ORDINANCE NO. 090698

 

Amending Chapter 2, Administration, Code of Ordinances, by repealing Sections 2-54 through 2-56, 2-59, 2-70 and 2-71 and enacting in lieu thereof new Sections 2-54, through 2-56, 2-59 and 2-70 of similar subject matter all relating to City volunteers.

WHEREAS, the Council recognizes that individuals or groups of individuals volunteering their time, skills, talents and knowledge to the City can augment the Citys delivery of services to its citizens; and

 

WHEREAS, the Council recognizes that providing certain volunteer opportunities to individuals or groups of individuals provides them with opportunities for public service; and

 

WHEREAS, the Council also recognizes that providing volunteer opportunities within City government can sometimes present risks to the City, the public and the volunteers themselves which must be considered and managed; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

That Chapter 2, Administration, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 2-54 Application, Section 2-55 Definitions, Section 2-56 Authority to permit volunteers to provide services subject to Sections 2-54 through 2-71 of this Article, Section 2-59 Family Members of City Elected Officials, Section 2-70 Termination of volunteers services and Section 2-71 Enforcement and enacting in lieu thereof new sections 2-54, 2-55, 2-56, 2-59 and 2-70 of similar subject matter, to read as follows:

 

Sec. 2-54. Application.

 

Section 2-54 through Section 2-71 shall control the designation, use and termination of volunteers in the offices and workplaces of all city elected and appointed officials and all city employees.

 

Sec. 2-55. Definitions.

 

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:

 

Volunteer means a person who, of his/her free will, provides services relating to the City or a City elected or appointed official, including consulting or advisory, in the offices of a City elected or appointed official or the offices or workplaces of a City employee without receiving monetary or material compensation.

Regular-service volunteer means a volunteer, other than a periodic or special case volunteer as defined herein.

 

Periodic volunteer means a volunteer who offers to provide services for no more than ten hours in any single calendar month. Individuals who perform services in City-sponsored programs, such as neighborhood cleanup assistance programs, and other similar programs, shall not be considered a volunteer for the purposes of this article.

 

Special case volunteer means a volunteer participating in student projects, a student who is receiving qualified educational credit for their service commitment or a student performing community service-oriented projects.

 

Family member or relative means a person who is the spouse of or is related to the elected or appointed official or employee within the third degree by consanguity or affinity.

 

Sec. 2-56. Authority to permit and terminate volunteers to provide services subject to Sections 2-54 through 2-71 of this Article.

 

(a) Mayor: The Mayor shall have the exclusive authority to designate those activities for which volunteers and their services can be utilized in the Mayors Office or for activities, projects or programs administered exclusively by the Mayor and to designate such a person as a volunteer.

 

(b) Mayor pro tem: The Mayor pro tem shall have the authority to designate those activities for which volunteers and their services can be utilized in the City Council Offices for activities, projects or programs administered exclusively by the City Council and to designate such a person as a volunteer.

(c) Council members: Council members shall have the authority to designate those activities, projects or programs for which volunteers and their services are utilized exclusively in his/her office and to designate such a person as a volunteer.

 

(d) Appointed official: An appointed official shall have the authority to designate those activities, projects or programs for which volunteers and their services are utilized exclusively in his/her office and to designate such a person as a volunteer.

(e) City Manager: The City Manager shall have the authority to designate those activities, projects or programs for which volunteers and their services are utilized exclusively in his/her office and to designate such a person as a volunteer and to terminate the volunteers services.

 

(f) Department Directors: The director of each department shall have the authority to designate those activities, projects or programs for which volunteers and their services are utilized exclusively in his/her department and to designate such a person as a volunteer and to terminate the volunteers services.

 

(g) Termination of Volunteers Designated by Either Mayor, Mayor Pro Tem, Council member or an Appointed Official: A volunteer designated by either the Mayor, Mayor Pro Tem, a Council member or an appointed official can be terminated by either the elected or appointed official making the designation or by an affirmative vote of at least seven members of the Council as a body.

 

Each person authorized to serve as a volunteer, must be designated as either a regular-service volunteer, a periodic volunteer or a special case volunteer by the person authorizing the service of the volunteer and that designation must be communicated to the volunteer in writing, with a copy delivered to the City Clerk within three days of the initial date of service as a volunteer.

 

Sec. 2-59. Family Members.

 

An elected or appointed official or a City employee shall not designate or otherwise allow a family member to serve as a regular service volunteer in the elected or appointed officials office or the City employees office.

 

Sec. 2-70. Enforcement of ordinance.

 

Any complaint of a violation of this ordinance by an elected official shall be reported to the internal auditor. The internal auditor will then forward the complaint to the Ethics Commission for its investigation and determination. The Ethics Commission shall meet to consider the complaint within thirty (30) days after receiving the complaint from the internal auditor.

 

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Approved as to form and legality:

 

 

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Galen P. Beaufort

City Attorney