E4. Ord. 1888, Repeal Firefighter Residency RequirementsKalispell City Attomey's Office
(406) 758-7709
CITY OF P.O. Box 1997, 201 1st Ave. East
ALISPELL Kalispell, Montana, 59903-1997
www.kalispell.com
REPORT TO: Doug Russell, City Manager
FROM: Johnna Preble, City Attorney
SUBJECT: Ordinance 1888 — Repeal Firefighter Residency Requirements
MEETING DATE: August 1, 2022
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 everyday 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
effect of reducing response times and increasing the number of responding fire units in fire
events, thereby significantly reducing the need for a response from off duty City fire personnel.
The Kalispell City Council found that it was reasonable and prudent to reconsider the firefighter
residency requirement to broaden housing options for employees and potential employees in the
fire department, similar to other employees of the city. As such, the City Council placed the
matter on the ballot for the city electors to consider repealing this restriction. A ballot measure
regarding the residency requirement was placed before the City of Kalispell electors on the
Primary election on June 7, 2022, and the city electors determined that it should be repealed.
During the July 18, 2022, City Council meeting, Council unanimously approved the first reading
of Ordinance 1888 to repeal firefighter residency requirements.
RECOMMENDATION: Motion to approve the second reading of Ordinance 1888 to repeal
firefighter residency requirements.
ALTERNATIVES: As suggested by Council.
ATTACHMENTS: Ordinance 1888
ORDINANCE NO. 1888
AN ORDINANCE REPEALING ARTICLE I, SECTION ILC. OF ORDINANCE NO.1337,
CODIFIED AT KMC SECTION 9-1-1, RELATING TO RESIDENCY REQUIREMENTS
OF KALISPELL FIREFIGHTERS, 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 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 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 of 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 found that it was 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, a ballot measure regarding the residency requirements for Kalispell City
Firefighters was placed before the City of Kalispell electors on the Primary election
date of June 7, 2022; and
WHEREAS, the City Electors determined that a repeal of the residency requirement is in the best
interests of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. Article I, Section II.0 of Ordinance 1337 enacted by the Kalispell
City Council and codified in the Kalispell Municipal Code at 9-1-1
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 1 ST DAY OF AUGUST, 2022.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk