KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 030961 Introduction Date: 8/21/2003
Type: Ordinance Effective Date: 8/31/2003
Sponsor: None
Title: Calling an election for November 4, 2003, to present an amendment to the City Charter, Article XVII entitled Referendum and Recall to require that petitions be circulated only by residents of Kansas City, that the City Attorney review and comment on proposed ordinances, that geographic support be demonstrated for an initiative, and that a six month time limit for initiative petitions be established; directing the City Clerk to notify the responsible election authorities of the election; and recognizing this ordinance to be an emergency measure.

Legislation History
DateMinutesDescription
8/21/2003

Waive Charter Requirements City Council

8/21/2003

Amended

8/21/2003

Passed as Amended


View Attachments
FileTypeSizeDescription
030961.pdf Other 1631K Authenticated and Additional Documents

Printer Friendly Version

ORDINANCE NO. 030961, AS AMENDED

 

Calling an election for November 4, 2003, to present an amendment to the City Charter, Article XVII entitled Initiative, Referendum and Recall to require that petitions be circulated only by residents of Kansas City, that the City Attorney review and comment on proposed ordinances, that geographic support be demonstrated for an initiative, and that a six month time limit for initiative petitions be established; 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 for November 4, 2003, for the purpose of submitting to the voters of Kansas City an amendment to the Charter by repealing Article XVII entitled Initiative, Referendum and Recall and enacting a new Article XVII entitled Initiative, Referendum And Recall..

 

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 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 amendment 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:

 

========================================================================

 

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 4, 2003, 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 4, 2003

 

QUESTION NO. _____

 

Should the Charter of Kansas City be amended by repealing its current Article XVII Initiative, Referendum and Recall and enacting a new Article XVII Initiative, Referendum and Recall to require petition circulators to be residents of Kansas City; to require City Attorney review and comment, geographic support and a six month time limit for initiative petitions; and to reflect current law as provided in Ordinance No. 030961, as amended?

 

_____ Yes

_____ No

 

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

 

____________________________________________________________________

 

 

A full and complete copy of Ordinance No. 030961, as amended 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)

 

____________________________________________________________________

 

 

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, 2003.

 

 

 

(SEAL) __________________________________

MILLIE M. CROSSLAND

City Clerk of Kansas City, Missouri

 

Before me, a notary public, personally appeared Millie M. 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 ARTICLE XVII OF THE CHARTER OF THE CITY OF KANSAS CITY. If a majority of the voters favor the question, then the amendments to the Charter of Kansas City, Missouri shall become effective immediately upon certification of the election results by the election authorities, and as provided in the Charter, which amendments shall read as follows:

 

BE IT ADOPTED BY THE PEOPLE OF KANSAS CITY:

 

That the Charter of Kansas City, Missouri, adopted February 25, 1925, as amended, is further amended by repealing the current Article XVII thereof, and enacting a new Article XVII to read as follows:

 

ARTICLE XVII. INITIATIVE, REFERENDUM AND RECALL

 

DIVISION 1. GENERAL PROVISIONS

 

Sec. 426.1. Committee of Petitioners.

Sec. 426.2. Petition requirements.

Sec. 426.3.Verification of signatures.

Sec. 426.4. Supplementary petitions.

Sec. 426.5. Withdrawal of signatures.

Sec. 426.6. Circulators of petitions.

 

DIVISION 2. INITIATIVE

 

Sec. 427.1. Establishment of the initiative.

Sec. 427.2. Initiative petitions.

Sec. 427.3. Law Department review.

Sec. 427.4. Submission of initiative petitions.

Sec. 427.5. Action by Council.

Sec. 427.6. Election.

Sec. 427.7. Initiative ballot.

Sec. 427.8. Conflicting ordinances.

Sec. 427.9. Repeal of initiated ordinances.

 

DIVISION 3. REFERENDUM

 

Sec. 428.1. Establishment of referendum.

Sec. 428.2. Notice procedure.

Sec. 428.3. Referendum petitions.

Sec. 428.4. Submission of referendum petitions.

Sec. 428.5. Action by Council.

