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Legislation #: 120716 Introduction Date: 8/2/2012
Type: Ordinance Effective Date: 8/23/2012
Sponsor: None
Title: Calling for submission to the voters of Kansas City, at a special election to be held on November 6, 2012, a question amending the Charter of Kansas City to increase the mandatory retirement age of municipal judges from age 65 to age 70; directing the City Clerk to notify the responsible election authorities of the election not later than August 28, 2012; and recognizing an emergency.

Legislation History
DateMinutesDescription
8/1/2012 Filed by the Clerk's office
8/2/2012 Referred to Public Safety & Emergency Services Committee
8/15/2012 Do Pass
8/16/2012 Assigned to Third Read Calendar
8/23/2012 Passed

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ORDINANCE NO. 120716

 

Calling for submission to the voters of Kansas City, at a special election to be held on November 6, 2012, a question amending the Charter of Kansas City to increase the mandatory retirement age of municipal judges from age 65 to age 70; directing the City Clerk to notify the responsible election authorities of the election not later than August 28, 2012; and recognizing an emergency.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. ELECTION CALLED. That an election is called on November 6, 2012, for the purpose of submitting to the voters of Kansas City an amendment to the City Charter.

 

Section 2. BALLOT TITLE. The ballot title shall be:

 

Should the Charter of Kansas City be amended by increasing the mandatory retirement age of Municipal Judges from 65 to 70 years of age to match that of state judges?

 

_____ Yes _____ No

 

Section 3. NOTICE OF ELECTION. The notice of election shall read as follows:

 

==================================================

 

NOTICE OF ELECTION

 

KANSAS CITY, MISSOURI

 

Notice is given that the City of Kansas City has called a special election to be held on Tuesday, November 6, 2012, between the hours of 6:00 a.m. and 7:00 p.m., at which election all qualified voters residing within Kansas City, Missouri will be given the opportunity to vote.

 

The official ballot will be in substantially the following form:

 

OFFICIAL BALLOT

CITY OF KANSAS CITY

SPECIAL ELECTION, NOVEMBER 6, 2012

 

QUESTION NO. _____

(Judges Retirement Age)

 

Should the Charter of Kansas City be amended by increasing the
mandatory retirement age of Municipal Judges from 65 to 70 years of age to match that of state judges?

 

YES _____

NO _____

 

(Instructions to voters will be supplied by the election authorities.)

 

A full and complete copy of Ordinance No. 120716 (as it may be amended) submitting the above amendment to the electorate is on file in the office of the City Clerk of Kansas City, Missouri where the same is open for inspection and copying.

 

The polling places for the election will be (INSERT LIST OF POLLING PLACES IN LAST PUBLICATION ONLY)

 

==================================================

 

I hereby certify that the foregoing is the legal notice to be published pursuant to Section 115.127, RSMo, as amended.

 

Given under my hand and the official seal of the Kansas City, Missouri, this _____ day of August, 2012.

 

(SEAL)

 

 

__________________________________

MARILYN SANDERS

City Clerk of Kansas City, Missouri

 

Before me, a notary public, personally appeared Marilyn Sanders, to me known to be the City Clerk of Kansas City, Missouri, and the person who acknowledged to me that she executed the same for the purposes therein stated.

 

 

__________________________________

Notary Public

 

My Commission Expires:____________________________

 

Section 4. NOTICE TO ELECTION AUTHORITIES BY CITY CLERK. That following passage of this ordinance the City Clerk shall deliver certified copies of this ordinance and notice of election to the Clerk of Cass County, Board of Election Commissioners of Clay County, Board of Election Commissioners of Kansas City, and Board of Election Commissioners of Platte County, not later than August 28, 2012, which shall be the authority of each election authority of the City to submit the amendment to the electors of Kansas City and to give public notice as provided by law.

 

Section 5. AMENDMENTS TO BECOME THE CHARTER OF THE CITY OF KANSAS CITY - JUDGES RETIREMENT AGE. If a majority of the voters favor the judges’ retirement age question, then this amendment to the Charter of the City of Kansas City, Missouri shall become effective immediately upon passage, which amendment shall read as follows:

 

BE IT ADOPTED BY THE PEOPLE OF KANSAS CITY:

 

That the Charter of the City of Kansas City, Missouri, is amended by repealing Sections 306 and 312 and enacting new Sections 306 and 312 of the Charter to read as follows:

 

Sec. 306. Qualifications of judges.

 

Judges of the Kansas City Municipal Division shall possess the following qualifications:

 

(a)    Citizenship. Citizen of the United States and the State of Missouri for five years immediately prior to appointment;

 

(b)   Residency. Resident of the City of Kansas City, Missouri for one year immediately prior to appointment and continuously during service as a judge;

 

(c)    Licensed to practice law. Licensed to practice law in the State of Missouri for five years immediately prior to appointment;

 

(d)   Member of The Missouri Bar. Member of the Missouri Bar in good standing continuously during service as a judge;

 

(e)    Age. Be less than seventy years of age; and

 

(f)    Other qualifications. Possess any additional qualifications prescribed by law.

 

Sec. 312. Removal from office.

 

(a) Automatic forfeiture of office.

 

(1) Failure to maintain the qualifications of office. A judge who fails to maintain the qualifications for office shall immediately upon ceasing to be qualified for office forfeit office.

 

(2)               Felony. Judges of the Kansas City Municipal Division shall forfeit office immediately upon being found guilty, either after a trial or as a result of a plea of guilty or nolo contendere, whether or not a sentence is imposed, of a felony or of any other act in another jurisdiction that would be a felony if committed in Missouri.

 

(b) Retirement. Judges of the Kansas City Municipal Division shall retire on or before their seventieth birthday. Judges not eligible to receive a pension resulting from judicial service to the City on that day are automatically removed from office without further act of the Judge.

 

(c) Removal based on charges of misconduct.

 

(1) Charges brought by the Municipal Judicial Nominating Commission. Four members of the Municipal Judicial Nominating Commission may vote to bring charges against a judge of the Kansas City Municipal Division seeking that judge’s removal from office by submitting written charges to the City Council.

 

(2) Grounds for removal. Judges are subject to removal by the Council for nonfeasance, malfeasance or misfeasance in the performance of official duties or engaging in conduct which brings discredit on the Kansas City Municipal Division, or violating any prohibition established by this Charter for judges.

 

(3) Procedure. The Council, and not a committee of the Council, shall hold an appropriate hearing sitting as a board of review for the purpose of hearing evidence and testimony relating to the charges. The Mayor will preside and may cast a vote. Unless at least seven members of the Council vote for the removal of a judge, the judge will not be removed from office.

 

(d) Exclusive procedures for removal. Judges of the Kansas City Municipal Division shall not be subject to recall.

 

(e) State law procedures. The procedures established by this Charter are in addition to any procedures provided by state law or rule.

 

Section 6. EMERGENCY RECOGNIZED. This ordinance, providing for the submission of Charter amendments to the people of Kansas City, Missouri, is hereby recognized to be an emergency measure within the meaning of Section 503(a)(3)(A) of the Charter, and as such shall become effective immediately following approval by the Mayor, or five days after passage if no action is taken by the Mayor to approve or veto the ordinance.

 

_______________________________________________

 

Approved as to form and legality:

 

 

______________________________

William Geary

City Attorney