New Firefighter Residency Law Challenged
On June 25, 2010, Missouri Governor Jay Nixon signed a bill into law that eliminated the residency requirement for St. Louis firefighters. On July 1, 2010, the City of St. Louis filed suit to challenge the law.
The law was enacted by the state at the request of St. Louis Firefighters, IAFF Local 73. It is scheduled to go into effect on August 28, 2010, and would eliminate the residency rule imposed on firefighters. Oddly enough, St. Louis has a residency requirement for firefighters, but not for police, teachers, and certain other city employees.
St. Louis Mayor Francis Slay has been threatening all along to challenge the law as violating the city’s charter and the rights of St. Louis residents to set their own employment requirements. "We are a charter city and unless there's a compelling state interest, this is none of their business" said Jeff Rainford, Mayor Slay's Chief of Staff.
Local 73 President Chris Molitor is quoted as saying "All this bill does is gives employees of the Fire Department the exact same residency rules that the Police Department operates under."
To view the new law: Download SB739FirefightersResidency
Residency requirement was standard practice in WA State years ago and it was challenged by employees on the practical issue of housing costs and an employee’s freedom’s to live anywhere they so chose. It was then determined to be illegal by the WA courts. I can see the employer’s issues of a ready force of available emergency service workers living in their community but those days are long gone.
I am generally opposed to residency requirements. I think they are offensive to what this country stands for. If you have to force someone to live in your community – your community has some problems that need to be addressed.
I am in favor of residency incentives – which I believe are a much preferable approach. If it is so critical that employees live in the community that they work in – don’t force them, give them… say… a tax break if they live in the community…. or a bonus …. then again maybe its not all that important after all.
The St. Louis law is pretty interesting. It says the firefighter must live in the City for the first seven years, and after seven years the requirement is eliminated…