Part 13

RESIDENCE REQUIREMENTS

Sections:

• A. Each person who becomes an employee of the city on or after the effective date of this rule must reside within a radius of thirty statute miles, measured from the intersection of First and Santa Clara Streets, San José, or within the boundaries of the county of Santa Clara, at all times while he/she is an employee of the city; excepting, however, that persons who do not reside within either of said areas may be employed upon condition that such persons move into and establish residence within said thirty-mile radius or within the county of Santa Clara within such period of time, not to exceed one year from and after the date when such persons become employees of the city, as the civil service commission may deem reasonable in the circumstances, and reside within either of said areas at all times thereafter while they are employees of the city. Each person who shall have become an employee of the city prior to the effective date of this rule, and who continues to be an employee of the city after

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such date, and who on said date resides outside said thirty-mile radius or outside the county of Santa Clara may continue to reside at the address at which he resides on said date; provided, that if he should move from such address while so employed, his new address must be within said thirty-mile radius, within the county, or at a location which is not more distant than one-tenth statute mile from the City Hall of the City of San José than his former residence.

• B. Notwithstanding the above, the council may, by separate rule, provide that persons holding positions of employment within a class or classes of positions, regardless of when they became or become employees of the city, must reside in the county of Santa Clara or in the City of San José or within a specified distance from the City Hall, or other place of work, if the council finds that such residence requirement is necessary to enable such persons to carry out the functions, duties and responsibilities of their positions fully and properly.

• (Prior code § 2011.1.)

• A. Notwithstanding the provisions of Section 3.04.1550, any person heretofore or hereafter employed on a permanent full-time basis at the city's Tuolomne Camp, located approximately sixteen miles southerly from Groveland, California, may reside at some specified location situate outside the boundaries of the county of Santa Clara, California, so long as such place of residence is not so far distant from such person's place of employment as to adversely affect the performance of his city duties, functions and responsibilities and will not otherwise be contrary or detrimental to the best interests of the city.

• B. Notwithstanding the provisions of Section 3.04.1550, the civil service commission, or the city council on appeal from the civil service commission, in its discretion, may authorize an employee of the city to reside at some

specified location situated outside the boundaries of a thirty-statute-mile radius, measured from the intersection of First and Santa Clara Streets, San José, or outside the boundaries of the county of Santa Clara, if and when it finds all of the following to be true:

1. That the employee has been an employee of the city continuously, from a date prior to August 26, 1968; and

2. That said employee acquired or contracted to acquire the land situate outside said thirty-mile radius, or outside the county of Santa Clara, whereupon he proposes to reside, on a date prior to August 26, 1968; and

3. That requiring said employee to comply with the provisions of Section 3.04.1550 will cause him unnecessary hardship; and

4. That authorizing said employee to reside at said specified location outside said thirty-mile radius or outside the county of Santa Clara will not adversely affect said employee's performance of his duties, functions and responsibilities, and will not otherwise be contrary or detrimental to the best interests of the city.

• C. Any employee seeking to obtain such authorization shall file a written application therefor with the secretary of the civil service commission. Within a reasonable time thereafter, the civil service commission shall consider the matter and grant or deny the authorization requested. The commission, if it should so desire may grant said authorization subject to such terms, conditions and limitations as it may deem necessary.

• D. In the event that the civil service commission should deny said application, or in the event that it should grant the authorization as requested, but impose terms, conditions or limitations deemed by the employee to be unreasonable, then in such event the employee may appeal, within not more than thirty days from and after the date on which the civil service commission shall have rendered its decision to

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the city council for said authorization. The city council shall have full discretion to grant or deny said authorization, subject to such terms, conditions and limitations as it deems reasonable.

(Prior code § 2011.3; Ord. 18299.)

Each classified employee shall keep the director informed of his current home address and telephone number at all times. Failure to do so within thirty days after a change of address or telephone number may be cause for discipline. (Prior code § 2012.2; Ord. 21503.)

director may deem reasonably necessary to determine the condition of the health of applicants or employees for employment.

(Prior code § 2014.1(part); Ord. 20672.)

Any medical or psychological standards to be met by applicants for employment with the city, or by employees of the city, shall be determined by the director.

(Prior code § 2014.1(part); Ord. 20786.)