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Residency Requirement or Response Time Requirements for Fireman

MB
Michael Beason
Mon, Sep 28, 2020 7:51 PM

Greetings:

My municipality is a charter city.  It does not appear that we have an ordinance setting a residency requirement for fireman.  I am familiar with McCarthy v. Philadelphia Civil Serv. Comm'n, 424 U.S. 645, 96 S. Ct. 1154, 47 L. Ed. 2d 366 (1976);  Detroit Police Officers Ass'n v. City of Detroit, 405 U.S. 950, 92 S.Ct. 1173, 31 L.Ed.2d 227 (1972); Hicks v. Miranda, 422 U.S. 332, 343-345, 95 S.Ct. 2281, 2288-2289, 45 L.Ed.2d 223 (1975) and Wardwell v. Board of Education of Cincinnati, 529 F.2d 625, 628 (CA6 1976) holding that a residency requirement is not irrational and does not violate interstate travel rights and is not unconstitutional on these grounds.

I am familiar with 11 O.S. Sec. 22-127 that police officers and firefighters in towns of 5k or more need not be residents.  I am familiar with 1984 OK AG 51 which stated that the OKC Charter did not authorize the City to enact a residency requirement and therefore no such residency requirement could be enacted.

My Charter language is broad and provides the City "shall have all powers possible for a city operating under a homerule Charter to have under the constitution and laws of this state as fully and completely as though they were specifically enumerated in this Charter."

I think this permits enactment of an ordinance mandating a residency requirement and permits a "30 minute response time, driving the speed limit" requirement in a job description.  Anyone see it differently?

Thank you.

Greetings: My municipality is a charter city. It does not appear that we have an ordinance setting a residency requirement for fireman. I am familiar with McCarthy v. Philadelphia Civil Serv. Comm'n, 424 U.S. 645, 96 S. Ct. 1154, 47 L. Ed. 2d 366 (1976); Detroit Police Officers Ass'n v. City of Detroit, 405 U.S. 950, 92 S.Ct. 1173, 31 L.Ed.2d 227 (1972); Hicks v. Miranda, 422 U.S. 332, 343-345, 95 S.Ct. 2281, 2288-2289, 45 L.Ed.2d 223 (1975) and Wardwell v. Board of Education of Cincinnati, 529 F.2d 625, 628 (CA6 1976) holding that a residency requirement is not irrational and does not violate interstate travel rights and is not unconstitutional on these grounds. I am familiar with 11 O.S. Sec. 22-127 that police officers and firefighters in towns of 5k or more need not be residents. I am familiar with 1984 OK AG 51 which stated that the OKC Charter did not authorize the City to enact a residency requirement and therefore no such residency requirement could be enacted. My Charter language is broad and provides the City "shall have all powers possible for a city operating under a homerule Charter to have under the constitution and laws of this state as fully and completely as though they were specifically enumerated in this Charter." I think this permits enactment of an ordinance mandating a residency requirement and permits a "30 minute response time, driving the speed limit" requirement in a job description. Anyone see it differently? Thank you.