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5. Ordinance 1582 - Amending Ordinance 847 - Residency Requirements - 1st ReadingCity of Kalispell Charles A. Harball Office of City Attorney City Attorney 312 First Avenue East ,o. Box 1997 Kalispell, MT 59903-1997 MEMORANDUM To: Mayor Pamela B. Kennedy and Kalispell City Council FROM* Charles Ha all, City .Attorney James H. Patrick, City Manager Tel 4.7.770 Fax 406.758.7771 charball@kalispell.com SUBJECT: Orffinance 1582 --- Amendment to the Residency Requirements for Department Heads and Their Assistants MEETING ATE: Monday, July 17, 2006 — Regular Meeting BACKGROUND: Currently ordinance 847 requires all department heads and their assistants to live within the Kalispell City limits unless otherwise authorized y the City Council. At the workshop on July 10, Council discussed hi's restriction regarding the job requirements of the Police Chief and then generally regarding all department heads. Staff was requested to bring to Council an amendment to change the residency requirement to broaden the allowed residency area to include areas ode of the city limits. The recommended amendment allows the residence to be within 3 miles or a 15- inute response time to the City. Kalispell firefighters have a similar restriction. This addresses the general legally accepted restriction to require critical employees o be able to respond within an appropriate period of time in the eve.t of an emergency. RECOMMENDATION: That Council consider and pass ordinance . 2. FISCAL EFFECTS: None. Respectfully wb� ni e c ,, Cha trg�a ball, City Attorney saes H. Patrick, , City Manager ORDINANCE NO. 1582 AN ORDINANCE TO AMEND ORDINANCE No. 847 TO REQUIRE ALL DEPARTMENT HEADS AND THEIR ASSISTANTS TO RESIDE WITHIN THREE MILES OR 15 MINUTES RESPONSE TIME TO THE CITY AND DECLARING AN EFFECTIVE DATE. E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, M N ANA, AS FOLLOWS: SECTION I Ordi 'nance No. 847, enacted by the Kalispell City Council on December 8, 1975 shall be and is hereby amended at Section 2 to read as follows: All city employees appointed to a position as head of a department of the City, and such assistants to such department heads as the council may from time to time designate, shall, during the terra of such appointment, reside within three miles or fifteen minutes responsetime . the City. a a 1 a 4 # M +on sueh a i SECTION II This Ordinance shah be effective thirty (30) days from and after the date of its final passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS DAY OF , 2006. Pamela B. Kennedy Mayor .Attest Theresa White City C i er ORDINANCE No, AN ORDINANCE To PROVIDE FOR THE RESIDENCY REQUIREMENTS of FULL TIME AND TEMPORARY EMPLOYEES of THE CITY of KALISPELL E IT ORDAINED BY THE CI TY COUNC I L OF THE CITY of KALISPELL o T& f SECTION 1. Every person now employed by, or hereafter employed by the City of Kalispell as a full time employee of any depart...- ment of the City of Kalispell shall, at the time said person is employed, and at all timms thereafter, be required to maintain his bona fide residence within Flathead County* SECTION 2. All city employees appointed to a position as head o department of the City, and such assistants to such department heads as the council may from time to time desigante, shall, during the term of such appointment, maintain a bona fide residence within the city limits of the City of Kalispell, unless authorized y the City Council to reside -outside the city limits v such authorivation may be given with such conditions as the Council may deem, necessary and impose upon such appointee. SECTION 3. Any present employee of the City residing within the city limits or any person hereafter eiknloyed by the City o ' X- .spell, who is, at the time of such employment,l a resident within the KaJispell City Limits, may move his residence to any point outsl".de the limits of the City of Kalispell, but within Flathead County, only with the authorization of the head of the department wherein said employee is employed and with the concurrance of the City Council; such authorization may be given with such o f ions s the Council may deem -necessary and impose upon such o .. . .,, SECTION 40, This ordiance shall not apply to temporary or seasonal employees of the City of Kalispell, or to persons employed � furnish professional or technical sets to the City or to elected or a poined o.fficers of the City. "�X"�' 5, All ordinances olu ons or portions thereof, of th PASSED EVY THE F THE CITY of KALS EL , M NTANA ► AND A-PPROVE,t6Y TITE M.Ytax DAY of DECEMBER, 1975. orm E Hap ., Mayor. f E S 770 ' t z r 1 ,} rg`e• $ a d� , Ca'�Clerk