320.097. Residency requirements prohibited--forfeiture of a portion of salary as offset, ballot language.

Residency requirements prohibited--forfeiture of a portion of salaryas offset, ballot language.

320.097. 1. As used in this section, "fire department" means anyagency or organization that provides fire suppression and relatedactivities, including but not limited to fire prevention, rescue, emergencymedical services, hazardous material response, dispatching, or specialoperations to a population within a fixed and legally recorded geographicalarea.

2. Upon approval of the board of aldermen, no employee of a firedepartment shall, as a condition of employment, be required to residewithin a fixed and legally recorded geographical area of the firedepartment if the only public school district available to the employeewithin such fire department's geographical area is a public school districtthat is or has been unaccredited or provisionally accredited in the lastfive years of such employee's employment. No charter school shall bedeemed a public school for purposes of this section.

3. No employee of a fire department who has not resided in such firedepartment's fixed and legally recorded geographical area, or who haschanged such employee's residency because of conditions described insubsection 2 of this section, shall as a condition of employment berequired to reside within the fixed and legally recorded geographical areaof the fire department if such school district subsequently becomes fullyaccredited.

4. Unless the voters of a city not within a county vote to supersedethis section by the same majority needed to change the charter of said cityby September 1, 2008, this section shall be in force for the city notwithin a county. In addition, any employee who resides outside the citywill forfeit one percent of his or her salary for the time the employee isnot living in the city to offset any lost revenue to the city.

5. The ballot of submission for this authorization shall be insubstantially the following form:

Shall ......... (insert name of city) be allowed to prevent firedepartment employees from paying one percent of their salaries to the cityin order to reside outside the city limits when the public school system isor has been unaccredited or provisionally accredited?

â ã YES â ã NO

If you are in favor of the question, place an "X" in the box opposite"YES". If you are opposed to the question, place an "X" in the boxopposite "NO".

(L. 2007 S.B. 22)