ORDINANCE NO. 960374

Amending Chapter 2, Code of Ordinances, by repealing Section 2-1016, Penalty and other sanctions, and enacting in lieu thereof a new section of like number and subject matter.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 2, Code of Ordinances, is hereby amended by repealing Section 2-1016, Penalty and other sanctions, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

Sec. 2-1016. Penalty and other sanctions.

(a) Penalty. Violation of any provision of this division may be punished by a fine of not less than $1.00 and not more than $500.00, by imprisonment for a period not to exceed six months, or by both fine and imprisonment.

(b) Restitution. Should a person be found to have unlawfully used city-owned vehicles, equipment, materials or property for personal convenience or profit, within the meaning of section 2-1014, the court may, in addition to any other lawful order, require restitution be paid to the city.

(c) Administrative sanction. Violation of any provision of this division shall constitute a cause for suspension, removal from office or employment, or other disciplinary action.

(d) General considerations. Violation of any provisions of this division should raise conscientious questions for the member of the council or other official or employee concerned as to whether voluntary resignation or other action is indicated to promote the best interest of the city.

(e) Ethics commission determination. No penalty or other sanction provided for under this section shall be imposed against any member of the city council, including the mayor, the city manager, any assistant city manager, any department head, the director of records or the city auditor, in the absence of a hearing and a determination of the municipal officials ethics commission that a provision of this division has been violated, and a recommendation of the commission that such violation be prosecuted in a court of law as provided under this division. Any complaint alleging a violation of this division shall first be submitted to the municipal officials ethics commission for such a hearing and determination before institution of any court or disciplinary proceedings. All proceedings for imposing penalties under either subsection (a) or (b) of this section shall be prosecuted in the municipal division of the circuit court of Jackson County, unless ordered otherwise by the presiding judge of the circuit court of Jackson County.

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Approved as to form and legality:

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Assistant City Attorney