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