Boston Residency Requirement

This is what Councilor Elliot wants to bring to Lowell

Any person may apply for a City of Boston job. However, the selected applicant must be a resident of Boston on the first day of employment.

Newly hired employees are governed by the City of Boston Ordinance 5-5.3 as amended on July 21, 1994. Upon date of hire, and annually on February 1st, all employees subject to the City of Boston ordinance must file a certificate of residency and sufficient documentation with their respective department heads.

Employees must remain residents during their entire employment with the City of Boston.*
* Certain unionized members may become exempt from the residency ordinance in accordance with the relevant collective bargaining agreement.
Failure to file an annual residency certificate and sufficient documentation will result in a voluntary termination of your employment.

City of Boston Municipal Code, Section 5-5.3

Every person first employed by the City of Boston on or after July 1, 1976, shall be a resident of the City of Boston, and shall not cease to be a resident of the City of Boston during his employment by the City. For the purposes of this ordinance, an employee shall be any person receiving monies from the City or the Boston Water and Sewer Commission subject to withholding taxes by the State or Federal Government, except principal employees and officers subject to the provisions of subsection 5-5.2 hereof.

All persons promoted by the City on or after July 1, 1976, shall be, or within one year of such promotion become, a resident of the City as defined herein. Failure to do so shall be determined to be a voluntary termination of employment.

Upon taking employment with the City, and annually on February first thereafter, every person subject to this section shall file with his or her Department head, or like officer, a certificate, signed under the pains and penalties of perjury, stating his or her name, and place of residence. A copy of every such certificate shall be transmitted by the Department head or like officer to the Boston Residency Compliance Commission within five (5) business days of filing. Upon receipt of a certificate indicating a place or residence not within the City of Boston, or if no such certificate is filed, the Department head or like officer shall forthwith strike the name of the employee from the payroll, that person shall cease to be employed by the City, and the Department head or like officer shall give notice of his action to the City Clerk, who shall transmit the same to the City Council, the Mayor, and the Collector-Treasurer. No person so stricken from a payroll, shall be reemployed by the City for a period of one year following the cessation of his or her employment. Every employee shall be furnished a copy of the residency ordinance when hired and annually thereafter, but failure to receive a copy shall not be held to excuse any violation.

Any person, acting in behalf of the City who makes payment of wages to any person stricken from a payroll under the provisions hereof, within one year of the date of striking, and any person accepting such payment, shall be punished by a fine of two ($2.00) dollars for each dollar so paid or accepted.

To the extent permissible by law, no collective bargaining agreement hereafter entered into by the City of Boston shall contain any provision contrary to the provisions hereof, nor shall the absence of any provision with respect to the residency of any person hired after the date of such contract be deemed to prevent enforcement of this section.

To the extent permitted by Chapter 31 of the General Laws, every examination held to establish a Civil Service list for employment by the City of Boston shall be restricted to City of Boston residents.

In the event that this section shall be deemed to be in conflict with a provision of any general or special law, the provision of that general or special law shall govern, and shall not defeat the application of this ordinance with respect to any position not governed by that law.

The provisions hereof shall not be waived by the Mayor nor the City Council with respect to a particular person or position. With respect to previous waivers exempting a particular person or position from the residency requirement, such waivers shall continue until such time as the waived individual terminates employment or the waived position becomes vacant.

The provisions hereof are severable, and the action of any court of competent jurisdiction in declaring any part or portion hereof invalid, shall not act to defeat any remaining part or portion hereof, and any such action declaring this section invalid with respect to any position or person shall not be held to apply to any other person or position.

In construing this ordinance, residence shall be the actual principal residence of the individual, where he or she normally eats and sleeps and maintains his or her normal personal and household effects. This ordinance shall be deemed to affect both Civil Service and non-Civil Service employees of the City.

(Ord. 1976 c. 9; Ord. 1994 c. 10 §§ 1-4; Ord. 1995 c. 7 § 1)
City of Boston Municipal Code

City Council Agenda Tuesday Nov. 1st 2011

Agenda for City Council on November 01, 2011, 06:30 PM

PRESENTATION
From DPD regarding the Sustainability Snapshots Talking Points.

