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