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HomeMy WebLinkAboutG23-20 Ordinance No. G23-20 AN ORDINANCE AMENDING RESIDENCY REQUIREMENTS FOR CITY OFFICERS WHEREAS, the City Council of the City of Elgin, pursuant to the city's home rule authority, has previously established certain residency requirements for city officers in Chapter 2.20 of the Elgin Municipal Code, 1976, as amended; and WHEREAS, the City Council has determined to amend the city's residency requirements including, by adding thereto the additional positions of police commander and police lieutenant; and WHEREAS,pursuant to Article VII, Section 6 of the Illinois Constitution,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the establishment and amendment of residency requirements for certain city officers pertains to the government and affairs of the city. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the foregoing recitals are hereby incorporated into this ordinance in their entirety by this reference, as if restated fully herein. Section 2. That Section 2.20.020 of the Elgin Municipal Code, 1976, as amended; entitled "Residency Required:" be and is hereby further amended to read as follows: "2.20.020: RESIDENCY REQUIRED: The following listing of full time officers and employees, employed now or hereinafter by the city, shall be required as a condition of their continued employment to maintain their bona fide residence and their principal place of abode within the corporate city limits of the city of Elgin: city manager, fire chief, police chief, assistant city managers, community development director, public services director, parks and recreation director, police deputy chief, police commander, police lieutenant, assistant fire chiefs, and city clerk. The residency requirement for police commander shall apply to any person first employed or promoted to the position of police commander on or after July 1, 2020. The residency requirement for police lieutenant shall apply to any person first employed or promoted to the position of police lieutenant on or after July 1, 2020." Section 3. That Section 2.20.030 of the Elgin Municipal Code, 1976, as amended, entitled "Establishment:" be and is hereby further amended to read as follows: "2.20.030: ESTABLISHMENT: A. All full time officers and employees of the city named in section 2.20.020 of this chapter who are subject to the residency requirement prior to July 1, 2020, shall establish residency within twenty four(24) months following original appointment whether or not probationary, or employment or promotion to an office or position for which a different residence is required by this chapter. Extensions of time in which to establish residency, or temporary exceptions to residency as required by this chapter, may be granted in the discretion of the city manager for a period not to exceed an additional thirty six (36) months, upon written application and, where there are practical difficulties or particular hardship in establishing residency within the time provided or in maintaining residency as otherwise provided. B. All full-time officers and employees of the city named in Section 2.20.020 of this chapter who become subject to the residency requirement on or after July 1, 2020, shall establish residency within twelve(12)months following original appointment whether or not probationary, or employment or promotion to an office or position for which a different residence is required by this chapter. Extensions of time in which to establish residency, or temporary exceptions to residency as required by this chapter, may be granted in the discretion of the city manager for a period not to exceed an additional twelve (12) months, upon written application and, where there are practical difficulties or particular hardship in establishing residency within the time provided or in maintaining residency as otherwise provided." Section 4. That Section 2.20.040 of the Elgin Municipal Code, 1976, as amended, entitled "General Provisions:" be and is hereby further amended to read as follows: "2.20.040: GENERAL PROVISIONS: The provisions of this chapter shall be in lieu of and shall supersede the provisions of 65 Illinois Compiled Statutes 5/3.1-10-6, as amended, and the provisions of 65 Illinois Complied Statutes 5/10-2.1-6(b), as amended." Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 6. That this ordinance shall be in full force and effect from and after July 1, 2020, upon its passage and publication in the manner provided by law. David J. Ka in, NXyor 2 Presented: June 24, 2020 Passed: June 24, 2020 Vote: Yeas: 9 Nays: 0 Recorded: June 24, 2020 Published: June 25, 2020 Attest: Kimberly Dewis, gy Clerk $. 3