ORDINANCE NO. 050992

 

Calling for submission to the voters of Kansas City, at a special election to be held on November 8, 2005, three questions amending the Charter of Kansas City to extend term limits applicable to future Mayors and Councils from two to three consecutive terms, permitting recall of an official only when proponents of the recall identify specific reasons for the recall and requiring a majority vote to replace a recalled official, and increasing the mandatory retirement age of Municipal Judges from 65 to 70 years of age; directing the City Clerk to notify the responsible election authorities of the election; and recognizing this ordinance to be an emergency measure.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. ELECTION CALLED. That an election is called on November 8, 2005, for the purpose of submitting to the voters of Kansas City three amendments to the Charter.

 

Section 2. NOTICE TO ELECTION AUTHORITIES BY CITY CLERK. That upon passage of this ordinance the City Clerk shall immediately 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, and which shall be the authority of each election authority of the City to submit the amendments to the electors of Kansas City and to give public notice as provided by law.

 

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

 

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NOTICE OF ELECTION

 

KANSAS CITY, MISSOURI

 

Notice is hereby given that the City of Kansas City has called a special election to be held on Tuesday, November 8, 2005, 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 8, 2005

 

QUESTION NO. _____

(Term Limits)

 

Should the Charter of Kansas City be amended by repealing its current two consecutive term limit for the Mayor and Council members and enacting a three consecutive term limit for the Mayor and Council members?

 

_____ Yes

_____ No

 

QUESTION NO. _____

(Reasons for Recall / Majority Vote)

 

Should the Charter of Kansas City be amended by requiring a committee of petitioners seeking the recall of the Mayor or a Council member to identify the actions or failure to act on the part of the official, which must be related to the officials duties, which forms the basis of the recall, and to require a majority vote for any replacement of a recalled official?

 

_____ Yes

_____ No

 

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?

 

_____ Yes

_____ No

 

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

 

A full and complete copy of Ordinance No. __________ submitting the above amendments 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)

 

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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, 2005.

 

 

 

__________________________________

MILLIE CROSSLAND

City Clerk of Kansas City, Missouri

 

Before me, a notary public, personally appeared Millie Crossland, 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. AMENDMENTS TO BECOME THE CHARTER OF THE CITY OF KANSAS CITY TERM LIMITS. If a majority of the voters favor the term limits question, then the amendment to the Charter of the City of Kansas City shall become effective April 24, 2007 if the amendments proposed by Ordinance 050953 are adopted, and effective April 11, 2007 if the amendments proposed by Ordinance 050953 are not adopted, which amendment shall read as follows:

 

BE IT ADOPTED BY THE PEOPLE OF KANSAS CITY:

 

That the Charter of the City of Kansas City is amended by repealing Section 206 of the Charter proposed by Ordinance 050953 if it is adopted by the people, and enacting a new section to read as follows:

 

Sec. 206. Term of office.

 

(a) Length of term. All members of the Council, including the Mayor, will serve a term of four years, commencing April 23 following their election.

 

(b)               Term limits.

(1) Mayor. No person shall be elected Mayor who has been elected Mayor in each of the last three regular municipal elections.

 

(2) Member of the Council. No person shall be elected a member of the Council who has been elected to the Council in each of the last three regular municipal elections.

 

(3) Retroactive application. Persons elected as a member of the Council or as Mayor prior to the date this Charter becomes effective are included within the term limits established by this section.

 

or if the amendments proposed by Ordinance 050953 are not adopted by the people, but if a majority of the voters favor the term limits question, then the amendment to the Charter of Kansas City shall become effective April 11, 2007, repealing Section 6.4 of the Charter of Kansas City, the new section to read as follows:

 

Sec. 6.4. Limitation on term of office for councilmembers and mayor.

 

No person shall be elected a member of the council who has been elected to the council in each of the last three (3) regular municipal elections. No person shall be elected mayor who has been elected mayor in each of the last three (3) regular municipal elections.

 

Section 5. AMENDMENTS TO BECOME THE CHARTER OF THE CITY OF KANSAS CITY Reasons for Recall / MAJORITY VOTE. If a majority of the voters favor the reasons for recall / majority vote question, then the amendment to the Charter of the City of Kansas City, Missouri shall become effective December 1, 2005, 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 enacting a new Section 720.5 and by repealing Section 725 and enacting a new Section 725 of the Charter proposed by Ordinance 050953 if it is adopted by the people, the sections to read as follow:

 

Sec. 720.5. Grounds for recall.

