What changed? Charter Ordinance No. 5 (Original from 1978) Charter Ordinance No. 5 (Amended)

Transcription

1 What changed? You can see how many changes there are just by the extended length of the amendment. The following pages will break down those changes. Charter Ordinance No. 5 ( from 1978) CHARTER ORDINANCE NO. 5 A CHARTER ORDINANCE EXEMPTING THE CITY OF MINNEAPOLIS, OTTAWA COUNTY, KANSAS, FROM K.S.A AND K.S.A a, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO ELECTION OF THE MAYOR, CITY TREASURER AND COUNCILMEN AND THEIR TERMS OF OFFICE AND ABOLISHING THE PRIMARY CITY ELECTION. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MINNEAPOLIS, OTTAWA COUNTY, KANSAS: Section 1: The City of Minneapolis, Ottawa County, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it K.S.A and K.S.A a and provide substitute and additional provisions as hereinafter set forth in this Ordinance. Such statutory sections are applicable to this city but are not applicable uniformly to all cities. Section 2: On the first Tuesday in April of 1979, there shall be elected a Mayor, City Treasurer and two councilmen from each of the three wards of the City of Minneapolis, Ottawa County, Kansas. At said election the Mayor and City Treasurer shall be elected for a term of two years. The candidates for councilmen receiving the highest number of votes in each ward shall be declared elected for a term of four years. The candidates for councilmen in each ward receiving the next highest number of votes for councilman in that ward shall be declared elected for a term of two years. Succeeding elections for Mayor and City Treasurer shall be for a term of two years. Succeeding elections for all councilmen shall be for a term of four years. All officers shall serve their respective terms or until successors are elected and qualified and all succeeding elections shall be held on the first Tuesday of odd number years. Section 3: The Mayor shall appoint by and with the consent of the Council, a Municipal Judge of the Municipal Court, a Chief of Police, a City Clerk, a City Attorney, and may appoint policemen and such officers as they may deem necessary. Officers so appointed and confirmed shall hold their offices for a term of one year and until their successors are appointed and qualified. The council shall by ordinance specify their duties and compensation, and by ordinance may abolish any office created by them whenever they may deem it expedient. The Council may retain a licensed professional engineer to act in capacity of City Engineer for specifically defined duties and provide for reasonable compensation for the services rendered. Section 4: The primary City election is hereby abolished. ( ) Charter Ordinance No. 5 () (First published in the Minneapolis Messenger Thursday, July 21, 2016) CHARTER ORDINANCE NO. 5 (AMENDED) A CHARTER ORDINANCE EXEMPTING THE CITY OF MINNEAPOLIS, KANSAS, FROM THE PROVISIONS OF K.S.A and/or K.S.A and/or K.S.A , RELATING TO THE ELECTION OF OFFICERS, THEIR TERMS OF OFFICE, TRANSITIONS TO NOVEMBER ELECTIONS, THE APPOINTMENT OF OFFICERS, AND NOMINATION PETITIONS; AND, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND AMENDING CHARTER ORDINANCE NO. 5. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MINNEAPOLIS, KANSAS: Section 1. The City of Minneapolis, Kansas, by the power vested in it by Article 12, Section 5 of the Kansas Constitution hereby elects to and does exempt itself and make inapplicable to it the provisions of K.S.A , and/or K.S.A and/or K.S.A , that apply to this city, but are parts of enactments which do not apply uniformly to all cities. Section 2. (a) The governing body shall consist of a mayor and six council members to be elected to terms as set forth herein. The mayor and council members shall be residents and qualified electors of the City of Minneapolis, Kansas. (b) The governing body of the city may, by ordinance, divide the city into wards and precincts, establish the boundaries thereof, and number the same. No ordinance redefining wards and precincts shall become effective less than 30 days prior to the next regular city election. Section 3. Those governing body positions with terms expiring in April 2017, shall expire on the second Monday in January of 2018, when the city officials elected in the November 2017 general election take office. Those governing body positions with terms expiring in April 2019, shall expire on the second Monday in January of 2020, when the city officials elected in the November 2019 general election take office. Section 4. (a) A general election of city officers take place on the Tuesday succeeding the first Monday in November Succeeding elections will be held every two years for all such governing body positions whose terms have expired. One council member from each ward shall be elected at one election, and the other council member from that ward shall be elected at the succeeding election. The council members shall have four year terms. The Mayor and the City Treasurer shall have two year terms. (b) The City Treasurer shall be elected as set out in Article 6 of the City of Minneapolis Municipal Code. Section 5. The governing body shall appoint, a municipal judge of the municipal court, a chief of police, city clerk, city attorney, city administrator and any other officers deemed necessary. Any officers appointed and confirmed shall hold an initial term of office of not to exceed one year and until their successors are appointed and qualified. Any officers who are reappointed shall hold their offices for a term of one year and until their successors are appointed and qualified. The governing body shall by ordinance specify the duties and compensation of the office holders, and by ordinance may abolish any office created by the council whenever deemed expedient. The governing body may contract with any appointed officer a length of employment to exceed the one year appointment when they see fit. Whenever they deem it expedient the governing body may retain a licensed professional engineer to act in capacity of city engineer for specifically defined duties and provide for reasonable compensation for the services rendered. Section 6. This Charter Ordinance shall be published once each week for two consecutive weeks in the official city newspaper. Section 7. This Charter Ordinance shall take effect 61 days after the final publication unless a sufficient petition for a referendum is filed, requiring a referendum to be held on the ordinance as provided by Article 12, Section 5, Subsection (c)(3) of the Constitution of the State of Kansas, in which case this charter Ordinance shall become effective upon approval by the majority of the electors voting thereon. Passed by the Governing Body, not less than two-thirds of the members elect voting in favor thereof, this 14th day of July, 2016.(2-690)

2 Section 1 Section 1. The City of Minneapolis, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it K.S.A and K.S.A a and provide substitute and additional provisions as hereinafter set forth in this Ordinance. Such statutory sections are applicable to this city but are not applicable uniformly to all cities. Section 1. The City of Minneapolis, Kansas, by the power vested in it by Article 12, Section 5 of the Kansas Constitution hereby elects to and does exempt itself and make inapplicable to it the provisions of K.S.A , and/or K.S.A and/or K.S.A , that apply to this city, but are parts of enactments which do not apply uniformly to all cities. Question: Why are K.S.A & added? These statutes are in the next slide

3 The language in section 1 of the ordinance is the City of Minneapolis..hereby elects to and does exempt itself from these 2 statues. Please read them below.. Specific topics of concern: 1. If exempt from, the City Council could do away with wards. 2. If exempt, we would no longer have to have 2 council members in each ward Kansas Statutes Division of city into wards; elections and terms of council members. The city council shall divide the city into wards, which shall be as equal in population as practicable, establish the boundaries thereof, and number the same, and when the population of any city exceeds 4,000 the number of wards shall not be less than four, and the number of wards in any city not exceeding eight thousand (8,000) in population shall not be more than four, except that any city now legally organized with more than four wards duly represented in the council shall not be affected by the provisions of this act. The territory of each ward shall be contiguous and compact. The city council of any city of the second class having a population of less than 3,000 and having three or more wards may, by ordinance, change and redefine the boundaries of the wards of such city in order to reduce the number of its wards to not less than two, but no such ordinance shall become effective less than 90 days prior to the next regular city election. Two council members shall be elected from each ward at the city election in odd-numbered years. Council members shall have terms of two years and until successors are elected and qualified. History: L. 1872, ch. 100, 6; L. 1897, ch. 84, 1; R.S. 1923, ; L. 1951, ch. 178, 1; L. 1955, ch. 119, 1; L. 1968, ch. 274, 31; L. 1982, ch. 83, 5; July Kansas Statutes Council members, election, residence, vacancies in offices of mayor or council member, how filled; president of council. Each ward of each city governed by this act shall have two council members, who shall be chosen by the qualified electors of their respective wards. No person shall be eligible for the office of council member who is not at the time of election an actual resident of the ward from which elected. If any council member moves from the ward from which elected, the office shall be deemed vacant. Whenever a vacancy occurs, the governing body shall appoint an elector of the ward where the vacancy occurs to be council member for the balance of the unexpired term. The council shall elect from its membership a president of the council. The president of the council shall preside in the absence of the mayor. If a vacancy occurs in the office of the mayor by death, resignation, removal from the city, removal from office, refusal to qualify, or otherwise, the president of the council shall become mayor until the next regular city election and the vacancy created in the office of the council member becoming mayor shall be filled by the governing body of the city. Thereupon the council shall elect from its membership a new president of the council. History: L. 1872, ch. 100, 15; R.S. 1923, ; L. 1968, ch. 274, 33; L. 1982, ch. 83, 3; July 1.

