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.
_____________________________________________
Approved as to form and
legality:
____________________________________
City Attorney