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