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Legislation #: 071160 Introduction Date: 10/25/2007
Type: Ordinance Effective Date: 11/30/2007
Sponsor: COUNCILMEMBER JOHNSON
Title: Amending Chapter 2 and Chapter 50, Code of Ordinances, by repealing Sections 2-46 and 50-41 and enacting in lieu thereof new sections of like number and subject to update the council investigation provisions to reflect changes made to the Charter.

Legislation History
DateMinutesDescription
10/25/2007 Filed by the Clerk's office
10/25/2007 Referred to Finance and Audit Committee
10/31/2007 Hold On Agenda (11/7/2007)
11/7/2007 Do Pass as a Committee Substitute
11/8/2007 Assigned Third Read Calendar as Substituted
11/20/2007 Passed as Substituted

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 071160

 

Amending Chapter 2 and Chapter 50, Code of Ordinances, by repealing Sections 2-46 and 50-41 and enacting in lieu thereof new sections of like number and subject to update the council investigation provisions to reflect changes made to the Charter.

 

WHEREAS, the citizens of Kansas City, Missouri voted to approve a new Charter of the City of Kansas City, Missouri, on August 8, 2006; and

WHEREAS, revising Chapter 2, Article II, Section 2-46 and Chapter 50, Article II, Section 50-41 of the Code of Ordinances will update the council investigation provisions to reflect changes made to the Charter; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1, That Chapter 2, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 2-46 and enacting in its place a new Section 2-46 to read as follows:

 

Sec. 2-46. Council investigations.

 

(a) Investigations by the Council. The Council and any and all committees of the Council shall be empowered and authorized to inquire into the conduct of any department or office of the city and to make investigations as to city affairs and matters of municipal interest, and for these purposes each body and each member of each body, at any and all times, and in any and all municipal matters, shall be delegated, empowered and authorized to compel by subpoena duces tecum via the City Manager, the production of books, papers and other evidence of the city in all public and city offices as provided in section 212 of the Charter and each body shall also have any additional investigatory powers provided in section 212 of the city Charter.

 

(b) Investigations other than by the Council. Any city committee authorized by the Council or the standing rules of the Council shall have the power, and is authorized, to inquire into the conduct of any department or office of the city and to make investigations as to city affairs and matters of municipal interest, and for these purposes shall have the investigatory powers as determined by the Council.

Section 2, That Chapter 50, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 50-41 and enacting in its place a new Section 50-41 to read as follows:

 


Sec. 50-41. Contempt; refusal to obey subpoena.

 

(a) Any person who shall be duly served with a subpoena or subpoena duces tecum issued as authorized in Chapter 2, Section 2-46, Code of Ordinances of the City of Kansas City, Missouri, and who shall fail or refuse to obey all of the terms and conditions of the subpoena or subpoena duces tecum shall be deemed guilty of a contempt against the authority issuing the subpoena or subpoena duces tecum and such contempt is hereby declared to be an ordinance violation; and, upon conviction therefore, such person shall be punished as provided in this section.

 

(b) The municipal court of the city shall have the power to hear and determine alleged violations of this section, and upon the conviction of anyone thereunder shall punish all such guilty persons by a fine of not more than $500.00 or by imprisonment at the municipal correctional institution for a time not to exceed six months, or by both such fine and imprisonment. Upon the failure of such person to pay any fine so assessed, such person may be committed to the municipal correctional institution until such fine is paid and the judgment of the court satisfied.

 

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Approved as to form and legality:

 

 

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Assistant City Attorney