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Legislation #: 141026 Introduction Date: 12/4/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER FORD
Title: Repealing Section 2-2072, Code of Ordinances, entitled “City communications – Prohibitions related to city elections” and enacting a new Section 2-2072 entitled “Communications – Election periods” to restrict the institution of communications methods not historically used by elected officials before the primary and general municipal elections.

Legislation History
DateMinutesDescription
12/4/2014 Filed by the Clerk's office
12/4/2014 Referred to Finance, Governance & Ethics Committee
12/10/2014 Advance and Do Pass, Debate
12/11/2014 Passed

View Attachments
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141026.pdf Authenticated 132K Authenticated
141026.pdf Fact Sheet 108K 141026 Fact Sheet

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ORDINANCE NO. 141026

 

Repealing Section 2-2072, Code of Ordinances, entitled “City communications – Prohibitions related to city elections” and enacting a new Section 2-2072 entitled “Communications – Election periods” to restrict the institution of communications methods not historically used by elected officials before the primary and general municipal elections.

 

WHEREAS, Section 2-2072, Code of Ordinances, restricts the use of many methods now accepted as necessary or desirable for elected officials to communicate with their constituents beginning 90 days before the general election; and

 

WHEREAS, when first enacted the primary and general elections were four weeks apart, thus providing for a “black out” period of 90 days covered a significant amount of time before the primary election, but the election days were moved by the 2014 City Charter amendments and that period is no longer appropriate; and

 

WHEREAS, when first enacted these restrictions rationally regulated communications methods, but the growth of social media and other formerly non-traditional means of communications renders the current restrictions an anachronism; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Section 2-2072, Code of Ordinances, entitled “City communications – Prohibitions related to city elections” is repealed, and a new Section 2-2072 entitled “Communications – Election periods” is enacted to read as follows:

 

Sec. 2-2072. Communications – Election periods.

 

(a)    Prohibitions.

 

(1)               Special communications. Special communications projects shall not be distributed in any fashion from the day filing for office opens until the day after the general election.

 

(2)               Mailings. Mayor or City Council mailings shall not be distributed in any fashion from the day filing for office opens until the day after the general election.

 

(b)   Special communications project defined. Special communications projects includes any means of communications, including paper documents, physical items, the City’s website, email, social media, texting or other type of communications done with City resources that is not a regular, established means of communications which has been in actual use by the elected official at least six months prior to the opening day of filing for office.

 

(c)    Exception. The City Council may authorize special communications projects or mailings when it finds the project will not have the effect of supporting a specific official’s re-election, but is found to be necessary to meet an important communications need of the City.

 

_____________________________________

 

Approved as to form and legality:

 

 

______________________________

William Geary

City Attorney