16. Ordinance 1582 - Amending Ordinance 847 - Residency Requirements - 1st Reading (Tabled July 17)City of Kalispell
Charles A. Harball Office of Ciy Attorney Tel 406,758,7709
City Attomey 312First Avenue East Fax _758.7771
P.O. Box 1997 earbll@alill.o
Kalispell, MT 59903-1997
MEMORANDUM
0 TOO
Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harlal.l, City Attorney
James H. Patrick, City Manager
SUBJECT: ordinance No. 1582 - Residency Restrictions for
Employees of the City of Kalispell
MEETING DATEIF Monday, August 21, 2006 — Regular Meeting
BACKGROUND: The City Council considered and fully discussed this matter
most recently at a workshop one duly 24, 2006. Based upon the discussion it was
determined that the matter er should be brought forward to fully repeal the existing
orri ce on residency restrictions on general city personnel because ordinance No.
847 is 'internally inconsistent, lacks an expression of valid policy and is likely
unenforceable.
Ordi,nance No. 1582 is proposed to express the valid policies and adopt the
regulations of employee residency restrictions. First, Ordinance 847, which
regulates the residency restrictions for general city personnel is repealed.
Ordinance 945 that requires police officers to reside in the City of Kalispell is
amended to be consistent with the policies and restrictions set out in Ordinance No.
1582. ordinance 1337 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 ance 1582 in that it requires firefighters to "resIde within three 3 air
miles of the City or reside where they can report to the fire stations within. fifteen
(15)minutes of a fire call.'
As written all employees hereafter hired by the City must live in Flathead County
for the policy reason that the costs and time of travel outside of the County for
employment may lead to an unacceptable level of absenteeiLsm and tardiness.
Further, unless otherwise regulate. by City ordinance or state law, and for the
policyreason o meet the needs o the public health and. safety of the ciie the
City of Kalispell, an.y employee of the City of Kalispell who, as a requirement of his
r her job descript on, must be able to promptly respond to emergency situations
within the City of Kalispell, shall reside within three air miles from the City of
ordinance 15 82 — Residency Restrictions
August 10Zoo
'age-2
Kalispell, or a farther distance, only if able to respond to the City of Kalispell within
fifteen minutes from his or her residence.
Finally, the ordinance 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 better situated to respond to the specifications o
their position with the City.
RECOMMENDATION: ION: That the City Council consider and pass ordinance No.
582.
FISCAL EFFECTS: The revision to the residency restrictions may ultimately save
the City from the costs of defending its ordinances.
Respectfully submitted,
r
{
C a lei' a , Ci Attorney
ames H. Patrick, City Manager
Office of City Attorney
City of Kalispell
ORDINANCE No, 1582
N ORDINANCE REPEAL ORDINANCE NO. 8479 TO AMEND ORDINANCE NO.
59 TO ESTABLISH RESIDENCY RESTRICTIONS FOR EMPLOYEES of THE CITY
OF KALISPELL AND DECLARING THE POLICY THEREFORE AND DECLARING
AN EFFECTIVE DATE*
wHER,E S, 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 tardm' ess of the employee to
an unacceptable level; and
WHEREAS, unless otherwise regulated by City ordinance or state law, and for the reason t
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 o Kalispell, should reside w thin three air miles � the pityof
Kalispell, or a farther d istanee, 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 hifing 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 BY THE CITY COUNCIL of THE CITY of KA IS EL , M N ANA.,
AS FOLLOWS:
SECTION I ordinance No. 847 enacted by this City Council on the 8th day of
December 1975,, shall be and is hereby repealed. ordinance No. 945 enacted by this City
Council on the 2 1 day of ,unary 1980 is amended to strike the residency restrictions
requiring police officers to be residents of the City:
SECTION II .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
a
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.
SECTION IV Upon the effective date of this ordinance, the City of Kalispell shall give
a hiring preferencefor city positions to job applicants who reside within the City o
Kalispell.
SECTION V This Ordinance shall be effectivethirty 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 SAY OF 52006.
Pamela B. Kennedy
Mayor
Attest:
'lira White
City Clerk