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Legislation #: 130240 Introduction Date: 3/28/2013
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 2, Code of Ordinances, by repealing Sections 2-233 relating to the maximum hiring age of firefighters and 2-972 relating to the Residency Requirements for Employees and enacting in lieu thereof two new sections of like number and subject matter.

Legislation History
DateMinutesDescription
3/26/2013 Filed by the Clerk's office
3/28/2013 Referred to Public Safety & Emergency Services Committee
4/3/2013 Do Pass
4/4/2013 Assigned to Third Read Calendar
4/11/2013 Passed

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ORDINANCE NO. 130240

 

Amending Chapter 2, Code of Ordinances, by repealing Sections 2-233 relating to the maximum hiring age of firefighters and 2-972 relating to the Residency Requirements for Employees and enacting in lieu thereof two new sections of like number and subject matter.

 

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 Sections 2-233 relating to the maximum hiring age of firefighters and 2-972 relating to the Residency Requirements for Employees and enacting in lieu thereof two new sections of like number and subject matter, to read as follows:

 

Sec. 2-233. - Maximum hiring age for the position of firefighter.

 

(a)    No person shall be appointed to the position of firefighter if such person is more than 30 years of age on the last date that applications are accepted by the human resources department for such position during the recruitment period that is prior to the assembling of an eligibility list for the position. The provisions of this section shall not apply to either any person on a firefighter eligibility list when such list is in existence on, or prior to, the date the ordinance from which this section derived is enacted or to any person appointed to the position of chief/director or deputy chief of the fire department.

 

(b)   In computing the age of a person pursuant to the provisions of this section, the total length of time that the person has previously served as a member of the fire department may, for the purpose of determining such person's eligibility for appointment to the position of firefighter, be deducted from the person's actual age. The provisions of this subsection shall not apply to a person over 45 years of age.

 

Sec. 2-972. Residence of employees.

 

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.

 

(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 ordinance, subject to City Manager approval.

 

(8) Limited application of definition. This ordinance 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.

 

_______________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Alan L. Holtkamp

Assistant City Attorney