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E3. Ord 1871 repealing age related restrictions 2nd readingCity 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 — Repealing Those Portions of Kalispell Municipal Code That Place Age Restrictions on the Hiring of Police and Fire Personnel February 7, 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 more than thirty-four (34) years of age at the time of original appointment. 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 Montana 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 firefighter or police officer. 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. Therefore, this ordinance was proposed and was passed on first reading. RECOMMENDATION: It is recommended that the Council consider and pass Ordinance No. 1871 on second reading, thereby repealing Ordinances 1337 and 1467. ALTERNATIVES: The Council may discuss and offer other alternatives in regard to determining a candidate's capabilities to perform the job functions of a firefighter or police officer. 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 7TH DAY OF FEBRUARY, 2022. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk