Residency Requirements – Providence

Date: 25 Nov 2008 | posted in: governance | 0 Facebooktwitterredditmail

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 hisor her position in the employ of the city. It shall be the duty of the director of personnel to monitor this residency requirementregularly 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 togetherwith 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 qualifyingand 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 applicationprior 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.