HomeMy WebLinkAboutAgendaPacket 2-05-07_378-382_Finally adopt Ordinance No. 1690, Repeal of Chapter 2.72 of the Bozeman Municipal Code Pertaining to Residency Restrictions for City Employees
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Patricia J. Berg, Human Resources Director
Chris Kukulski, City Manager
SUBJECT: Final Adoption of Ordinance No. 1690 - REPEAL OF CHAPTER
2.72 OF THE BOZEMAN MUNICIPAL CODE PERTAINING TO
RESIDENCY RESTRICTIONS FOR CITY EMPOYEES.
MEETING DATE: February 5, 2007
BACKGROUND: In 1982, the Bozeman City Commission adopted a Residency Restriction
for City employees, requiring all City employees to live within the Bozeman City limits, or
within a 20 minute response time of the work site. The previous Ordinance required City
employees to live within the Bozeman City limits, or within 3 miles of the City limits. Earlier
Ordinances required response times of as little as 3 minutes.
In the Courts, employee residency requirements such as the current Ordinance 2.72 have been
found to be invalid unless: 1) there is a bona fide response time requirement for the position, or
2) all employees are required to live within the jurisdictional boundaries of the governmental
unit/agency. Given the high cost of housing and the low unemployment rate in the Bozeman
area, and the frequency with which we are experiencing retracted applications and declined
offers, the current Ordinance has a negative impact on the City’s ability to recruit qualified
applicants.
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RECOMMENDATION: Finally Adopt Ordinance No. 1690
FISCAL EFFECTS: None are anticipated.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
_________________________________ ____________________________
Patricia J. Berg, Human Resources Director Chris A. Kukulski, City Manager
Report compiled on January 17, 2007
Attachments: Ordinance No. 1690
Exhibit 1
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ORDINANCE NO. 1690
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, REPEALING CHAPTER 2.72, RESIDENCY
RESTRICTIONS FOR CITY EMPLOYEES.
BE IT ORDAINED by the City Commission of the City of Bozeman, Montana:
Section 1
That the Bozeman Municipal Code be amended by repealing Chapter 2.72,
Residency Restrictions for City Employees.
Section 2
Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and
parts thereof in conflict herewith are hereby repealed.
Section 3
Savings Provision. This ordinance does not affect the rights and duties that matured,
penalties that were incurred or proceedings that were begun before the effective date of
this ordinance.
Section 4
Severability. If any portion of this ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect the other provisions of this
ordinance which may be given effect with the invalid provisions or application and, to
this end, the provisions of this ordinance are declared to be severable.
Section 5
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Effective Date. This ordinance shall be in full force and effect thirty (30) days after
passage on final adoption.
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana, on second reading at a regular session thereof held on the 5th
day of February, 2007.
_______________________
JEFF KRAUSS, Mayor
ATTEST:
______________________
BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
______________________
PAUL J. LUWE
City Attorney
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