CITY CLERK
1. Minutes of City Council Meeting October 25th , Economic Development Sub/Committee October 25th , and Ad/Hoc Clerk Oversight Sub/Committee October 18th for acceptance.

UNFINISHED BUSINESS
2. That the City Council implement all steps necessary, procedurally and otherwise, to fill the open position of City Clerk.

CITY MANAGER
3. Communication-From City Manager Responses to City Council Motions and Requests.

Presentation from Drug Discount Card Company regarding launch of discount card program.

4. Communication-From City Manager, request approval Out of State Travel (1) LPD.

5. Vote-Auth. Mgr. execute MOU re:520-524 Central St.

6. Order-60 Day Trials (University Ave. & Gates St.).

7. Vote-Auth. Mgr. Lease eleven (11) Parking Spaces (Leo A. Roy Municipal Parking Facility) to United States Government.

8. Vote-Auth. Mgr. execute MOA between Greater Lowell Workforce Investment Board.

REPORTS (Sub/Committee, if any)
9. Ad/Hoc Clerk Oversight Sub/Committee report from October 27th.
10. Finance Sub/Committee report from November 1st.
11. Wire Insp.-Reports of National Grid for: (1) pole location Hildreth St.

MOTIONS
12. C. Mercier – Req. the City Mgr. have proper department repair steps in front of the old Health Dept. in the JFK Plaza.
13. C. Mercier – Req. two adjacent “No Parking – Handicap Drop-Off-Monday-Friday 8:00Am-4:00PM” signs at Community Family, 236 Broadway St. on the Adams Street side of the building.

14. C. Elliott – Req. the City Mgr./City Solicitor get an opinion from the Ethics Commission on hiring process for Treasurer.
15. C. Elliott – Req. the City Council adopt residency requirement for city employees similar to the City of Boston Ordinance.

16. C. Murphy – Req. Mgr. explore a Bank On Lowell initiative in partnership with local non-profits, banks and credit unions to provide access to low-or no-cost financial services and education for un-or underbanked families.

Council Spotlight – John Leahy

John Leahy has been on the Lowell School Committee for the past 10 years and is attempting to move to the City Council.

1) After a successful run on the Lowell School Committee, Why run for City Council this year?

I have served five terms on the Lowell School Committee and loved every minute of it. Some weeks were harder than others but I have met a lot of wonderful people and made a lot of great friends. The best thing of all was being able to help a lot of kids. I decided that five terms was enough and I should let someone else have a chance to serve. I still would like to serve my City so this is why I decided to run for a council seat this year. I know that I can do the Job and I want to be strong voice for the people of Lowell. I have a lot of good ideas and most of all I know how to listen to the constituents of Lowell.

2) What do you see has the 3 biggest issues facing the City of Lowell and what would you do about them?

1. Financial stability and growth. We need to expand our tax base and take the tax burden off the residents.

2. We need to focus on our neighborhoods and give them the attention that they deserve.

3. Downtown development, lets not forget to give them the attention they need to be successful.

3) What do you consider your proudest accomplishment has a school committee member?

I would have to say that I am proud to have worked well with so many great people and hopefully made a difference in some young lives.

4) Do you support the current City Manager?

Yes, I support the current city manager. I want him to be successful and move the City forward. I know that I do not always agree with his decisions and will not be afraid to work with him if elected.

5) Are you satisfied with the Police coverage/capacity to protect the citizens/visitors/college students of a first class community. If yes,why? If not, what are your specific proposals to address these needs other than applying for state/federal short term grants?

Yes I am satisfied with the police protection in the City. I have met with Chief Lavalle and had a great conversation with him about how the council can support him in his efforts to protect and serve the City of Lowell.

6) Any upcoming events or contact information you would like to list for people interested in your campaign?

I would just like to thank you for this opportunity to reach out to the voters and ask for their support and a vote on November 8th. My phone number is in the book for anyone that would like to call me and I also am on face book.