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APPLICABILITY OF GOVERNMENT CODE EMPLOYEE RESIDENCE REQUIREMENTS TO CITY CHARTER
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APPLICABILITY OF GOVERNMENT CODE EMPLOYEE RESIDENCE REQUIREMENTS TO CITY CHARTER
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1/3/2012 1:31:18 PM
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Legal Opinions
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APPLICABILITY OF GOVERMENT CODE EMPLOYEE RESIDENCE REQUIREMENTS TO CITY CHARTER
Date
8/16/1972
Agency
Personnel Services
Notes
OPINION 72-17
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<br /> <br />~:~ conclusi o.~ we must state however that the California <br />.-. ,_~~:.,~,..._e and the YJ.S. SuprEr:e Court, have been, and now arc, <br />''~ ~~~~-e-lel~r ac-c_ve in tl.~~ -Mold of residency require;:.ents, and their <br />:-;~nor~I ccurse of d~.rection has boon to lec: islate against and strike <br />dawn all residency requirements which do not have a "compelling <br />,over~:.::c..tal interest. " <br />Ze' ilc:nc~u v ~Talsor-_, 4 Cal 3rd 7i6; <br />n_oceedi_~~;s City Attorney's De~,~artmen-t Spring r4eeti~:a 1971, <br />G;~iniG_~ c= .Tozn R. Sherrc.~:n, City AttG'^ney or Scenic City of <br />r'ctCl~lcc;. . <br />General law cities who are now bound by the provisio~zs of <br />Section 50083 of the Gcvernment Code are trying to get around the terms <br />of its provisions by imposing that employees residences must be <br />located in such s..roximity to the city as to allow such employees a <br />reasonable response time to the place where they are stationed or a <br />reasonable mileage limitation zrom t'r~at station. The imposition of <br />-c'r~es roquirer.~ents 'ryas been restricted to police and fire personnel <br />u~d any other types of "emergency personnel", of the general cities <br />:volved. Evidentally the legality of imposition of these additional <br />restrictions, despite Government Ccde Section 50083, has been concurred <br />in r~luctGntly by the Peace Gficers Research Association of Calif- <br />ornia. G`~~eral Law ci-::ies will thus only be able to use "time or <br />.mileage respczse" as ~. .~o~:ditIon of employment of only those persons <br />~:r'ro rwve a~1 immediate, s~.':~stantiGl and direct responsibility to the <br />emergency protcctio~~ of the public's hcaltz and vrelfare. ~t may well <br />also be that i f Seci.ion 50083 is rc:ade applicable specifically to <br />~;:_arter cities that Charter cities may as well have to use the "time <br />or mileage response" theory in order to impose residency requirements. <br />~~ is therefore suggested that the city immediately commence gathering <br />::actual data to su;:.stantiate the requirement of a "time or mileage <br />response°' requirement. <br />See also 3-^• Cal Jur 2d 750. <br />Res~~ectfully Submitted, <br />James A. Withers, City Attorney <br />by <br />Charles J. Liberto, Deputy City Atty. <br /> <br />27 <br />
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