4 Section 2.(a) None of this verbiage was in the original ordinance. Section 2. (a) The governing body shall consist of a mayor and six council members to be elected to terms as set forth herein. The mayor and council members shall be residents and qualified electors of the City of Minneapolis, Kansas. (b) The governing body of the city may, by ordinance, divide the city into wards and precincts, establish the boundaries thereof, and number the same. No ordinance redefining wards and precincts shall become effective less than 30 days prior to the next regular city election. Questions / Concerns Defining the Governing Body is new to this ordinance. The council members should reside in their wards, not just the City of Minneapolis is general. New to this ordinance and gives the city council the authority to change wards.

5 Section 2: On the first Tuesday in April of 1979, there shall be elected a Mayor, City Treasurer; and two councilmen from each of the three wards of the City of Minneapolis, Ottawa County, Kansas. At said election the Mayor and City Treasurer shall be elected for a term of two years. The candidates for councilmen receiving the highest number of votes in each ward shall be declared elected for a term of four years. The candidates for councilmen in each ward receiving the next highest number of votes for councilman in that ward shall be declared elected for a term of two years. Succeeding elections for Mayor and City Treasurer shall be for a term of two years. All officers shall serve their respective terms or until successors are elected and qualified and all succeeding elections shall be held on the first Tuesday of odd number years. Section 3. Those governing body positions with terms expiring in April 2017, shall expire on the second Monday in January of 2018, when the city officials elected in the November 2017 general election take office. Those governing body positions with terms expiring in April 2019, shall expire on the second Monday in January of 2020, when the city officials elected in the November 2019 general election take office. Section 4. (a) A general election of city officers take place on the Tuesday succeeding the first Monday in November Succeeding elections will be held every two years for all such governing body positions whose terms have expired. One council member from each ward shall be elected at one election, and the other council member from that ward shall be elected at the succeeding election. The council members shall have four year terms. The Mayor and the City Treasurer shall have two year terms. (b) The City Treasurer shall be elected as set out in Article 6 of the City of Minneapolis Municipal Code. Questions / Concerns Here s information gather from an attorney at the Kansas League of Municipalities in Topeka and internet research. In July, 2015, the Kansas House passed HB2104 which mandates when cities hold elections. The election cycle was changed to mirror state and federal elections, with primaries in August and general elections in November, in hopes that voters will get into the habit of going to the polls at the same time every year. They hope to increase voter turn out. If this ordinance goes to vote and is voted down, the city can simply write another ordinance which only addresses this issue. This law is effective no matter the outcome of this charter ordinance, because it is mandated by the state.

6 Section 3: The Mayor shall appoint by and with the consent of the Council, a Municipal Judge of the Municipal Court, a Chief of Police, a City Clerk, a City Attorney, and may appoint policemen and such officers as they may deem necessary. Section 5. The governing body shall appoint, a municipal judge of the municipal court, a chief of police, city clerk, city attorney, city administrator and any other officers deemed necessary. Question / Concerns Mayors position is stripped of authority to make appointments. Position of City Administrator is added. Policemen was omitted. Officers so appointed and confirmed shall hold their offices for a term of one year and until their successors are appointed and qualified. Any officers appointed and confirmed shall hold an initial term of office of not to exceed one year and until their successors are appointed and qualified. Any officers who are reappointed shall hold their offices for a term of one year and until their successors are appointed and qualified. Typo? Reads funny (of office of) Redundant for reappointment? The council shall by ordinance specify their duties and compensation, and by ordinance may abolish any office created by them whenever they may deem it expedient. The governing body shall by ordinance specify the duties and compensation of the office holders, and by ordinance may abolish any office created by the council whenever deemed expedient. The governing body may contract with any appointed officer a length of employment to exceed the one year appointment when they see fit. Authority changed from council to governing body. This clears the way for the council to contract with any of the appointed officers for multiple years.