H3. Ord 1872 - Repeal of Residency RequirementsCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO:
FROM:
SUBJECT:
MEETING DATE:
MEMORANDUM
Doug Russell, City Manager
Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.7758
charball@kalispell.com
Ordinance No. 1872 — The Repeal of Ordinance No. 1582 Relating to
Residency Restrictions for City Personnel
January 18, 2022 —Regular Council Meeting
BACKGROUND: On September 5, 2006, the City enacted Ordinance 1582, codified at KMC 20A-
1, setting forth residential restrictions and preferences upon employees hired by the City such that all
employees are required to live in Flathead County and receive a hiring preference if residing within the
city limits. Further, "any employee of the City of Kalispell who, as a requirement of his or her job
description, must be able to promptly respond to emergency situations within the City of Kalispell,
should reside within three air miles from the City of Kalispell, or a farther distance, only if able to
respond to the City of Kalispell with fifteen minutes from his or her residence."
All employees of the City are required, pursuant to the directives of the City of Kalispell Personnel
Handbook, to reliably keep to their scheduled worktimes in a punctual and timely manner. These
directives operate to effectively guide the city employees to determine where they may reasonably
reside and keep their work obligations with the City, independent of the residential restrictions put in
place by Ordinance 1582.
The available affordable residential housing for new city employees within the unrestricted area
defined by Ordinance 1582 has become significantly limited, making it difficult for the City of
Kalispell to hire the necessary personnel to fill job vacancies as they arise within the City. It may
therefore be reasoned that the residential restrictions mandated by Ordinance 1582 do not meet the
desired purpose of reliably maintaining an effective city work force.
RECOMMENDATION: It is recommended that the Council consider and pass Ordinance No. 1872
on first reading, thereby repealing Ordinance 1582.
ALTERNATIVES: The Council may discuss and offer other alternatives to the residency
requirement question.
ORDINANCE NO. 1872
AN ORDINANCE REPEALING ORDINANCE NO. 1582, CODIFIED AT KMC SECTION
20A-1, RELATING TO RESIDENCY REQUIREMENTS AND PREFERENCES FOR
EMPLOYEES OF THE CITY OF KALISPELL, DECLARING AN EFFECTIVE DATE
AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME.
WHEREAS, it is in the best interests of the City that its ordinances regarding city employee
requirements and restrictions be reassessed and updated from time to time to ensure
that the purposes of the employee requirements and restrictions are consistent with
other existing laws and properly serve the interests of the public; and
WHEREAS, on September 5, 2006 the City enacted Ordinance 1582, setting forth residential
restrictions and preferences upon employees hired by the City such that all
employees are required to live in Flathead County and receive a hiring preference
if residing within the city limits and "any employee of the City of Kalispell who,
as a requirement of his or her job description, must be able to promptly respond to
emergency situations within the City of Kalispell, should reside within three air
miles from the City of Kalispell, or a farther distance, only if able to respond to the
City of Kalispell with fifteen minutes from his or her residence"; and
WHEREAS, all employees of the City are required, pursuant to the directives of the City of
Kalispell Personnel Handbook, to reliably keep to their scheduled worktimes in a
punctual and timely manner, which directives operate to effectively guide the
employees where they may reasonably reside and keep their work obligations with
the City; and
WHEREAS, the available affordable residential housing within the unrestricted area defined by
Ordinance 1582 for new city employees has become significantly restricted making
it difficult for the City of Kalispell to hire the necessary personnel to fill job
vacancies as they arise within the City; and
WHEREAS, the Kalispell City Council therefore finds that the residential restrictions and
preferences currently mandated pursuant to Ordinance 1582 do not meet the desired
purpose of reliably maintaining an effective city work force and that it is in the best
interests of the public served by the City that Ordinance 1582 be repealed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. Ordinance No. 1582 enacted by the Kalispell City Council and
codified in the Kalispell Municipal Code at 20A-1 is hereby
repealed.
SECTION 2. The City Attorney is hereby authorized and directed to recodify this
Ordinance.
SECTION 3. This Ordinance shall take effect thirty (30) days after its final
passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS DAY OF , 2022.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk