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Legislation #: 100985 Introduction Date: 11/18/2010
Type: Ordinance Effective Date: 2/27/2011
Sponsor: COUNCILMEMBER JOHNSON
Title: Amending Article VI of Chapter 2, Code of Ordinances, entitled “Boards, Commissions and Committees”, by enacting in lieu thereof one new section, Section 2-721.1 which incorporates a Missouri Constitutional provision concerning state residency into the City’s Code of Ordinances for City appointments to certain boards, commissions, and authorities, and requires the City Clerk to annually notify other appointing authorities and community improvement districts of this Constitutional provision.

Legislation History
DateMinutesDescription
11/18/2010 Filed by the Clerk's office
11/18/2010 Referred to Finance and Audit Committee
12/8/2010 Hold On Agenda (12/15/2010)
12/15/2010 Hold On Agenda (1/5/2011)
1/12/2011 Hold On Agenda (1/19/2011)
2/9/2011 Do Pass as a Second Committee Substitute
2/10/2011 Assigned Third Read Calendar as Substituted
2/17/2011 Passed As Second Substitute

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SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 100985

 

Amending Article VI of Chapter 2, Code of Ordinances, entitled “Boards, Commissions and Committees”, by enacting in lieu thereof one new section, Section 2-721.1 which incorporates a Missouri Constitutional provision concerning state residency into the City’s Code of Ordinances for City appointments to certain boards, commissions, and authorities, and requires the City Clerk to annually notify other appointing authorities and community improvement districts of this Constitutional provision.

WHEREAS, Article VII, Section 8 of the Missouri Constitution prohibits, among other things, the appointment to civil office in Missouri of any person who has not resided in Missouri for one year prior to the appointment, with exceptions for certain administrative positions; and

  WHEREAS, this qualification for public office applies to City boards and commissions and City created statutory authorities that serve as decision-making bodies and that do not serve solely as an advisory board or commission to the City; and

WHEREAS, this qualification also applies to City appointments to certain boards, commissions, and other political subdivisions of the State of Missouri where the City or the City’s Mayor makes an appointment to its governing body; and

  WHEREAS, this residency qualification should be contained in the Code of Ordinances in order to make its applicability known when appointments are made in which the City has an interest; NOW THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Article VI of Chapter 2, Code of Ordinances, entitled “Boards, Commissions and Committees” is hereby amended by enacting a new section to read as follows:

Sec. 2-721.1. Residency qualification for appointment.

(a) The provisions of Article VII, Section 8 of the Missouri Constitution, stating that no person shall be appointed to civil office in Missouri who shall not have resided in Missouri one year next preceding the appointment, applies to City appointments to the following: 

1.        Air Quality Appeals Board

2. Board of Trustees of City Trusts

3. Board of Zoning Adjustment

4. Building and Fire Codes Board of Appeals

5. City Plan Commission

 

6. Community Improvement Districts - political subdivisions

 

7. Construction Workforce Board

 

8.          Downtown Economic Stimulus Authority

 

9.         Employees Retirement System Board of Trustees

 

10. Enhanced Enterprise Zone Board

 

11. Fairness in Construction Board

 

12.       Firefighters Pension System Board of Trustees

 

13. Heathcare System Board of Trustees

 

14. Housing Authority of Kansas City, Missouri

 

15.       Human Resources Board

 

16. Human Rights Commission

 17.       Industrial Development Authority

18. Jackson County Board of Equalization

19. Kansas City Area Transportation Authority

20. Kansas City Public Library Board of Trustees

21. Land Clearance for Redevelopment Authority

22. Land Trust of Jackson County

23. Landmarks Commission

24. Liquor Control Board of Review

25. Metropolitan Ambulance Services Trust

26.        Municipal Officials and Officers Ethics Commission

27.        Parks and Recreation Board of Commissioners

28.       Planned Industrial Expansion Authority

29.       Police Retirement Board

30.        Port Authority

31.        Property Maintenance Appeals Board

32. Special Review Districts and Special Review Boards

33.       Tax Increment Financing Commission

 

34. Union Hill Special Business District Board

 

35. Westport Special Business District Board

  (b) Missouri residency shall not be necessary in cases of appointment to an administrative position requiring technical or specialized skill or knowledge. If an appointment is to a position requiring technical or specialized skill or knowledge, the legislation establishing the position will describe the technical or specialized skill or knowledge required.

(c) The City Clerk shall annually notify other appointing authorities to these boards, commissions, authorities, and political subdivisions that this Constitutional provision also affects their appointments and that the City expects the other appointing authorities to comply with this Constitutional provision. The City Clerk shall annually notify each community improvement district established as a political subdivision that this Constitutional provision applies to its board positions.

_______________________________________________

 

Approved as to form and legality:

 

 

  _______________________________

Cecilia Abbott

Senior Associate City Attorney