H4. Reso 6058 - Residency Requirements for Fire FightersCity 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
Resolution No. 6058 — Calling for Ballot Initiative to Repeal Firefighter
Residence Restrictions
January 18, 2022 —Regular Council Meeting
BACKGROUND: On November 2, 1981, the electors of the City of Kalispell passed a voter
initiative that mandated, "[A Kalispell City] firefighter, during the term of his or her employment, must
reside within three (3) air miles of the City or reside where they can report to the fire station within
fifteen (15) minutes of a fire call". This voter initiative thereby relaxed the residential restriction
existing at that time that required firefighters to live within the city limits.
The City of Kalispell fire service now schedules a platoon of firefighters to be on duty in the fire
stations on an every -day around the clock basis. In the years following 1981, the City entered into
mutual aid agreements with the numerous fire departments surrounding the City. This has had the good
effect of reducing response times and increasing the number the responding fire units in fire events
thereby significantly reducing the need for a response from off duty City fire personnel.
The issue now facing the City of Kalispell is that since 1981 the available affordable residential
housing for new firefighter hires within the three -air mile radius from the fire station has become
significantly restricted making it difficult for the City to hire the necessary personnel to fill vacancies
as they occur within the City fire department.
Pursuant to MCA § 7-5-132(3) the City Council is authorized to place certain legislative matters to a
vote of the city electors. The City Council may choose, therefore, to place the question of whether to
repeal the 1981 voter ballot initiative mandating the current firefighter residency restriction before the
city electors.
RECOMMENDATION: It is recommended that the Council consider and pass Resolution No. 6058,
placing the matter of the City firefighter residency restriction on the 2022 City of Kalispell Primary
Ballot.
ALTERNATIVES: The Council may discuss other alternatives to address the City firefighter
residency restriction issue.
RESOLUTION NO.6058
A RESOLUTION BY THE KALISPELL CITY COUNCIL TO SEND THE QUESTION OF
REPEAL OF A PREVIOUSLY APPROVED VOTER INITIATIVE REGARDING RESIDENCY
REQUIREMENTS FOR CITY OF KALISPELL FIREFIGHTERS TO THE CITY ELECTORS AS
A BALLOT MEASURE PURSUANT TO MCA § 7-5-132(3) AND APPROVING THE BALLOT
LANGUAGE.
WHEREAS, on the 2nd day of November 1981, the electors of the City of Kalispell passed a voter
initiative that mandated, "[A Kalispell City] firefighter, during the term of his or her
employment, must reside within three (3) air miles of the City or reside where they can
report to the fire station within fifteen (15) minutes of a fire call', thereby relaxing the then
existing residential restriction that required firefighters to live within the city limits; and
WHEREAS, the City of Kalispell fire service schedules a platoon of firefighters to be on duty in the fire
stations on an every -day around the clock basis, and further, in the years following 1981,
the City entered into mutual aid agreements with the numerous fire departments
surrounding the City which has resulted in greatly reduced response times and increased
the number the responding fire units in fire events thereby significantly reducing the need
for a response from off duty City fire personnel; and
WHEREAS, in the years subsequent to 1981 the available affordable residential housing for new
firefighter hires within the three -air mile radius from the fire station has become
significantly restricted making it difficult for the City of Kalispell to hire the necessary
personnel to fill vacancies within the City fire department; and
WHEREAS, the Kalispell City Council therefore finds that it would be reasonable and prudent to
reconsider the firefighter residency requirement by seeking the vote of the city electors on
this restriction enacted into law by the city electors in 1981; and
WHEREAS, the Kalispell City Council therefore finds that submitting the ballot, attached hereto as
Exhibit "A" to the city electors is in the best interests of the city.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS:
SECTION 1. A ballot measure regarding the residency requirements for Kalispell City
Firefighters shall be placed before the City of Kalispell electors on the 2022 date set for
the Primary election in the form as set forth on Exhibit "A" attached hereto.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY
OF KALISPELL, THIS 18TH DAY OF JANUARY, 2022.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
r R1 I i
OFFICIAL BALLOT
CITY OF KALISPELL
FIREFIGHTER RESIDENCY REQUIREMENTS
INSTRUCTIONS TO VOTER: Make an X or similar mark in the vacant square before the
words REPEAL - YES if you wish to vote to repeal the residency requirements for City of Kalispell
firefighters. If you are opposed to the repeal of the City of Kalispell residency requirements for
firefighters make an X or other similar mark in the square before the word REPEAL - NO.
Shall the electors of the City of Kalispell repeal the voter initiative adopted by the
electors on November 2, 1981 which mandates, "[A Kalispell City] firefighter, during the
term of his or her employment, must reside within three (3) air miles of the City or reside
where they can report to the fire station within fifteen (15) minutes of a fire call'?
❑ REPEAL -YES- for repeal of the November 2, 1981 Initiative
❑ REPEAL - NO- against repeal of the November 2, 1981 Initiative