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.
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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
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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
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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.
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