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Legislation #: 190560 Introduction Date: 7/11/2019
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 2, Code of Ordinances, by repealing Section 2-972 relating to the residency of City employees and enacting in lieu thereof one new section of like number and subject.

Legislation History
DateMinutesDescription
7/10/2019 Filed by the Clerk's office
7/17/2019 Hold On Agenda (8/7/2019)
7/11/2019 Referred to Finance, Governance and Public Safety Committee
8/7/2019 Hold Off Agenda
7/22/2020 Release
7/27/2020 Released

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190560 Ord-Proposed-Fire-Residency Preference-2-972-Fact Sheet-July2019.doc Fact Sheet 42K Fact Sheet
190560com.docx Compared Version 19K compared version

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ORDINANCE NO. 190560

 

Amending Chapter 2, Code of Ordinances, by repealing Section 2-972 relating to the residency of City employees and enacting in lieu thereof one new section of like number and subject.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 2, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 2-972 relating to the residency of City employees and enacting in lieu thereof one new section of like number and subject, to read as follows:

 

Sec. 2-972. Residence of employees; employment preferences.

 

The following conditions regulating residence shall apply to all nonelected city employees:

 

(1) Employment preference. Preference for employment shall be given to residents of the city for all positions in the classified service. In creating an eligibility list any preferences given pursuant to this subsection shall be made prior to any preferences provided pursuant to subsection (11) of this section.

 

(2) Applicants. Applicants for employment with the city, who are nonresidents at the time of appointment, shall establish residence inside the city limits within nine months after the date of appointment. In the discretion of the director of human resources, persons who, at the time the nine months expires, have entered into a contract to purchase a residence for their use and who are prepared to move in within a reasonable time not to exceed six months may be deemed to have met this requirement.

 

(3) Workplace exception. Any employee whose work is of such a nature that he spends 75 percent of his work time outside the city limits shall be exempted from this residence requirement.

 

(4) Residence defined. Residence is defined as the place where a person has his true, fixed, and permanent home and principal establishment and to which, whenever he is absent, he has the intention of returning. A person satisfies the residence requirement if a portion of the lot or the parcel of land on which his residence is located is within the city limits.

 

(5) Change of residency forfeiture. Any employee who has established a residence within the city limits and who subsequently moves his place of residence outside the city limits shall forfeit his position of employment with the city.

 

(6) Failure to comply forfeiture. Nonelected employees of the city failing to comply with the provisions of this section will be dismissed from the municipal service forthwith.

 

(7) Rules authorized. The director of human resources is authorized to promulgate rules on residence consistent with this article, subject to city manager approval.

 

(8) Limited application of definition. This article defines residence for city employment purposes only.

 

(9) Involuntary transfer of employment MAST—Exception. City employees who were employed by the Metropolitan Ambulance Services Trust (MAST) when ambulance services were transferred from MAST to the city on April 25, 2010, and who were living outside the city at the time of transfer may continue their residency at the location outside the city. Should the employee either voluntarily move his or her residence or transfer from a non-firefighter position in the classified service to the position of firefighter or to any position outside of the fire department, the employee shall comply with the requirements of this section.

 

(10) Fire Department Position Applicants. An applicant for employment in a position recognized by the city as being in the bargaining unit of International Association of Fire Fighters Local Number 42 or Local Number 3808 shall not have to be a resident of the city to apply for, or be appointed to, any such position. The provisions of this subsection shall not apply to promotions or transfers of an employee.

 

(11) Fire Department military employment preference. Preference for employment in a position recognized by the city as being in the bargaining unit of International Association of Fire Fighters Local Number 42 or Local Number 3808 shall be given to military Active Duty, Reserve, and National Guard members. A preference given pursuant to this subsection shall be made regardless of whether the person receiving such preference is a resident of the city. The provisions of this subsection shall not apply to promotions or transfers of an employee.

 

___________________________________________________

 

Approved as to form and legality:

 

 

______________________________

Alan L. Holtkamp

Assistant City Attorney