Why Wilmington is looking to remove residency requirements for new employees

Some Wilmington council members are pushing back on a plan to eliminate the residency requirement for city employees, arguing that Delaware’s largest city has plenty of qualified people within its borders.

Wilmington City Council members gathered outside City Hall Monday to raise awareness of Mayor Mike Purzycki’s proposal to eliminate the residency requirement for city employees, a requirement the administration says has “undermined the efficiency” of government and prevented the city from filling critical jobs.

There are 92 vacancies across Wilmington government, ranging from police officers and sanitation workers to engineers, planners and attorneys. Fifteen of those vacancies are currently posted for applicants.

“We are hopeful that there will now be applicants for these positions where there were none before now that residency is not a factor,” Purzycki said in a news release. “These vacant positions are undermining the efficiency of our government.”

Debate over Wilmington’s residency requirement has been ongoing for years, its preference oscillating with changes in the administration.

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Until the late 1990s, anyone hired by the city had to live in Wilmington, then the law was changed to require all employees to live in the city for the first five years of employment, according to City Code.

Councilmembers Vincent White, Shane Darby, Zanthia Oliver and Council President Ernest “Trippi” Congo on Monday called on their fellow colleagues to uphold the residency requirement. Wilmington City Council will be voting on the residency change during the legislative body's regular meeting at 6:30 p.m. Thursday.

Councilperson Michelle Harlee, who was not present at the news conference, also supports the law and called on colleagues to reach a compromise.

“I firmly believe that maintaining the integrity of our city’s residency policy is essential for preserving the character and quality of life that our community values. While it’s important to adapt and evolve with changing times, we must also prioritize the long interests of our residents,” Harlee said in a written statement read during the event. “I am committed to upholding our current policy while discussing a reasonable compromise for Wilmington residents.”

Residency law limbo

Wilmington in early 2022 asked the General Assembly to amend its charter to allow the city to decide whether to have a residency requirement.

The state legislative body granted that authority in July 2022, and the next month, an ordinance was introduced by the council president to end the requirement for appointed employees.

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The ordinance was later amended to include all city employees, Purzycki’s Deputy Chief of Staff John Rago said. Then, nothing happened.

City Council’s failure to act for the last 14 months prompted the administration to seek legal advice from the Law Department, Rago said.

“The administration views the city’s inability to fill critical city jobs as a crisis,” he said. “Absent council action for more than a year, it recently sought legal advice from the city Law Department, which confirmed the administration’s position that once the state granted the city the authority to act, and it failed to do so for over a year, a void was created regarding residency.”

The city charges that council’s failure to act has left the jurisdiction without a residency requirement, thereby giving department directors the ability to fill positions without regard to residency.

Why residency law should be eliminated

City officials and union leaders say the residency requirement places a burden on hiring across the board.

While residency requirements are often a focus of discussion when it comes to hiring law enforcement officers, the law in Wilmington affects every career and job post.

Rago said the Planning Department can’t find planners who will accept the residency requirement. Meanwhile, three vacancies in the Law Department means the city has to contract attorneys at a much higher cost, he added.

Finding affordable housing amid a housing crisis has also presented challenges to recent hires living in Wilmington. Mortgages are over 7% and affordable apartments are hard to come by.

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“It is highly unlikely that a person seeking a city job would uproot their family and their 4% mortgage to move into the city for five years,” Rago said. “For many job seekers, the burden of a residency requirement is just too much.”

Wilmington Police Union President Michael Groark also pointed out that recruitment and retention of police officers is a challenge across the country. A residency requirement only adds another obstacle to filling vacancies, he said.

“I believe the FOP is going to take the position that no residency requirement is an overall good for the city, and it’s going to open up the applicant pool,” Groark said. “You’re going to have more interviews, interview more people, and the city can always give preference to city residents.”

Why residency law should remain

While the residency law has caused consternation among elected officials for years, the law hasn’t always been followed. Exceptions have been made for some applicants, primarily those in management, to forego the requirement.

According to the city, about 70% of the current workforce has met the 5-year residency requirement.

In the past, the courts have supported residency laws.

According to a Fraternal Order of Police case in Iowa, the benefits outweighed the criticism – "such things as having employees available for emergency calls, employees having a stake in the community, enhancing the tax base, improving community attitudes and cooperation, increasing loyalty to the community, and reducing absenteeism."

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Council members who support the requirement said a complete removal of the law is “extreme.”

“We need to find a compromise in the middle where we’re able to put the best interest of our public, of our constituents,” Darby said. “It’s a slap in the face that we’re saying we don’t have talent here in the city of Wilmington, and we do. We have a lot of talent here. The city needs to invest in finding that talent instead.”

The councilperson recommended putting the issue up for public referendum and letting Wilmington residents decide. That effort would require at least nine council members to support.

“I believe we should move forward in that journey and let the residents make that decision,” Darby said.

Got a tip? Contact Amanda Fries at afries@delawareonline.com, or by calling or texting 302-598-5507. Follow her on X at @mandy_fries.

This article originally appeared on Delaware News Journal: Wilmington's residency law debate renewed over city vacancies