07/14/80 City Council Minutes (Public Hearing)COUNCIL HEARING - RESIDENCY PETITION FOR FIRE MARSHALL BOWMAN - 7:30 P. M. MONDAY,
JULY 14, 1980. MAYOR HAPP PRESIDED. ALL COUNCILMEN WERE PRESENT.
Mayor Happ opened the meeting with the statement that Roger Bowman now resides at 2313
Mission Trail, which is outside the City. This meeting is not to be construed as a dis-
ciplinary matter for moving outside the City without following proper procedure, but
rather, to determine whether his request to keep his residency there be granted. Docu-
mentation consists of three letters. The first is dated June 11, 1980, and is from
Roger Bowman to Fire Chief Doty. The letter requests permission from the Chief, and
concurrence from the Council, to reside outside the City at 2313 Mission Trail.
A letter dated June 13, 1980 from Fire Chief Doty to Roger Bowman acknowledged the
June llth letter. It stated that the request was being given directly to the Council,
and due to the public interest, Chief Doty declined to give a recommendation either pro
or con. He added that because it is a personal matter, Mr. Bowman may want a closed
hearing. If so, he should so inform Mayor Happ. The matterwillnot be brought up at
the next regular meeting, but a special time will be set and Mr. Bowman will be informed.
The third letter dated June 13, 1980 was from Chief Doty to Mayor Happ. It stated that
he was enclosing the letter from Fire Marshall Bowman requesting permission to live out-
side the City and was referring it for Council action.
Mayor Happ asked if anyone wanted to speak in behalf of the request. Attorney William
Astle replied that he would like to speak in behalf of Mr. Bowman. He stated that he
speaks for all City employees and not firemen only. He thanked Mayor Happ for supplying
him with information.
Attorney Astle stated that there seems to be no concrete policy about City employee
residency. Requests have been approved in the past for other employees to live outside
the City. He would like to think of himself as a lobbyist for an amendment to the City
Residency Ordinance.
Mr. Astle stated that he has checked with eight first-class cities. Billings, Havre and
Anaconda have no residency requirements and no problems. Butte requires their employees
to live in Silver Bow County. Helena has a seven mile limit; Bozeman, three miles;
Missoula, five miles as the crow flies. Great Falls has a 15 minute response time limit
with no problems.
The Kalispell Police Department has 21 men. Ten live outside the City limits, eight with-
in a three mile radius. Police Chief Stefanic stated that he has no problems. Their con-
tract allows residency anywhere. Two firemen live outside City limits: one by formal
approval and the other because he started as a CETA employee. With a total of 84 em=
ployees, 31 live outside City limits. This is 38% of City employees living outside the
City limits, four of whom are department heads.
Mr. Astle continued that he felt the proposal of Fire Chief Doty that a 2-1� mile limit
from town would be satisfactory. Mr. Bowman lives 2.1 miles from the City. He concluded
by stating that he felt that the present ordinance, with some guidance to the Department
heads, would be very workable.
Mayor Happ rebutted the statement that all of the first class cities had no problem. She
stated that she has checked with them and some of them said they are sorry they have no
requirement to live inside the City limits. State law regarding firemen give cities the
option of requiring City voting. Mayor Happ continued that she felt that City employees
should be and should continue to be bona fide residents unless given permission to live
elsewhere. If county roads are not plowed in winter, response time could be too long.
The street and police are hourly people, but firemen are emergency people.
Fire Chief Doty stated that "We were hired as firemen as residents of the City. Since
several firemen requested to live outside, I proposed a 22 mile limit. I could live
with that. My personal feeling is that everyone should live within."
Councilman. Grainger said he felt that all employees and Department heads should live in,
but since so many live out, he finds it difficult to ask firemen to live in.
Councilman Daley stated that he felt the same way. Five or six years ago we started
letting employees move outside. You should either set a time and date and get everyone
in or let everyone live out of City limits with no restriction or distance.
Mayor Happ said she disagreed. We should stop it now.
Councilman Granmo reviewed the residency history. There was a resolution which required
all City employees to live inside; then a policeman moved out. The court decided in his
favor. The Council then passed an Ordinance making it possible for an employee to move
out with permission from the Department head or approval of the Council. Now, approxim-
ately 38% live outside.
Councilman O'Boyle recalled that 40 years ago an employee living in Kila lost his job be-
cause of his residency.
Councilman Ruiz stated that the fireman have always been asked to live in, by their own
policy, so perhaps there should be a procedure to move out.
Councilman Saverud stated that if we completely did away with the Ordinance, some would
move 40 miles away for the summer and would depend on fellow workers to cover for them.
Councilman Smith stated that we have refused two firemen and now we are considering an
appointed official.
Councilman Ruiz stated that he felt the Ordinance we have is a good ordinance. It allows
people to move out with permission. We should live with what we have and put no mile
limit on it.
City Attorney Donahue added that firemen are looked on a little differently. State Code
names firemen only, and local policy follows State Code.
Councilman Grainger moved to refer to the Safety Committee for review and bring a
recommendation to the Council for vote at the next regular Council meeting. Seconded I
by Councilman Ruiz. Motion carried.
The meeting was adjourned at 8:30 P.M.
ATTEST:
M jorie Giermann, City Clerk
Norma E. ap
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