Council adjusts residency ordinance to allow new fire chief

The City of Guthrie announced the hiring of Dane Lausen as the next fire chief for the Guthrie Fire Department Tuesday evening. However, prior to the announcement, the city council held a 25-minute discussion on an ordinance that was set just two years ago regarding the residency of a fire and police chief.

Following an interview process with four candidates, Lausen was selected to replace Eric Harlow, who is retiring at the end of the month. However, Lausen lives less than five miles from the city limits and two miles outside of the Guthrie school district.

In June 2021, the council voted 6-0 to adopt Ordinance 3358 requiring the police chief and fire chief to live within city limits, the Guthrie school district, or the Coyle school district.

City Manager Eddie Faulkner suggested to the council adding a fourth criteria that would allow the chief to live within 20 miles of the fire station. Ultimately, allowing the City to offer the position to Lausen.

Former councilmember James Long, among a few others, was not in support of the additional language.

“By passing a new ordinance to allow a chief to not live in our school district boundaries, you’re telling our community that we are not good enough to have the expectations that two of our highest paid employees have to live within our community,” Long said in a prepared statement read aloud by Mayor Steve Gentling.

Councilman Brian Bothroyd, who voted for the ordinance in 2021, stated the ordinance might not be legal or enforceable if challenged in court. An argument that then city manager Leroy Alsup made two years ago.

State statute reads a municipal governing body by ordinance may designate which appointed officers and employees shall reside within the municipality; but police officers, firefighters, and other municipal employees need not be actual residents of the municipality where they are employed in municipalities of 5,000 population or more, according to the latest federal census.

Councilman Tracy Williams pointed out that Lausen lives closer than someone who lived in the far boundary of the Coyle school district. He suggested a mile radius should be implemented rather than school boundary lines.

“In retrospect, this should have been a matter of radius, and not directing you that you have to live here or over there,” Williams said.

Councilman Grant Aguirre, an attorney, added he believes there is no rational basis for the ordinance if challenged in court.

To require residency requirements within the city limits it would take a charter amendment (a vote of the people) to take effect.

Bothroyd suggested multiple times that the current ordinance should be repealed because of the legality issues. A discussion that will continue in the future for the seven council members.

Gentling said the best candidate should not be denied the position.

“We are doing a service for the City of Guthrie by selecting the best candidate by the panel. It would be unfortunate to turn that over due to a technicality of this sort.”

Newly elected council member Adam Ropp said, “We are not changing this for someone, we are changing it because of someone and there’s a big difference. It’s no different than any other ordinance being changed because one resident has an issue and we notice a hole somewhere. We are just adapting to it.”

Ultimately, the council unanimously passed Ordinance 3394 and adding the 20-mile radius of the fire station stated in previous Ordinance 3358. As part of the motion by Ropp, the panel will revisit the ordinance to either repeal or make further adjustments.