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01. Ordinance 1582 - Amending Ordinance 847 - Residency Requirements - 2nd ReadingCity of Kalispell Charles A. Harball office of City Afforney City Attomey 312First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 MEMORANDUM TO: Mayor Pamela B. Kennedy and Kalispell City Council l FROM: Charles Harball, City Attorney James H. Patrick, City Manager Tel 406.758,7708 Fax 406.758.7771 charb,all@katispell.com SUBJECT: Ordinance No. 1582 - Residency Restrictions for Employees of the City of Kalispell — second Reading MEETING ATE: Tuesday, September 5, 200 — Regular Meeting BACKGROUND: * The City Council considered and passed this matter on first reading on August 21, 2006. Ordinance No. 1582 expresses the valid policies and adopts the regulations of employee residency restrictions. First, ordinance 847, which regulates the resi.d.ency restrictions for general city personnel is repealed.. Ordinance .ce 5 that requires police officers to reside i the City of Kalispell is mended to be co Este t with the policies and restrictions set out in Orffinance No. 1582. Ordinance 33 that addresses the residency of firefighters is left unaltered because that ordinance is the result of a voter initiative and is reasonably consistent with Ordinance .582 in that it requires firefighters to "reside within three 3 air miles of the City or reside where they can report to the fire station within fifteen 5) minutes of a fire call." This ordinance requires all employees hereafter hired by the City to live i Flathead County for the of cy reason that the costs and time of travel outside of the County for employment may leaf to an unacceptable level of absenteeism and tardiness. Further, unless otherwise regulated by City ordinance or state law, and for the pohey reason to meet the needs of the public health and safety of the citizens of the City of Kalispell, any employee of the City of Kalispell who, as a requirement of his or her job description, must be able to promptly respond to emergency situations within the City of Kalispell, shall reside within three air miles from. the City of Kalispell, or a farther distance, only if able to respond to the City of Kalispell within fifteen minutes from his or her residence. Ordinance 15 82 —Residency Restrictions August 30, 200 Page - 2 Finally, the ordiLnance gives a hiring preference to applicants who reside within the City of Kalispell for open city positions. The stated policy being that employees who are residents of the City may be bettor situated to respond to the specifications of their position with the City. RECOMMENDATION: That the City Council consider and pass Ordinance No, 1582. FISCAL EFFECTS: The revision to the residency restrictions may ultimately save the City from the costs of defending its ordinances. Respectfully submitted, Ch all ,.,-C"ir Attorney James H. Patrick, City Manager Office of City Attomey City of Kalispell ORDINANCE NO.1582 AN ORDINANCE TO REPEAL ORDINANCE N. 8479 TO AMEND ORDINANCE No. 9451TO ESTABLISH RESIDENCY RESTRICTIONS FOR EMPLOYEES OF THE CITY OF KALISPELL AND DECLARING THE POLICY THEREFORE AND DECKING AN EFFECTIVE E* WHEREAS, all employees of the City of Kalispell should be required to reside in Flathead County for the reason that employees living outside of Flathead County experience increased costs and time of travel to and from the employee's workplace that increases the rate of absenteeism and tardiness of the employee to an unacceptable level; and WHEREAS, unless otherwise regulated by City ordinance or state law, and for the reason to meet the needs of the public health and safety of the citizens of the City of Kalispell, any employee of the City of Kalispell who, as a requirement of his or her job description, must be able to promptly respond to emergency .cy situations within the City of Kalispell, should reside within three air miles from. the City of Kalispell, or a farther distance, only if able to respond to the City of Kalispell within fifteen minutes from his or her residence; and WHEREAS, the City of Kalispell should give a hiring preference for city positions to job applicants who reside within the City of Kalispell for the reason that employees who are residents of the City may be better situated to respond to the requirements of their position with the City. BE IT ORDAINED Y THE CITY COUNCIL of THE CITY of KALISPELL, MON ANA, AS FOLLOWS: SECTION I Ordinance No. 847 enacted by this City Council on the t day of December 1975, shall be and is hereby repealed. ordinance No. 945 enacted by this City Council on the 1 " day of January 1980 is amended to strike the residency restrictions requiring police officers to be residents of the City. SECTION 11 All employees hired by the City of Kalispell after the effective date of this ordinance shall be required to reside within Flathead County. SECTION III Unless otherwise regulated by City ordinance or state law, all employees hired by the City of Kalispell after the effective date of this ordinance to positions with job descriptions requiring the prompt response to emergency situations within the City of Kalispell, shall reside within three air miles from the City of Kalispell, or a farther distance, only if able to respond to the City of Kalispell within fifteen minutes fom his or her residence. SECTION IV Upon the effective date of this ordinance, the City of Kalispell shall give hiring preference for city positions to job applicants who reside within the City o Kalispell. SECTION V This ordinance shall be effective thirty 3 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 5TH DAY of SEPTEMBER, 2006. Pamela B. Kennedy Mayor ATTEST: : Theresa Wbte City Clerk