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Legislation #: 140029 Introduction Date: 1/9/2014
Type: Ordinance Effective Date: none
Sponsor: MAYOR JAMES, JR.
Title: Calling for submission to the voters of Kansas City, at a special election to be held on April 8, 2014, questions amending the Charter of Kansas City to modify the number of required City departments, change election dates and correct certain financial procedures and processes; to allow dismissal of the City Manager by the Mayor as well as by nine members of the City Council; and providing for submission of the annual budget by the City Manager to the Mayor and Council based on a required five year financial plan; and to eliminate at-large Council districts and provide for 12 Council districts; directing the City Clerk to notify the responsible election authorities of the election on or before January 28, 2014; and recognizing this ordinance to be an emergency measure within the City Charter because it calls an election.

Legislation History
DateMinutesDescription
1/9/2014 Filed by the Clerk's office
1/9/2014 Referred to Committee As A Whole
1/16/2014 Referred to Finance, Governance & Ethics Committee
1/22/2014 Hold Off Agenda

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ORDINANCE NO. 140029

 

Calling for submission to the voters of Kansas City, at a special election to be held on April 8, 2014, questions amending the Charter of Kansas City to modify the number of required City departments, change election dates and correct certain financial procedures and processes; to allow dismissal of the City Manager by the Mayor as well as by nine members of the City Council; and providing for submission of the annual budget by the City Manager to the Mayor and Council based on a required five year financial plan; and to eliminate at-large Council districts and provide for 12 Council districts; directing the City Clerk to notify the responsible election authorities of the election on or before January 28, 2014; and recognizing this ordinance to be an emergency measure within the City Charter because it calls an election.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. ELECTION CALLED. That an election is called on April 8, 2014, for the purpose of submitting to the voters of Kansas City amendments to the City Charter.

 

Section 2. NOTICE TO ELECTION AUTHORITIES BY CITY CLERK. That following passage of this ordinance the City Clerk shall deliver certified copies of this ordinance and notice of election 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, on or before January 28, 2014, 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, April 8, 2014, 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, APRIL 8, 2014

 

QUESTION NO. ___

(Elections / Organizational Flexibility)

 

Should the Charter of Kansas City be amended by moving election dates to early April and late June; commencing the next term of office and all those following on August 1 following the general election; removing the requirement that the current operational Charter departments be listed in the Charter but retained until modified by the City Council; establishing a Health Commission; modifying internal financial reporting and procedures; and providing for submission of the annual budget by the City Manager to the Mayor and Council based on a required five year financial plan, and to expressly permit the Mayor to work with other governments if the interests of the City can also be advanced?

 

_____ Yes

_____ No

 

 

QUESTION NO. ___

(Dismissal of the City Manager)

 

Should the Charter of Kansas City be amended by allowing the Mayor to dismiss the City Manager, as well as continuing to allow nine members of the City Council to dismiss the City Manager?

 

_____ Yes

_____ No

 

 

QUESTION NO. ___

(Council Districts)

 

Should the Charter of Kansas City be amended by eliminating at-large Council members and establishing 12 Council districts, effective with the next term?

 

_____ Yes

_____ No

 

 

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

 

A full and complete copy of this ordinance (as it may be 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 City of Kansas City, Missouri, this _____ day of January, 2014.

 

 

 

 

(SEAL) __________________________________

MARILYN SANDERS

City Clerk of Kansas City, Missouri

 

Before me, a notary public, personally appeared Marilyn Sanders, 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 THE CHARTER OF THE CITY OF KANSAS CITY – QUESTION 1 - ELECTIONS. If a majority of the voters favor Question 1 (Elections / Organizational Flexibility), then the following amendments to the Charter of the City of Kansas City will become effective May 1, 2014, which amendments shall read as follows:

 

BE IT ADOPTED BY THE PEOPLE OF KANSAS CITY:

 

That the Charter of the City of Kansas City is amended by repealing Sections 204, 206, 210, 602, 604, and 1309 of the City Charter, and enacting new Sections 204, 206, 210, 602, 604, and 1309 to read as follows:

 


Sec. 204. Qualifications for membership on the Council, including as Mayor.

 

To be elected or appointed to the Council, including as Mayor, a person shall meet the following requirements:

 

(a)                Qualified voter. Be a qualified voter of the City;

 

(b)               Taxpayer. Current on all city taxes or municipal user fees, as attested by the candidate to the City Clerk in a form prescribed by the Director of Finance;

 

(c)                Minimum age. Attained the age of twenty-five years before election day;

 

(d)               Residency.

 

(1)               Mayor. Resided a total of at least five years before election day, including the two years immediately prior to election day, in the territory embraced within the City limits.

 

(2)               Council members. Resided at least two years immediately prior to election day in the territory embraced within the City limits. Resided at least six months immediately prior to election day within the district from which elected.