 

Grounds for recall must relate to and affect the administration of the officials office, and be of a substantial nature directly affecting the rights and interests of the public. Grounds for recall are limited to objective reasons which reasonable people, regardless of their political persuasion, could agree would render any officials performance ineffective, such as acts of misfeasance, the improper performance of some act which may lawfully be done, malfeasance, the commission of some act wholly beyond the officials authority, and nonfeasance, the failure to perform a required duty.

 

Sec. 725. Result of recall election.

 

Unless a majority of the votes cast on the question of recalling an officer shall be for the officers recall the officer shall continue in office for the remainder of the unexpired term, but subject to recall as before. If a majority of such votes be for the recall of such officer, the officer shall, regardless of any defect in the recall petition, be deemed removed from office forthwith. In case an officer be removed from office by recall, the candidate to succeed such officer who shall have received the highest number of votes at such recall election, shall be deemed elected and shall serve for the unexpired term unless sooner removed as provided in this Charter, provided that the candidate received greater than 50% of the votes. If no candidate received greater than 50% of the votes, the two candidates receiving the greatest number of votes shall participate in a runoff election held at the next available municipal or state election held for which the City can lawfully provide required notices to the election authorities without seeking a court order.

 

or by enacting a new Section 434.5 and by repealing Section 439 and enacting a new Section 439 of the Charter of Kansas City if the Charter proposed by Ordinance 050953 is not adopted by the people, to be effective December 1, 2005, the sections to read as follow:

 

Sec. 434.5. Grounds for recall.

 

Grounds for recall must relate to and affect the administration of the officials office, and be of a substantial nature directly affecting the rights and interests of the public. Grounds for recall are limited to objective reasons which reasonable people, regardless of their political persuasion, could agree would render any officials performance ineffective, such as acts of misfeasance, the improper performance of some act which may lawfully be done, malfeasance, the commission of some act wholly beyond the officials authority, and nonfeasance, the failure to perform a required duty.

 

Sec. 439. Result of recall election.

 

Unless a majority of the votes cast on the question of recalling an officer shall be for the officers recall the officer shall continue in office for the remainder of the unexpired term, but subject to recall as before. If a majority of such votes be for the recall of such officer, the officer shall, regardless of any defect in the recall petition, be deemed removed from office forthwith. In case an officer be removed from office by recall, the candidate to succeed such officer who shall have received the highest number of votes at such recall election, shall be deemed elected and shall serve for the unexpired term unless sooner removed as provided in this Charter, provided that the candidate received greater than 50% of the votes. If no candidate received greater than 50% of the votes, the two candidates receiving the greatest number of votes shall participate in a runoff election held at the next available municipal or state election held for which the City can lawfully provide required notices to the election authorities without seeking a court order.

 

Section 6. 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 the amendment to the Charter of the City of Kansas City, Missouri shall become effective December 1, 2005, 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 proposed by Ordinance 050953 if it is adopted by the people, the sections 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 judges 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.

 

or by repealing Section 395.9 and enacting a new Section 395.9 of the Charter of Kansas City if the Charter proposed by Ordinance 050953 is not adopted by the people, to be effective December 1, 2005, the section to read as follow:

 

Sec. 395.9. Retirement; retirement pay.

 

All judges of the municipal court shall retire at age seventy (70), under such terms and conditions as may be prescribed by the city council.

 

Each judge of the municipal court, other than a part-time judge, serving after the initial adoption of this section, shall receive retirement pay, for service, when he reaches sixty-five (65) years of age regardless of whether he is still serving as a municipal judge, at the rate of not less than two (2) percent of the existing salary at the time each said judge is entitled to retirement pay, multiplied by the total number of years service as municipal judge; provided however, such retirement pay shall not exceed fifty (50) percent of the existing salary for judges of the municipal court at the time each said judge is entitled to retirement pay.

 

A municipal court judge, other than a part-time judge, who has served in office at least ten (10) years may be retired for mental or physical disability and receive disability retirement pay at fifty (50) percent of his regular salary at the time of retirement, so long as he is disabled. The city council, upon recommendation by the municipal judicial nominating commission, shall determine, by a majority vote, whether or not a judge of the municipal court should be retired for disability.

 

The city council may by ordinance provide disability retirement pay for mental or physical disability, for judges of the municipal court who have served less than ten (10) years in office so long as such judge is disabled.

 

Any judge removed from office under the provisions of section 396 of this article shall not receive any retirement benefits whatsoever under the provisions of this section.

 

Judges of the municipal court receiving retirement pay under the provisions of this section shall be ineligible to receive any other pension or retirement benefits from the city.

 

Section 7. 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 15, Article II, of the Charter, and as such shall become effective immediately upon its passage.

 

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Approved as to form and legality:

 

 

________________________________

William Geary

Assistant City Attorney