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Legislation #: 900594 Introduction Date: 10/18/1990
Type: Ordinance Effective Date: 1/24/1991
Sponsor: COUNCILMEMBER ZMAYOR BERKLEY
Title: Submitting to the electors of Kansas City, Missouri, at the next election to be held in said City not less than sixty days after the passage of this ordinance, an amendment to the Charter of said City adopted February 24, 1925, as amended, adopting two new sections creating an Elected Officials Ethics Commission, and recognizing this ordinance to be an emergency measure.

Legislation History
DateMinutesDescription
1/10/1991

Waive Charter Requirements City Council

10/18/1990

Waive Charter Requirements City Council

10/19/1990

Prepare to Introduce

10/24/1990

Hold Off Agenda

10/18/1990

Referred Finance Committee

1/9/1991

Hold Off Agenda

1/10/1991

Called Out of Committee

1/17/1991

Assigned to Third Read Calendar

1/24/1991

Move To Hold On Docket

1/24/1991

Hold to End of Docket

1/24/1991

Passed as Amended


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ORDINANCE NO. 900594, AS AMENDED

 

Submitting to the electors of Kansas City, Missouri, at the next election to be held in said City not less than sixty days after the passage of this ordinance, an amendment to the Charter of said City adopted February 24, 1925, as amended, adopting two new sections creating an Elected Officials Ethics Commission, and recognizing this ordinance to be an emergency measure.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That there shall be submitted to the qualified electors of Kansas City, Missouri, at the next election to be held in said City not less than sixty (60) days after the passage of this ordinance, a proposed amendment to the Charter of said City adopted February 24, 1925, as amended, which such proposition and amendment shall read as follows:

 

Charter Amendment Providing for the Creation of an Elected Officials Ethics Commission.

 

Be it Adopted by the People of Kansas City:

 

(a) That the Charter of Kansas City, Missouri, adopted February 24, 1925, as amended, be amended by adopting two new sections to be known as Section 19.1 and Section 19.2 of Article II thereof, to read as follows:

 

Section 19.1. Elected Officials Ethics Commission.

 

(a) There is hereby created an Elected Officials Ethics Commission which shall have the power and duty to render

advisory opinions and to investigate and report on

allegations of violations of the City's Charter and

Ordinance provisions concerning conflict of interest and

financial disclosure by members of the City Council,

including the Mayor. The Commission may call upon the

City Counselor, the City Auditor or other appropriate

public officials to assist them in their investigation or

may utilize outside counsel or staff if it is reasonable

and necessary to properly complete its work.

 

(b) The Commission with the concurrence of at least three (3) members may issue advisory opinions upon the written

request by any member of the City Council or the Mayor.

Such advisory opinions shall at the option of the elected

official requesting the advisory opinion be a closed

record.

 

(c) The Commission, with the affirmative vote of at least three (3) of its members, upon the sworn complaint of any

resident of the City or upon their own initiative, may

investigate an alleged violation. The Commission shall

have the power to examine witnesses under oath or

affirmation and the power to subpoena all documents and

persons necessary for their investigation.

 

The Commission shall, upon receiving such sworn

complaint, or following their own affirmative vote to

consider an investigation, notify the elected official,

in writing, of the nature of the alleged complaint. The

elected official shall be given at least ten (10) days to

provide the Commission with such information as he or she

deems appropriate to explain or justify the

circumstances. Thereafter, the Commission may, by an

affirmative vote of at least three (3) members, proceed

to commence an investigation for the purpose of producing

a final report and recommendations on the matter. At the

request of the elected official, the Commission shall

hold a hearing where the elected official can provide

evidence and testimony and examine any other witnesses

called to testify. Prior to the issuance of its final

report and recommendations, the Commission shall provide

an opportunity for the elected official to respond to the

report and recommendations.

 

(d) All meetings and records of the Commission in connection with an investigation shall be closed to the public

except as provided herein, in recognition of the

following factors:

 

a. The information to be presented or to be discussed

at the meeting or the records may involve persons

other than the elected official who are not under

investigation and disclosure of such information

may be harmful to such persons.

 

b. The information to be presented or discussed or the

records may involve matters which if publicly

disclosed might be adverse to the best interests of

the City.

 

(e) The Commission may, upon the affirmative vote of three (3) members, open such meeting and records under the

following circumstances:

 

a. The elected official who is subject to such

investigation requests an open meeting or record

and the Commission determines that such action

would not be adverse to the public interest.

 

b. The Commission makes a determination after an

investigation that a violation of the Charter or

ordinance has occurred in which event a final

report on the investigation shall always be an open

record.

 

Section 19.2. Members, How Appointed, Qualifications and Removal.

 

(a) The Commission shall consist of five (5) members, appointed by the Mayor with approval of the City Council.

The Commission members shall serve for a term of five

years, provided, however, that the initial Commission

members, one shall be appointed for a term of five years,

one for a term of four years, one for a term of three

years, one for a term of two years, and one for a term of

one year. All Commission members shall serve until their

successors are duly appointed.

 

(b) All Commissioners shall be residents of the City and shall serve without compensation, but may be reimbursed

their necessary and reasonable expenses. No members of

the Commission shall hold any other public office or be

a candidate for same, or be an elected or appointed

member of any local, state or national committee of any

political party, or an active member of any political

party or active member of any partisan or nonpartisan

political club or organization.

 

(c) Commission members may be removed for cause, for violating the provisions of subsection (b) hereof,

refusal to serve or malfeasance in office by any Circuit

Judge sitting in any Circuit Court containing all or part

of the City following the filing and hearing on any quo

warranto petition asking for such removal.

 

(b) This Charter Amendment upon approval by the qualified voters shall become effective April 11, 1991.

 

Section B. The City Clerk shall deliver certified copies of this ordinance to the Board of Election Commissioners of Kansas City, Missouri, the Board of Election Commissioners of Clay County, Missouri, and the Clerks of the Counties of Platte County and Cass County, Missouri, which shall be the authority of said Boards of Election Commissioners and the County Clerks respectively, to submit this amendment to the electors of said City as hereinbefore provided and to give public notice as provided by law.

 

Section C. This ordinance, providing for the submission of a Charter Amendment 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 of said City, and as such shall become effective immediately upon its passage.

 

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Approved as to form and legality:

 

 

 

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City Attorney