 

(e)                Criminal record. Unless otherwise provided by law, no person shall have been found guilty, either after a trial or as a result of a plea of guilty or nolo contendere, of a felony or of any other act in another jurisdiction that would be a felony if committed in Missouri unless having been a qualified voter for five years next preceding election. No person having entered a plea of guilty or nolo contendere for which imposition of sentence has been suspended shall be qualified for service as a member of the Council, including as Mayor, unless the required period of probation has passed and the charges have been dismissed, or otherwise disposed.

 

(f)                Grounds for forfeiture of office. No person shall assume office as a member of the Council, including as Mayor, if any grounds for forfeiture of office as provided in this Charter exist. Failure to assume office on August 1 or within fifteen days of being elected at a special election or appointed to office will result in the office to which elected or appointed being deemed vacant.

 

Sec. 206. Term of office.

 

(a) Length of term. All members of the Council, including the Mayor, will serve a term of four years, commencing August 1 following their election.

 

(b)               Term limits.

(1) Mayor. No person shall be elected Mayor who has been elected Mayor in each of the last two regular municipal elections.

 

(2) Member of the Council. No person shall be elected a member of the Council who has been elected to the Council in each of the last two regular municipal elections.

 

(3) Retroactive application. Persons elected as a member of the Council or as Mayor prior to the date this Charter amendment becomes effective are included within the term limits established by this section.

 

Sec. 210. Meetings.

 

(a)                Initial meeting. An initial meeting of the Council shall be held at 10:00 a.m. on August 1, following each regular municipal election, unless August 1 falls on Sunday, then the meeting shall be held on August 2.

(b)               Sessions of the Council. After the initial meeting, the Council shall meet in regular session at times designated by ordinance, unless the meeting is dispensed with by the Council. On written request of the Mayor, or three or more members of the Council, the City Clerk will call special sessions in the manner prescribed by ordinance. The Council shall have the same power to transact business at special sessions as at regular sessions.

 

(c) Record of the Council. It shall be the duty of the City Clerk to cause a correct abstract of the proceedings of each meeting of the Council to be prepared and published promptly for access to the residents of the City. If the Council shall at any time authorize the publication of a daily or weekly record or other similar City publication, whether in print, electronic or other form, such abstract or the full proceedings may be published in such record in lieu of newspaper publication.

 

Sec. 602. Nominations – primary election.

 

(a) Filing period. A person may submit to the City Clerk or election authorities a nominating petition at least twelve weeks prior to the date of the primary election. The election authorities shall examine the petitions immediately as to their sufficiency and shall publish a notice as required by law.

 

(b) Required signatures. The following number and source of signatures are required to qualify for the primary ballot:

 

Mayor no less than 1,000 nor more than 2,500 registered voters of the City

 

Council member at-large no less than 500 nor more than 1,500 registered voters of the City

 

District Council member no less than 300 nor more than 750 registered voters of the district

 

(c) Nominating petition requirements.

 

(1) Multiple pages. Signatures to a nominating 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 circulator’s presence and is the genuine signature of the person whose name it purports to be.

 

(2) 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.

 

(3) No embellishment of nominating petition. A nominating petition shall not include any political party or other designation.

 

(4) Form of petition. The City Clerk shall provide form nominating petition papers.

 

(5) Verification of signatures. If necessary, no later than the Thursday following the close of the filing period the City Clerk will distribute nominating petitions to the appropriate election authorities for verification of signatures. Election authorities will return to the City Clerk nominating petitions showing valid and invalid signatures with a count of valid signatures.

 

(d) Primary ballot.

 

(1) Determination of signature threshold. The City Clerk will total the number of valid signatures reported by each election authority for each person to determine compliance with the requirement for valid signatures. Persons who submit a nominating petition to the City Clerk with the required signatures will be placed on the primary ballot for the office designated in the petition.

 

(2) One office. A person may be on the City primary ballot seeking only one office.

 

(3) Submission of information to election authorities. The City Clerk will prepare the appropriate documents for submission to the election authorities setting forth those persons to be placed on the primary ballot as soon as possible.

 

Sec. 604. Election dates.

 

(a) Regular elections. The City will hold a primary election on the first Tuesday after the first Monday of April, and a general election eleven weeks after the primary election. The next primary election will be held on April 7, 2015, and every four years thereafter.

 

(b) Special elections. The City may call special elections for any lawful purpose as provided by state law.

 

(c) Alternate election dates. If authorized by state law, the Council may change the dates for regular elections.

 

Sec. 1309. Transition of directors and certain officials.

 

(a) Directors and other appointees. Directors and other appointees of the Mayor and Council, and the City Manager shall continue in office.

 

(b) Internal Auditor. The current Internal Auditor shall be deemed appointed by the City Manager upon the effective date of the elimination of the Internal Audit function as a Charter department.

 

(c) Departments and offices. All departments and offices shall continue to exist until changed in accordance with this Charter or the ordinances of the City.

 

(d) Elected officials. Terms of office for the Mayor, members of the Council, and judges of the Kansas City Municipal Division of the Circuit Court serving on April 30, 2015, are recognized to end August 1, 2015.

 

Section 5. AMENDMENTS TO BECOME THE CHARTER OF THE CITY OF KANSAS CITY – QUESTION 1 – ORGANIZATIONAL FLEXIBILITY. If a majority of the voters favor Question 1 (Elections / Organizational Flexibility), then the following amendments to the Charter of the City of Kansas City will become effective May 1, 2014, which amendments shall read as follows:

 

BE IT ADOPTED BY THE PEOPLE OF KANSAS CITY:

 

That the Charter of the City of Kansas City is amended by repealing Sections 207, 209, 220, 401 through 414, 503, 803 through 805, 815, 818, 836, 837, 903 and 909 of the City Charter, and enacting new Sections 207, 209, 220, 401 through 405, 417, 503, 803 through 805, 808, 815, 818, 836, 837, 903, 909, 1011, and 1146 through 1151(Article XI Division 6) to read as follows:

 

Sec. 207. Forfeiture of office.

 

(a) Required forfeiture of office. A member of the Council, including the Mayor, shall forfeit office if the member:

 

(1) Is appointed to or holds any other office under the City; or

 

(2) Becomes an employee of the City in any other capacity whatever; or

 

(3) Holds any elective office under the United States or the State of Missouri, or of any subdivision or public corporation of or under either of them;

 

(4) Changes residency from the district from which elected, unless the change in district is the result of redistricting during a term of office; or

 

(5) Fails to possess the qualifications specified in this Charter to be elected to office; or

 

(6) Is absent from ten consecutive regular meetings of the Council unless such absence be authorized by the Council.

 

(b) Service on boards or commissions. Service on any board or commission rendered as a function of the Mayor’s or Council member’s election to municipal office shall not be considered grounds for forfeiture, but will be considered a responsibility of holding municipal office.

 

Sec. 209. Duties and authority of the Mayor.

 

(a) Duties.  The Mayor will:

 

(1)               Official head of the City. Be recognized as the official head of the City for all purposes, except as provided otherwise in this Charter. As official head of the City the Mayor may do all things reasonably necessary or desirable to support other types of government entities, including but not limited to county, educational, library, and economic development institutions, in meeting their public purposes when such support and cooperation may also further the mission and powers of the City.

 

(2)               State of the City address.  Deliver on an annual basis an address reporting upon the state of the City and making recommendations on goals for the City and proposals for achieving such goals.

 

(3)               Appointment of boards and commissions.  Appoint all members of boards and commissions except when provided otherwise in this Charter or by statute, and except for members of a Public Improvement Advisory Committee and Neighborhood Tourist Development Fund, so long as they exist, who will be appointed as provided by ordinance.

 

(4)               Preside over meetings of the Council.  Preside over all meetings of the Council when in attendance.

 

(5)               Mayor pro tem.  Appoint one member of the Council as Mayor pro tem to serve as Mayor, including to preside over meetings of the Council at which the Mayor does not attend, during the absence or disability of the Mayor, and if a vacancy in the office of Mayor occurs, pending the selection of a successor.  The Mayor pro tem shall serve at the pleasure of the Mayor.

 

(6)               Committee membership.  Appoint the members of Council committees, including officers of the committees, to serve at the pleasure of the Mayor.

 

(b) Parole and pardon. The Mayor shall have the authority, upon the written recommendation of the Director of the department overseeing municipal corrections, to parole any person convicted in the municipal division, or upon appeal, under such regulations as may be provided by ordinance. The Mayor shall have authority to pardon any person convicted in the Kansas City Municipal Division or upon appeal, under such regulations as may be provided by ordinance.

 

(c) General power and authority.  The Mayor will perform all other duties consistent with the office and required by law.

 

(d) Service of process.  Service of all civil process, judicial writs and legal notices running to the City of Kansas City, may be had upon the Mayor or in the Mayor’s absence or disability upon the Mayor pro tem. The Mayor may, by written authority filed with the City Clerk, authorize such service upon the City Attorney.

Sec. 220. Authority and duties of City Manager.

 

(a) Duties. The City Manager shall perform the following duties:

 

(1) Chief administrative officer. Supervise the administration of the affairs of the City as the City’s chief administrative officer;

 

(2) Enforcement of laws. See that the ordinances of the City and applicable State and federal laws are followed and enforced;

 

(3) Recommendations to Mayor and Council. Make such recommendations to the Mayor and Council concerning the affairs of the City as may seem to the City Manager desirable;

 

(4) Budget. Present to the Mayor and Council an annual budget based upon a five year financial plan enacted by the Mayor and Council.

 

(5) Inform Mayor and Council of City’s financial condition and needs. Keep the Mayor and Council advised of the financial condition and future needs of the City;

 

(6) Budget estimates. Prepare and submit to the Council budget estimates;

 

(7) Reports to the Mayor and Council. Prepare and submit to the Mayor or Council such reports as may be required by them; and

 

(8) Other assigned duties. Perform such other duties as may be prescribed by this Charter, be required of the City Manager, or be required of the City Manager by ordinance or resolution of the Council.

 

(b) Right in Council. The City Manager shall be entitled to a seat in the Council but shall have no vote. The City Manager shall have the right to take part in the discussion of all matters coming before the Council.

 

(c) Execution of contracts. The City Manager is authorized to execute any City contract regardless of the department of origin.

 

(d) Delegation. The City Manager and any other officer, or officers, are hereby authorized to exercise and perform any of their powers or duties through any other qualified City employee.

 

Sec. 401. Departments and offices established.

 

(a) Establishment of departments. The City Council will provide for departments or offices for the effective and efficient operation of City government.

 

(b) Departments required. To insure the adequate and appropriate support of the functions of the City there shall exist the following departments as provided in this Charter:

 

(1)               Finance Department under the direction of a director of finance/chief financial officer;

 

(2)               Human Resources Department under the direction of a director of human resources; and

 

(3)               Law Department under the direction of a city attorney.

 

(4)               To reflect the unique nature of the management of the parks and boulevard systems there shall be a Parks and Recreation Department under the supervision of the Board of Parks and Recreation Commissioners and under the management of a Director of Parks and Recreation as provided in Article X of this Charter.

 

(c) Functions required. In addition to the specific departments required by this Charter, the following functions shall be assigned to appropriate departments or offices of the City:

 

(1) Aviation. Manage and operate all current and future airports and associated activities.

 

(2) Contracting processes. Development and maintenance of programs designed to fairly address access to City and City-related contracts.

 

(3) Emergency services. Provide the following emergency services:

 

(A)             Fire protection.

 

(B) Emergency medical services.

 

(C) Hazardous materials regulation and clean-up.

 

(D) Rescue services.

 

(4) Neighborhoods. Development and maintenance of healthy neighborhoods.

 

(5) Public health. Preservation and promotion of the public health, including at least the following:

 

(A)             provision of indigent health care;

 

(B)              control and mitigation of disease;

 

(C)              relief from distress caused by disaster or acts of terrorism;

 

(D)             abatement or removal of nuisances, including the assessment and collection of such costs as a special tax and lien against the property as provided by ordinance;

 

(E)              engagement with the community in developing public health policies; and

 

(F)               in furtherance of these functions persons may enter all property necessary to enforce all laws relating to public health.

 

(6) Public infrastructure. Provide for the following:

 

(A) Design, construction, repair, maintenance, and providing for the safe and clean operations of all pavements, curbs, streets, alleys, sidewalks, public ways, municipal buildings, bridges, viaducts, subways, canals, waterways, levees, tunnels and structures, including alterations, replacements, additions and appurtenances.

 

(B) Lighting of public grounds and highways, laying of conduits, the location, erection and construction of poles and all structures in, on or over public grounds and highways, and granting permits to excavate into or disturb any street or public property.

 

(7) Water services. Provide for systems to make available the following services:

 

(A)             Waterworks.

 

(B)              Sewerage.

 

(C)              Storm water collection and protection.

 

(D)             All revenues derived from the operation of any waterworks, sewerage or storm water system operated by the City shall be segregated from all other revenues or funds of the City, and shall be devoted to the following:

 

(i)                 payment of the expenses of operating and maintaining such system;

 

(ii)               payment of any and all bonds or other obligations payable from such revenues;

 

(iii)             establishment of a proper depreciation reserve for the benefit of such system;

 

(iv)             fulfillment of any covenants or agreements contained in any ordinance which may have authorized outstanding revenue bonds issued for the benefit of such system; and

 

(v)               payment of the cost of improvements, enlargements and extensions to such system.

 

(d) Organization of departments. The Council, City Manager, or department directors may establish divisions or other units within departments.

 


Sec. 402. Delegation of duties and rulemaking authority.

(a) Delegation – between departments. Except for the Finance and Law Departments, the Council may delegate to the City Manager the authority to transfer obligations of departments between departments to provide for greater efficiency and effectiveness of the City’s workforce.

 

(b) Delegation by directors. A Director is authorized to exercise and perform any of their powers or duties through any other City employee, including qualified City employees of other departments with the permission of the employees’ Director.

 

(c) Rulemaking. A Director shall have power to prescribe rules and regulations for the conduct of the officers and employees of the department; for the distribution and performance of its functions and business; for the efficient operation of its functions and business; and for the custody and preservation of the books, records, papers and property under the Director’s control.

 

Sec. 403. Finance.

 

(a) Duties. There will exist a Finance Department, under the supervision of a Director of Finance, to administer the financial affairs of the City, including:

 

(1) Accounts and financial records. Maintain and supervise all accounts and financial records and prepare periodic and annual financial reports;

 

(2)               Collection, custody and disbursement of funds. Manage the collection, custody, investment and disbursement of all City monies and taxes, however, the Council may authorize the keeping of utility accounting records by any department operating as a public utility, and may authorize the collection by any such department of all monies due the City from the operation of any such utility;

 

(3)               Business licenses. Issuance of business or occupational licenses;

 

(4)               Expenditure control. Control over expenditures;

 

(5) Debt management. Supervision and management of the issuance of debt by the City; and

 

(6) All other assigned duties. Perform such other duties as may be prescribed by law.

 

(b) Appointment. The Director of Finance shall be appointed by the City Manager based on executive ability, qualifications and experience in finance and accounting.

 


Sec. 404. Human Resources.

 

(a) Duties. There will exist a Human Resources department, under the supervision of a Director of Human Resources, to perform the following duties:

 

(1)               Human Resources planning. Develop a Human Resources plan for the City, including the establishment of rules, subject to City Manager approval, on classification of positions, performance standards, eligibility requirements, hiring, compensation, disciplining, training and development, and record-keeping;

 

(2)               Classify positions. Classify all positions in the classified service based upon and graded according to duties and responsibilities and so arranged as to allow the filling of higher grades through promotion;

 

(3)               Maintain records. Keep records of efficiency and seniority of all officers and employees of the classified service;

 

(4)               Recruitment and hiring. Assist in the recruitment and hiring of employees to the classified service, and upon request of the City Manager, the unclassified service;

 

(5)               Training. Provide training and assistance in areas of Human Resources management;

 

(6)               Employee discipline. Insure that employee discipline is administered fairly and appropriately;

(7)               Investigations. Make investigations to ascertain whether provisions of the Human Resources system and rules of the department are being executed, to ascertain the general condition and efficiency of the service of the City;

 

(8)               Recommendations to improve efficiency. Recommend standards of efficiency and recommend to the City Manager and Council measures for coordinating the operation of the various departments and for increasing individual, group or departmental efficiency; and

 

(9)               Other assigned duties. Perform such other duties as may be prescribed by law.

 

(b) Appointment. The Director of Human Resources shall be appointed by the City Manager based on executive ability, qualifications and experience in human resources management.

 


Sec. 405. Law.

 

(a) Duties. There will exist a Law Department, under the supervision of the City Attorney, to perform the following duties.

 

(1) Manage litigation. Direct the management of all litigation in which the City is a party or is interested;

 

(2)               Representation of the City. Represent the City in all legal matters and proceedings in which the City is a party or interested;

 

(3) Prosecution of ordinance violations. Represent the City in the prosecution of all ordinance violations;

 

(4) Counsel to officials. Advise the Mayor, Council or any committee or member thereof and the City Manager, heads of all departments, boards, commissions and offices concerning any legal questions affecting the City's interest;

 

(5) Contract approval. Approve, as to form, all contracts, deeds, bonds and other documents to be signed in the name of, or made to, or with the City, unless excused by ordinance;

 

(6) Review initiative petitions. When requested by a committee of petitioners providing a copy of a petition to be distributed, review a petition for initiative to provide comments on the lawfulness of the proposed legislation and the petition. An initial review should be completed within thirty days, and any subsequent reviews within fifteen days; and

 

(7) All other assigned duties. Perform such other duties as the Council may by ordinance or resolution require.

 

(b) Appointment. The City Attorney shall be appointed by the City Manager and be an attorney licensed to practice law in the State of Missouri.

 

(c) Assistants. The City Attorney may act through assistants, and shall, in accordance with the personnel rules and regulations of the City, appoint Assistant City Attorneys as may be authorized by ordinance.

 

(d) Removal. The City Attorney may be removed by the Mayor and Council upon the recommendation of the City Manager.

 

Sec. 417. Public Health Matters

 

It is recognized that there will always be concern for the public health of all residents, neighborhoods, and visitors to the City. The Council shall provide by ordinance for at least one department whose duties include, in whole or in part, protecting the public health. Ordinances shall, without limitation, provide for the enforcement of laws and regulations preserving and promoting the public health, including the lawful authority to enter property, identify and abate public nuisances, and engage with other entities to promote plans and programs to protect and improve the public health.

 

Sec. 503. Ordinances, when effective.

 

(a) Emergency ordinances and resolutions.

 

(1) Effective date. Emergency ordinances and resolutions shall take effect immediately following approval by the Mayor, or five days after passage if no action is taken by the Mayor to approve or veto the ordinance or resolution.

 

(2) Emergency declared. An ordinance declaring an emergency is an ordinance which in whole or in part is passed by the affirmative vote of nine members of the Council for the immediate preservation of the public peace, property, health, safety or morals, in which the emergency is set forth and defined in a preamble to the ordinance.

 

(3) Emergency recognized. An ordinance recognizing an emergency is an ordinance which in whole or in part falls within any of the following categories and is recognized in the ordinance as an emergency:

 

(A) Elections. Calls any election, or providing for the submission of any proposal to the people;

 

(B) Expenses of government. Makes an appropriation for the payment of principal or interest of the public debt, or for current expenses of the City government;

 

(C) Appropriation of money. Appropriates money;

 

(D) Public improvements. Relates to any public improvement to be paid for by special assessment, or to be paid wholly or in part by State or federal funds, or to any contract relating to the design, repair, maintenance or construction of a public improvement;

 

(E) Interfund borrowing. Authorizes borrowing of money from one fund of the City to another in anticipation of future revenue;

 

(F) Fixing interest rates. Fixes the interest rates on bonds;

 

(G) Setting annual property tax levy rates. Setting the annual levy rates for taxation of real and tangible personal property;

 

(4) Emergency prohibited. No ordinance granting, enlarging or affecting any franchise or amending or repealing any ordinance adopted by the people under the initiative shall be an emergency measure.

 

(b) All other ordinances.

 

(1) Effective date. All other ordinances shall take effect ten days after the date of passage, unless a later date is provided in the ordinance, or unless the ordinance is vetoed, or reconsideration is requested by the Mayor. Failure of the Mayor to approve, veto or request reconsideration of an ordinance and return it to the Clerk within seven days will be deemed an approval of the ordinance without the approval of the Mayor.

 

(2) Exception - Referendum. An ordinance shall not take effect 10 days after the date of passage or on the date provided in the ordinance if within ten days after the passage of the ordinance a notice 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 any such ordinance, or any part thereof, to the electors, is filed with the City Clerk. The ordinance shall, subject to the provisions of this Charter relating to the referendum, take effect 40 days from the date of its passage unless a later effective date be fixed in such ordinance.

 

Sec. 803. Annual budget requests.

 

(a) Budget requests. Each year, the head of each department under the City Manager and each department, board, commission and office not under the City Manager shall submit to the City Manager requests for appropriations necessary to fulfill the needs of the department, board, commission or office for the ensuing fiscal year.

 

(b) Basis for requests. Requests shall be based upon carefully prepared estimates of work to be performed and costs and expenses to be incurred. Requests and estimates of work to be performed shall be submitted in a form prescribed by the City Manager.

 

(c) Uniform classification. The classification of requests as to purposes of expenditure shall be as nearly uniform as possible for each function and activity and itemized, in a form prescribed by the City Manager.

 

Sec. 804. Annual budget.

 

(a) Submission by City Manager. An annual budget shall be prepared for submission to the Mayor and City Council no later than the second regular meeting of the City Council in February by the City Manager based upon a five year financial plan adopted by the Mayor and Council.

 

(b) Items included. The annual budget shall present the following information for each budgeted fund:

 

(1) Revenues. An itemized statement of estimated revenues to be realized in cash from all sources for the year which the budget is to cover, together with a comparative statement of estimated cash receipts for the current fiscal year and actual cash receipts for the two fiscal years next preceding the current fiscal year.

 

(2) Appropriations. An itemized statement of appropriations recommended by the Mayor for the ensuing year, with a comparative statement of estimated expenditures for the current fiscal year and actual expenditures for the two fiscal years next preceding the current fiscal year

 

(3) Additional information. Such other information as may be required by ordinance.

 

(c) Multi-year budget. In the event multi-year budgeting is authorized under State law, the Council may adopt by ordinance procedures to implement multi-year budgeting.

 

(d) Five year financial plan. The annual budget shall be based upon a five year financial plan adopted by the Mayor and City Council by October 1 of each year and including those priorities established by the Council by ordinance. The Council is authorized to vary the term of the financial plan by ordinance.

 

Sec. 805. Adoption of budget.

 

(a) Council review of the proposed budget. Upon receipt of the annual budget, the Council shall review the budget to determine the need for the expenditures requested and the adequacy, reliability and propriety of estimated revenues. The review will include hearings with the City Manager and department officers. At the completion of this review, the Council shall hold at least one public hearing on the budget.

 

(b) Council modifications. Following public hearings, the Council may increase or decrease the amount of, or eliminate any appropriation requested by the Mayor, and may add appropriations other than those included in the budget submitted by the Mayor.

 

(c) Report. Upon completion of its review of the budget, and in any case not later than the first regular meeting in March, the Council shall place on file in the office of the City Clerk a copy of the document to be considered and shall set a date for a public hearing thereon, but in no case later than the second regular meeting in March.

 

(d) Adoption of the budget. At the fourth regular meeting in March the Council shall by ordinance adopt the annual budget in detail specified below, with or without alteration or amendment.

 

(e) Budget requirements and appropriations. The budget as adopted shall itemize purposes of expenditure by departments, activities, functions, and character classes in not less detail than personal services, contractual services, commodities and capital outlays, and as adopted shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriation and authorization of the amount to be raised by taxation for the purposes of the City, provided that the total amount appropriated shall not in any event exceed the total revenues estimated to be realized in cash during such year, plus any unencumbered balance from previous years.

 

(f) Limitations on expenditures. No officer, board, department or commission shall, during any fiscal year, spend any money, incur any liability, or enter into any contract which by its terms incurs the expenditure of money for any purpose for which no appropriation is provided, or is in excess of the amount appropriated for any purpose. Any officer, head of any department, or the members of any board or commission violating this provision shall be immediately removed from office by the appointing authority.

 

(g) Appropriation ordinances and establishment of tax levies. The appropriation ordinance shall contain a statement of the estimated revenues for the ensuing fiscal year. Whenever practicable, ordinances fixing the tax levies shall be passed at the time the annual appropriation ordinance is passed, but no later than the fourth regular meeting in March. The Council may pass ordinances making additional appropriations after the passage of the annual appropriation ordinance, provided that such ordinances bear the certificate of the Director of Finance that a sufficient unappropriated balance remains in the fund from which the appropriation is to be made in accordance with the provisions of this Charter.

 

(h) Bond funds. Monies of bond funds shall be appropriated only for the purposes for which the bonds were authorized and issued, and at such times as the funds may be needed for those purposes.

 

(i) Alteration of dates and deadlines. The Council may change the dates for the elements of the budget adoption process and for the passage of the annual appropriation and tax levy ordinances. The annual budget shall be adopted and the annual appropriation and tax levy ordinances shall be passed not later than thirty days before the beginning of the fiscal year.

 

(j) General fund. All general revenue receipts, not including receipts from special assessments or other levies for particular purposes as in this Charter specified, shall be credited to the general fund.

 

Sec. 808. Contingent appropriation.

 

The annual appropriation ordinance shall contain an appropriation amounting to not less than one or more than three percent of the estimated general fund revenues as a contingent appropriation. In case of emergency the director of any department may make written request for a transfer from the contingent appropriation, stating the facts constituting such emergency and needs in detail. Such request shall be presented to the City Manager, who shall forward it to the council if it meets with the City Manager’s approval, or the City Manager may recommend to the council a transfer of a less amount than that requested by the department director. The council may transfer to departments from the contingent appropriation for such emergency needs, not to exceed the amounts recommended by the City Manager.

 

Sec. 815. Lien of taxes and assessments.

 

Unpaid taxes and special tax bills representing assessments provided for upon real property are perpetual liens thereon against all persons unless otherwise provided by law, including by ordinance.

 

Sec. 818. Abatement and reduction in valuation.

 

Once levied or issued, no general or special tax or assessment, or valuation or interest or penalty thereon, shall be remitted or abated, or the right to enforce payment thereon be released, except in correction of a clerical error or as otherwise provided by law, including by ordinance.

 

Sec. 836. Audits.

(a) Annual audit. The Council shall annually provide, through the City Manager or any other official designated by the Council for this purpose, for an independent certified audit of the City's books and records for the current fiscal year be made by certified public accountants, experienced and qualified in municipal and governmental auditing. Each such audit shall be conducted in conformance with generally accepted auditing standards. The accountants shall certify as to the correctness of the schedules contained in the audit report, and all certified schedules shall be incorporated in an annual report of the Director of Finance.

 

(b) Selection of Financial Auditor.

 

(1) Recommendation to the Council. The financial auditor will be selected through a competitive process, as conducted by the Director of Finance.

 

(2) Approval by Council. Before a contract is executed by the City Manager, or any other official designated by the Council for this purpose, with the financial auditor, a firm will be approved by the City Council Committee designated to oversee financial matters for the City. No external financial audit contract will exceed five years in its term. Succeeding contracts with the same firm will require a rotation of partners.

 

(c) Audit Reporting. The results of the annual audit will be presented to the City Council Committee designated to oversee financial matters.

 

(d) Special audits. The Council may at any time by ordinance provide for a special audit of the accounts of any officer or department of the City, to be performed by certified public accountants or by the City Auditor.

 

(e) Use of generally accepted accounting principles. The basis of accounting for preparation of the annual audit shall be in accordance with generally accepted accounting principles. The financial statements will be prepared on an annual basis in conformance with generally accepted accounting principles unless the Council increases the frequency of reporting.

 

Sec. 837. Monthly reports.

 

(a) Reports prepared. The Director of Finance shall submit to the City Manager and to the Council not later than twenty days after the close of each month, a financial report on the financial condition of the City as of the last day of each month.

 

(b) Distribution of reports. The report shall be disseminated to the City Manager and the Council, in a form and manner as prescribed by the Director of Finance.

 

(c) Statement of revenues. The statement of revenues shall be so classified as to show actual cash collected. It shall also show cash collected during the preceding fiscal year.

 

(d) Statement of expenses. The statement of expenses shall be so classified as to show actual cash expenditures, and expenses incurred but not paid. It shall also show cash expenditures for the same period during the preceding fiscal year.

 

Sec. 903. The unclassified service.

 

The unclassified service shall comprise:

 

(a) All persons filling elective office;

 

(b) The City Manager and Assistant City Managers;

 

(c) Directors of each department, including the Director of Parks and Recreation, and their Deputy Directors, but excluding the Court Administrator;

 

(d) Members of all boards and commissions;

 

(e) The executive secretary to the City Manager, Assistant City Managers, and Mayor and one secretary for each department Director;

 

(f) The City Clerk and Deputy City Clerk;

 

(g) The City Auditor, Deputy City Auditor and Internal Auditor;

 

(h) Contract employees, who must be serving to fill only a temporary need;

 

(i) Persons employed to make or conduct a special inquiry, investigation, examination or installation, if the Council or the City Manager certifies that such employment is temporary, and that the work should not be performed by employees in the classified service;

 

(j) Assistants to elected officials not otherwise members of the classified service; and

 

(k) Persons directly reporting to the department director or persons who directly report to those persons, commonly known as division managers but by whatever title denominated, if designated by ordinance as unclassified, and if not a member of a recognized bargaining unit.