Sec. 428.6. Effect of valid referendum petition.

Sec. 428.7. Referendum ballots.

Sec. 428.8. Conflicting ordinances.

Sec. 428.9. Referred ordinance not to be reenacted.

 

DIVISION 4. RECALL

 

Sec. 429.1. Recall established.

Sec. 429.2. Grounds for recall.

Sec. 429.3. Limitations on recall.

Sec. 429.4. Notice procedure.

Sec. 429.5. Recall petition.

Sec. 429.6. Submission of recall petition.

Sec. 429.7. Election.

Sec. 429.8. Candidates to succeed official recalled.

Sec. 429.9. Ballots in recall election.

Sec. 429.10. Result of recall election.

Sec. 429.11. Election when an official resigns.

 

ARTICLE XVII. INITIATIVE, REFERENDUM AND RECALL

 

DIVISION 1. GENERAL PROVISIONS

 

Sec. 426.1. Committee of Petitioners.

 

(a) Submission of petitions. A committee of petitioners composed of three registered voters of the City may submit an initiative, referendum, or recall petition.

 

(b) Withdrawal of petitions. A committee of petitioners may, by unanimous action, withdraw a petition at any time prior to the thirtieth day next preceding the day scheduled for the election on the ordinance. Upon filing the request, the petition or any election thereon shall have no further force or effect and all proceedings thereon shall be terminated. No signatures included in a petition withdrawn by the committee of petitioners may be used in any subsequent petition. This does not preclude a person who signed a petition subsequently withdrawn, to sign a new petition addressing the same subject matter.

 

Sec. 426.2. Petition requirements.

 

In addition to any special requirements imposed by this Charter for initiative, referendum or recall petitions, all petitions will meet the following requirements:

 

(a) Required information. Each signer of a petition shall sign his or her name in ink or indelible pencil, and designate his or her residence by street and number, or other description sufficient to identify the place. Printed or typed names of each signer shall be included in each petition. Signatures without a date will not be counted. Failure to meet these requirements will render a signature invalid.

 

(b) Signatures from one county. Noted at the top of each page will be the county in which the signers of that page reside and are registered voters. Pages intermixing persons from different counties will have only those signatures from the designated county considered. Pages without a county designation will not be counted.

 

(c) Notice to signers. Every petition paper shall have printed on its face, It is unlawful for anyone to sign any petition with any name other than his or her own, or knowingly to sign his or her name more than once for the same measure for the same election, or to sign a petition when he or she knows he or she is not a registered voter, or to encourage another to do so. Failure to meet this requirement renders the petition page invalid.

 

(d) Multiple pages. All petition papers comprising an initiative, referendum or recall petition shall be assembled and filed with the City Clerk as one instrument. Signatures to a petition need not all be appended to one page, but each separate page must have an affidavit of the circulator stating that each signature was made in the circulators presence and is the genuine signature of the person whose name it purports to be. Failure to meet this requirement renders the petition page invalid.

 

(e) Uniform pages. All papers for each petition shall be uniform in character. Failure to meet this requirement renders the initiative petition invalid.

 

(f) Committee of Petitioners. The names and addresses of the committee of petitioners shall be placed on each page of the petition.

 

(g) Petition forms. The City Clerk shall provide form initiative, referendum and recall petition papers.

 

Sec. 426.3. Verification of signatures.

 

(a) Distribution to election authorities. Upon receipt of a petition, the City Clerk will distribute the pages to the appropriate election authorities for verification of signatures and designation of Council district, when appropriate.

 

(b) Submission to the Council. If the totals of the information provided by the election authorities meet the requirements of this Charter, the City Clerk will do the following:

 

(1) Initiative. If an initiative petition, submit the initiative ordinance to the City Council at its next regular meeting following the Clerks determination;

 

(2) Referendum. If a referendum petition, certify the ordinance, or part of the ordinance subject to the referendum, to the City Council at its next regular meeting following the Clerks determination;

 

(3) Recall. If a recall petition, certify the recall petition to the City Council at its next regular meeting following the Clerks determination, and notify the official of the certification.

 

Sec. 426.4. Supplementary petitions.

 

(a) Supplementary petitions authorized. If the City Clerk finds the petition insufficient, the committee of petitioners may at any time within ten days after the making of a certificate of insufficiency by the City Clerk file a supplementary petition upon additional papers as provided in case of an original petition.

 

(b) Verification. The City Clerk shall provide for the verification of the supplementary petition pages as for the original petition.

 

(c) Insufficient signatures. If the total number of required signatures including the original and supplementary pages is still insufficient, the committee of petitioners will be notified and no further action shall be taken on the petition.

 

(d) Sufficient signatures. If the total number of required signatures including the original and supplementary pages is sufficient, the process as provided in this Charter will be followed.

 

(e) New petition. The determination that any petition is insufficient shall not prejudice the filing of a new petition for the same purpose.

 

(f) Technical rules. Unless otherwise noted, no technical rule shall govern the determination of the sufficiency of a petition or the signatures, but the intent and the identity of each signer shall be fairly determined.

 

Sec. 426.5. Withdrawal of signatures.

 

(a) Prior to submission of the ordinance to the Council. A person signing a petition or a supplementary petition may withdraw the persons signature at any time prior to submission of the ordinance or certification to the City Council by the City Clerk.

 

(b) Form. To withdraw a signature a person must file with the City Clerk a signed statement stating the persons intent and desire to withdraw the persons signature. This statement will identify the person, including the persons address and county of residence, and identify the petition from which the persons signature is to be withdrawn. This statement shall be acknowledged by a Missouri notary public, or other person authorized to administer oaths or affirmations.

 

Sec. 426.6. Circulators of petitions.

 

Petitions may be circulated only by residents of Kansas City who have resided within the City for no less than 30 days prior to the circulation of a petition. Petitions circulated by persons not meeting this requirement are invalid.

 

DIVISION 2. INITIATIVE

Sec. 427.1. Establishment of the initiative.

 

(a) General. Any new ordinance may be submitted to the Council by petition, except an ordinance containing administrative matters or except an ordinance for the appropriation of money other than the appropriation of new revenues created and provided for in the proposed ordinance.

 

(b) Exceptions. The following ordinances may not be proposed by the initiative:

 

(1) Administrative matters. Ordinance containing administrative matters;

 

(2) Appropriation of funds. Ordinance for the appropriation of money, unless the ordinance provides a new source of revenue from which the appropriation is to be made;

 

(c) Initiative not a substitute for referendum. An ordinance to repeal all or part of an ordinance will not be subject to repeal by initiative for one year from the date of enactment of the ordinance.

 

Sec. 427.2. Initiative petitions.

 

In addition to those requirements imposed by this Charter, an initiative petition will contain the following provisions:

 

(a) Signatures required

 

(1) Total signatures required. An initiative petition must be signed by a total number of electors at least equal to five percent of the total number of votes cast in the City for the office of Mayor at the last preceding regular municipal election. Failure to meet this requirement renders the initiative petition invalid.

 

(2) Geographic support required. An initiative petition must be signed by electors of at least four of the six Council districts. Signatures from each of four districts must equal at least five percent of the total vote cast in each district for candidates for the office of Mayor at the last preceding regular municipal election. Failure to meet this requirement renders the initiative petition invalid.

 

(b) Ordinance summary. Predominantly displayed on each page of the initiative petition will be a summary of the major provisions and impacts of the ordinance, if enacted. This summary is intended to provide clear notice to the public of the major provisions of the proposed ordinance. Failure to meet this requirement renders the initiative petition page invalid.

 


(c) Ordinance included in petition. Each petition paper shall contain the proposed ordinance in full. Failure to meet this requirement renders the initiative petition page invalid.

 

Sec. 427.3. Law Department review.

 

(a) Attorney review. No ordinance proposed by the initiative will be placed before the voters, absent a court order, unless prior to gathering signatures, the City Attorney, an assistant City Attorney, or special counsel secured by the City Attorney, reviews the proposed ordinance and petition and concludes the proposed ordinance and petition are lawful.

 

(b) Issues addressed by review.

 

(1) Ordinance. The review of the ordinance will include the following questions:

 

(A) Lawfulness of proposal. If enacted, would the ordinance most probably be lawful?

 

(B) Ordinance defects. If the ordinance would not be lawful, in what ways is the proposal potentially unlawful?

 

(C) Impact on other ordinances. If enacted, what current ordinances would effectively be repealed or their application modified?

 

(2) Petition. The reviewing attorney will note errors or defects on the petition.

 

(3) Ordinance summary. Changes to the ordinance summary may be proposed by the reviewing attorney. If changes are proposed, the petition will include the summary approved by the reviewing attorney, absent court order.

 

(c) Additional comments. The reviewing attorney may make additional comments on any part of the proposed petition.

 

(d) Scope of review. The Law Department will not draft initiative petitions or proposed ordinances, but will serve as a review of legislation proposed by a committee of petitioners.

(e) Time for review. The review provided by this section will be completed within thirty days of receipt of the proposed petition.

(f) Additional reviews. A committee of petitioners may, but is not required, resubmit a proposal to the Law Department following a legal review. If a petition is resubmitted the second, or subsequent, reviews will be completed within fifteen days of receipt of the proposed petition.

 

Sec. 427.4. Submission of initiative petitions.

 

Initiative petitions must be submitted to the City Clerk within six months of the date of the final review of the City Attorney.

 

Sec. 427.5. Action by Council.

 

(a) City Council options. Within sixty days of receipt of the ordinance from the City Clerk the City Council will do one of the following things:

 

(1) Adopt the ordinance. Adopt the ordinance as proposed; or

 

(2) Amend the ordinance. Adopt the ordinance with amendments; or

(3) Submit the ordinance to the voters. Instruct the City Clerk to prepare an appropriate election notice and to submit the notice and ordinance to the election authorities to place the ordinance before the voters.

 

(b) Amended ordinance. If the Council passes the ordinance in a form different from that set forth in the petition, the committee of petitioners may require that the Council instruct the City Clerk to place the original ordinance before the voters by submitting the request to the City Clerk within ten days of the Councils passage of the ordinance.

 

Sec. 427.6. Election.

 

If the Council chooses to instruct the City Clerk to place the proposed ordinance before the voters, the ordinance will be submitted to the electors at the next available municipal or state election held not less than thirty days after such certification by the committee of petitioners for which the City can lawfully provide required notices to the election authorities without seeking a court order.

 

Sec. 427.7. Initiative ballot.

 

Initiated ordinances shall be submitted by ballot upon which appears a ballot title, which may be the legal title of any referred ordinance or which may be a concise and unprejudiced statement of the substance of such ordinance. The ballots used in voting upon any such ordinance shall provide the following options:

 

For the Ordinance

Against the Ordinance

 

Any number of ordinances may be voted upon at the same election and may be submitted on the same ballot.

 

Sec. 427.8. Conflicting ordinances.

 

If two or more ordinances be subject to a vote at the same election and conflict in any of their provisions, only the question or proposition receiving the highest affirmative vote shall be deemed effective.

 

Sec. 427.9. Repeal of initiated ordinances.

 

No ordinance adopted by the voters by the initiative shall be amended or repealed by the Council within one year of such adoption except by the affirmative vote of nine members. Thereafter such ordinance may be amended or repealed as any other ordinance.

 

DIVISION 3. REFERENDUM

 

Sec. 428.1. Establishment of referendum.

 

Any ordinance or part of an ordinance passed by the Council, except ordinances including administrative or emergency measures, shall be subject to referendum of the electors.

Sec. 428.2. Notice procedure.

 

(a) Notice. A notice presented by a committee of petitioners and signed by not less than one hundred registered voters of the City stating the intention of such registered voters to cause referendum petitions to be circulated to submit to the electors all or part of an ordinance subject to referendum, must be filed with the City Clerk within ten days of passage of an ordinance subject to referendum. Failure to comply with this requirement precludes a referendum.

 

(b) Validation of signatures on the notice. Upon receipt of the notice, the City Clerk will distribute the pages to the appropriate election authorities for verification. If less than one hundred valid signatures are contained in the notice, the ordinance will not be subject to a referendum. If one hundred or more valid signatures are contained in the notice, the referendum process may continue.

 

Sec. 428.3. Referendum petitions.

 

In addition to those requirements imposed by this Charter, a referendum petition will contain the following provisions:

(a) Total signatures. A referendum petition must be signed by electors of the City equal in number to at least ten percent of the total vote cast for candidates for the office of Mayor at the last preceding regular municipal election.

 

(b) Summary. Predominantly displayed on each page of the referendum petition will be a statement whether the entire ordinance is subject to the referendum, or whether only a part of the ordinance is subject to the referendum. If only a part is subject to the referendum, then those parts will be noted. A summary of the major provisions and impacts of the ordinance that would not become law if the referendum is successful will be noted. This summary is intended to provide clear notice to the public of the major provisions of the proposed ordinance that would not be enacted. Failure to meet this requirement will render the petition page invalid.

 

(c) Ordinance need not be included in petition. Referendum petitions need not contain the entire text of the ordinance unless the entire ordinance is subject to the referendum. If less than an entire ordinance is a subject of a referendum petition, the section or sections to be subject to the referendum and not enacted shall be set forth in the petition. Failure to meet this requirement will render the petition page invalid.

 

Sec. 428.4. Submission of referendum petitions.

 

Referendum petitions must be submitted to the City Clerk within forty days of the date of the passage of the ordinance or part of the ordinance sought to be subjected to the referendum. Signatures dated prior to the date of the enactment or dated after forty days of the enactment will not be counted. Signatures without a date will not be counted.

 

Sec. 428.5. Action by Council.

 

Upon receipt of the City Clerk's certificate, the Council shall proceed to reconsider the ordinance or part of the ordinance subject to the referendum. The vote upon such reconsideration shall be upon the question Shall Ordinance _____, or part of the ordinance specified in the referendum petition, be repealed? If the ordinance part of the ordinance is not repealed, it shall be submitted to the electors at the next available municipal or state election held not less than thirty days after such certification by the committee of petitioners for which the City can lawfully provide required notices to the election authorities without seeking a court order.

 

Sec. 428.6. Effect of valid referendum petition.

 

An ordinance subject to a valid referendum petition will not go into effect unless approved by the voters.

 

Sec. 428.7. Referendum ballots.

 

Ordinances or parts of ordinances shall be submitted by ballot upon which appears a ballot title, which may be the legal title of any referred ordinance or which may be a concise and unprejudiced statement of the substance of such ordinance, or parts thereof, proposed to be repealed. The ballots used in voting upon any such ordinance, or part of an ordinance, shall provide the following options:

 

For the Ordinance

Against the Ordinance

 

Any number of ordinances, or parts thereof, may be voted upon at the same election and may be submitted on the same ballot.

 

Sec. 428.8. Conflicting ordinances.

If two or more ordinances be subject to a vote at the same election and conflict in any of their provisions, only the question or proposition receiving the highest affirmative vote shall be deemed effective.

 

Sec. 428.9. Referred ordinance not to be reenacted.

 

An ordinance not approved by the voters as the result of a referendum may not be reenacted in any material way for one year.

 

DIVISION 4. RECALL

 

Sec. 429.1. Recall established.

 

The Mayor and any member of the Council may be recalled from office by the electors of the City, or in the case of a district Council member, by the electors of the members district.

 

Sec. 429.2. 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. 429.3. Limitations on recall.

 

No recall petition shall be filed against any official within six months after the official takes office, nor, in case of a member subjected to a recall election and not removed, until at least six months after the election.

 

Sec. 429.4. Notice procedure.

 

(a) Notice. A committee of petitioners of the City, or the district by which the officer sought to be removed was chosen, desiring the removal of any such officer, may make and file with the City Clerk an affidavit stating the name and office of the person whose removal is sought. Attached must be a proposed recall petition in the form required by this Charter. A receipt will be provided on the same page of the Notice of Recall Petition signed by the City Clerk, or a person acting for the City Clerk, indicating the date the notice was received, and the date by which the petition must be filed.

 

(b) Form of notice. The City Clerk shall provide a form recall notice.

 

Sec. 429.5. Recall petition.

 

In addition to those requirements imposed by this Charter, a recall petition will contain the following provisions:

 

(a) Total signatures.

 

(1) Mayor or Council member at-large. A recall petition addressed to the Mayor or member of the Council at-large must be signed by electors of the City equal in number to at least twenty percent of the total vote cast for candidates for the office of Mayor at the last preceding regular municipal election.

 

(2) District Council member. A recall petition addressed to a district member of the Council must be signed by electors of the district equal in number to at least twenty percent of the total vote cast in the district for candidates for the office of Mayor at the last preceding regular municipal election.

 

(b) Grounds for recall. Predominantly displayed on each page of the recall petition will be a statement of no more than two hundred words stating the grounds upon which the recall is based. This summary is intended to provide clear notice to the public of the actions or inactions of the official subjected to recall. Failure to meet this requirement will render the petition page invalid.

 

Sec. 429.6. Submission of recall petition.

 

Recall petitions must be submitted to the City Clerk within thirty days of the date of the Clerks receipt of the notice of recall petition. Signatures dated prior to the date of the receipt or dated after thirty days of the receipt will not be counted. Signatures without a date will not be counted.

 

Sec. 429.7. Election.

 

If the official whose recall is sought does not resign within five days after notification by the City Clerk, the Council shall order and fix a day for holding a recall election in the City or district from which the official was elected at the next available municipal or state election held not less than forty-five (45) days after the certification by the City Clerk was presented to the Council for which the City can lawfully provide required notices to the election authorities without seeking a court order.

 

Sec. 429.8. Candidates to succeed official recalled.

 

Candidates to succeed any official whose removal is sought shall be placed in nomination by petition, signed, filed and verified as provided for nominating petitions for a primary election, except that each petition paper shall specify that the candidate named therein is a candidate to succeed the particular officer whose removal is sought.

 

Sec. 429.9. Ballots in recall election.

 

Ballots used at a recall election shall conform to the following requirements:

 

Shall (name of person) be removed from the office of (name of office) by recall?

 

The ballots used in voting upon any such ordinance, or part of an ordinance, shall provide the following options:

 

For the recall of (name of person)

Against the recall of (name of person)

 

Under the foregoing propositions shall appear the words candidates to succeed (name of person) if recalled, and beneath such words the names of candidates. The name of the person whose removal is sought shall not appear on the ballot as a candidate for the office subject to recall.

 

Sec. 429.10. Result of recall election.

 

Unless a majority of the votes cast on the question of recalling an official are for the officials recall, the official shall continue in office for the remainder of the unexpired term, and not subject to recall for six months. If a majority of votes are for the recall of the official, the official shall, regardless of any technical defect in the recall petition, be deemed removed from office forthwith. In case an official is removed from office by recall, the candidate to succeed such official who received the highest number of votes at the recall election, shall be deemed elected and shall serve for the unexpired term unless sooner removed.

 

Sec. 429.11. Election when an official resigns.

 

(a) Ballot language. If an official, for whose recall a notice has been filed with the City Clerk, and a petition for recall is filed within thirty days of the receipt, or for whose recall a petition is submitted to the Council, resigns within five days after the filing of the notice with the City Clerk (when followed within thirty days next thereafter by the filing of a petition for recall), or within five days after the submission of a recall petition to the Council, the election shall be held as hereinbefore provided, except that the propositions for and against the officials recall shall be omitted from the ballots and that above the names of the candidates shall appear the words, Candidates for office of (name of office) to succeed (name of person) resigned.

 

(b) Election required. No vacancy resulting from the resignation of an official, after the filing of a notice for recall, when following within thirty days by the filing of petition for the officials recall, shall be filled for the unexpired term by a majority vote of the City Council or of the remaining members of the Council, but the vacancy will be filled by election as hereinbefore provided.

 

Section 5. EMERGENCY RECOGNIZED. 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, and as such shall become effective immediately upon its passage.

 

____________________________________________________

 

Approved as to form and legality:

 

 

____________________________________

Assistant City Attorney