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Res 1899 12/21/1976RESOLUTION NO. Off RESOLUTION ESTABLISHING RESIDENCY REQUIREMENTS FOR CITY EMPLOYEES. WHEREAS, Section 62 of the Wichita Falls Charter pro- vides that, in making appointments, the City Manager shall give preference to citizens of Wichita Falls; and, WHEREAS, the United States Supreme Court has upheld the right of a City to require that its employees reside within the City; and, WHEREAS, the City Manager intends to amend Section II , Paragraph 9 of the Personnel Rules and Regulations for the City of Wichita Falls, regulating the residency of employees of the City, which is found to be reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Such residency rule, a copy of which is attached hereto, is hereby approved, and the City Manager is authorized to establish such rule as a part of the Personnel Rules and Regulations for the City of Wichita Falls. PASSED AND APPROVED this the 21st day of December, 1976. G'" A Y 0 R GG ATTEST: 25.42---,A) City Clerk R Residency Rule For purposes of this section "residence" means the true, fixed and permanent home of the employee or applicant for employment, to which whenever he is absent he has the intention of returning. The term "reside" as used in this section means lives at the residence. In accordance with Section 62 of the Wichita Falls City Charter city residents will be given preference in all appointments. Applicants who reside within thirty (30) miles of the corporate city limits may be hired and allowed to maintain residence outside the city limits if the labor market is such that quali- fied applicants cannot be found within the City. No applicant residing outside the city limits may be employed without prior approval of the Division Director, Personnel Director and City Manager. Such approval will be based on the, individual circum- stances involved and only if qualified applicants cannot be obtained from inside the city limits. The Personnel Director shall certify to the City Manager that the position has been requisitioned, the number of days the position has been vacant and that no qualified applicants from within the city limits has been submitted for consideration. Employees who have been granted permission to reside outside the city limits prior to January 1, 1977 may continue to reside outside the city limits. Employees who have permission to reside outside the city limits have been granted permission based on a specific residence address given at the time of approval. If any employee has moved from the residence address given at the time of approval and did not receive permission the employee will be given fifteen (15) days to request permission to continue residency outside the city limits . Approval will be based on the continuation of the hardship conditions that existed when approval was originally granted. If approval is not given the employee will have sixty 60) days to move inside the city limits. Failure to do so will be cause for dismissal. Requests by employees to move their residence outside the city limits will be discouraged. Requests must be approved by the Department Head, Division Director, Personnel Director and City Manager. Approval will be contingent upon the individual circum- stances involved and will only be granted in cases of extreme hardship. The term "extreme hardship" is intended to mean any condition that is so severe that its continuation will have a significant and demonstrable effect on the employee's or his immediate family' s well being. Once approval has been granted employees will not be allowed to move to another residence outside the city limits unless the move is necessitated by reasons beyond the employee 's control such as the residence being condemned for right-of-way, etc. In no case may an employee reside more than 2- thirty (30) miles outside the city limits. Violation of this section will be cause for dismissal. Employees who are residing outside the city limits as of January 1, 1977 and who have not been granted permission to do so will be given fifteen (15) days to request permission to continue residency outside the city limits. Approval will be contingent upon the employee establishing the fact that a hard- ship condition existed at the time of moving outside the city limits and that such condition continues to exist at the time of this application. If approval is not given the employee will have sixty (60) days to move inside the city limits. Failure to do so will be cause for dismissal. As a part of their working agreement, all employees are required to provide their Department Head and Personnel Department with any change of residence address as soon as possible after the change occurs. Falsification of residence address or failure to report change of residence address within thirty (30) days of such a change will be cause for dismissal. Any employee whose telephone number is considered a long distance number will be responsible for the cost of all calls originated by said employee. (e.g. employee calls in sick) . No employee residing outside the city limits shall be permitted to drive a city vehicle to and from his place of residence with- out permission of the Department Head, Director and City Manager. Such approval shall be contingent on the employee having to respond to emergency calls during normal off duty hours. Approvals must be filed in the employee ' s personnel folder.