H2. Ord 1871 - Repeal of First Responder Age 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. 1871 — The Repeal of a Portion of Ordinance 1337 and
All of Ordinance No. 1467 Mandating Age Related Restrictions on
Hiring Firefighters and Police Officers
January 18, 2022 — Regular Council Meeting
BACKGROUND: On November 1, 1999, the City enacted Ordinance 1337, codified at KMC 9-1-
1(A) mandating that city employees serving as firefighters shall not be hired if older than the age of
thirty-four (34). On July 7, 2003, the City enacted Ordinance 1467, codified at KMC 22-6, mandating
that city employees serving as police officers shall not, at the time of their appointment, be less than
twenty (20) years of age or more than forty (40) years of age. Federal and state law has been further
developed and clarified since the time these ordinances were enacted and now regard such restrictions
to be a form of impermissible age discrimination and not necessarily indicative of a candidate's
capabilities to perform the job functions of a firefighter or police officer. As it is, the hiring and testing
process employed in the consideration of firefighter and police officer candidates focuses upon all of
the necessary job functions of these employees, thereby ensuring, as much as possible, that the
candidate hired into the position is capable and qualified to carry out the duties of the job.
RECOMMENDATION: It is recommended that the Council consider and pass Ordinance No. 1871
on first reading, thereby repealing Ordinance 1467 and repealing a portion of Ordinance 1337.
ALTERNATIVES: The Council may discuss other requirements or restrictions within the job
descriptions of firefighter and police officer but must avoid all restrictions that violate the legal rights
of a protected class.
ORDINANCE NO. 1871
AN ORDINANCE REPEALING THAT PORTION OF ORDINANCE NO. 1337, CODIFIED AT
KMC 9-1-1(A), RELATED TO AGE RELATED HIRING RESTRICTIONS FOR FIREFIGHTERS
EMPLOYED BY THE CITY OF KALISPELL, REPEALING ALL OF ORDINANCE NO. 1467,
CODIFIED AT KMC SECTION 22-6, RELATING TO AGE RELATED HIRING RESTRICTIONS
FOR POLICE OFFICERS EMPLOYED BY 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 November 1, 1999, the City enacted Ordinance 1337, codified at KMC 9-1-1(A),
mandating that city employees serving as firefighters shall not be more than thirty-four
(34) years of age at the time of original appointment; and
WHEREAS, on July 7, 2003, the City enacted Ordinance 1467, codified at KMC 22-6, mandating that
city employees serving as police officers shall not, at the time of their appointment, be less
than twenty (20) years of age or more than forty (40) years of age; and
WHEREAS, federal and state laws have further developed since the time Ordinance 1337 and Ordinance
1467 were enacted and now regards such restrictions to be a form of impermissible age
discrimination and not necessarily indicative of a candidate's capabilities to perform the
job functions of a police officer.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS:
SECTION 1. That portion of Ordinance No. 1337, codified in KMC 9-1-1(A) and
Ordinance No. 1467, codified at KMC 22-6, enacted by the Kalispell City
Council are 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 12022.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk