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resi.d.ency restrictions for general city personnel is repealed..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