petty. For the average officer, these rules area useless and unfair in every way.

Ok, done rambling...Merry Christmas and Stay Safe

[Seventy2002]

Now for all you amateur law nuts what is the relevancy of the requirement if it is only a council resolution?

Resolutions are expressions of opinion. If the council did pass such a resolution it should be on the record but that doesn't give it the force of law.

Talk to your city attorney.

[Rabbot]

They all are great points. thanks. Does anyone know for sure if they can enforce a resolution to the point of losing my job. I would ask the city attorney except that she would probably run to the mayor and right something up. I guess another option would to get the union involved?

[SRT936]

They all are great points. thanks. Does anyone know for sure if they can enforce a resolution to the point of losing my job. I would ask the city attorney except that she would probably run to the mayor and right something up. I guess another option would to get the union involved?

If you're unionized, talk to them. That's your best option all the way around.

As I mentioned before, in Wisconsin, there are two kinds of resolutions, binding and non-binding. Non-binding resolutions are what most everybody else is talking about, an advisory vote saying that the city supports (or doesn't support) the concept. Binding resolutions establishes rules that are not specifically authorized as ordinances. They are rare and don't happen often, but they do exist. I'm sure your union reps can advise you.