 

Sec. 909. Candidacy for office.

 

(a)                Mayor and Council members may not serve in a second municipal position. No person elected to the Council shall, during the time for which elected, be appointed to any other office or position created by the Charter in the service of the City.

 

(b) Inconsistent offices. No member of the City Council, including the Mayor, appointive officer or employee of the City may hold an office inconsistent with the person’s municipal duties.

 

Sec. 1011. Parks and Recreation Department.

 

(a) Duties. There will exist a Parks and Recreation Department. The Parks and Recreation Department shall be under the direct control of a Board of Parks and Recreation Commissioners, who shall employ a Director of Parks and Recreation to perform the following duties, when not otherwise assigned:

 

(1) Management of park system. Plan, develop, extend, maintain and operate a system of public parks, parkways, boulevards, and facilities for the use of the City and its inhabitants;

 

(2) Recreational programs. Operate and regulate public playgrounds, swimming pools, athletic fields, community centers and other recreational facilities for games, sports and recreational activities.

 

(3)               Other assigned duties. Perform such other duties as may be prescribed by law.

 

(b) Appointment. The Director of Parks and Recreation shall be appointed by the Board of Parks and Recreation Commissioners based on executive ability, qualifications and experience in parks and recreation administration. The Director’s salary will be established by the Board within the scope of authorized ranges for other department directors of the City. Salary ranges for all other employees assigned to the Department will be established in the same manner as ranges for all other employees of the City are established.

 

(c) Public works functions. Unless otherwise provided, the Parks and Recreation Department shall perform the functions of the Director of Public Works for all buildings or facilities, boulevards, parkways and other streets under the jurisdiction of the Parks and Recreation Department.

 

ARTICLE XI. BOARDS AND COMMISSIONS
DIVISION 6. HEALTH COMMISSION

 

Sec. 1146. Commission Established.

 

(a) Size. There shall be a Health Commission appointed by the Mayor.

 

(b) Chair. The Mayor shall appoint two Commission co-chairs, one of whom will be a Council member serving on a City Council Committee that oversees health issues. The City Manager shall appoint a third co-chair. A vice chair will be selected by a majority vote of the Commission.

 

(c) Terms.

 

(1) Members. Members shall serve a term of three years.

 

(2) Co-chairs. The co-chair who is not a Council member will serve as co-chair for two years. The Council member co-chair will serve at the pleasure of the Mayor.

 

(3) Vice chair. The term of office of the selected vice chair shall be two years. The vice chair may be selected for one additional consecutive two year term, dependent upon that person’s reappointment by the Mayor to the Commission.

 

Sec. 1147. Duties.

 

The Commission may do the following:

 

(1) Community planning. Advise the Mayor, Council and City Manager on the ongoing development, implementation and evaluation of a Community Health Improvement Plan and Community Health Assessment;

 

(2) Identification of necessary services. Recommend to the Mayor, Council and City Manager plans, processes or policies designed to provide necessary services to residents and visitors;

 

(3) Prevention and risk reduction. Recommend to the Mayor, Council and City Manager prevention and risk reduction strategies;

 

(4) Health care system improvements. Recommend to the Mayor, Council and City Manager systemic modifications that may result in increased access to the health care system and improved care;

 

(5) Contemplation of new risks. Recommend to the Mayor, Council and City Manager the policies, resources, and infrastructure to prepare for and respond to existing and new public health and health care concerns;

 

(6) Health as a human service. Cooperate with the Mayor, Council and City Manager to identify and implement policies reflecting good health as a basic human service;

 

(7) General advice. Advise the Mayor, Council, and City Manager on all other public health matters and policies;

 

(8) Community partnerships. Recommend to the Mayor, Council and City Manager city-wide collaboration and partnership of organizations and individuals to work together to build a healthier community;

 

(9) Legislation. Recommend to the Mayor, Council and City Manager municipal, state, and federal legislation to advance the public health; and

 

(10) Additional functions. Perform additional functions as requested by the Mayor and Council, or the City Manager.

 

Sec. 1148. Commission Committees; by-laws.

 

The Commission shall establish committees and by-laws to fulfill its purpose.

 

Sec. 1149. Removal of Commissioners.

 

The Mayor may remove a commissioner.

 

Sec. 1150. Annual Report to the Mayor, Council and City Manager.

 

The Health Commission shall provide an annual report of Health Commission activities to the Mayor, Council, and City Manager. The annual report shall be provided no later than the end of February of the following calendar year.

 

Sec. 1151. Staff Services.

 

The Director of Health, or director of the department to which public health matters are assigned, shall provide clerical and administrative services to the Health Commission. For purposes of meetings of the Commission or any of its committees, this director shall have the right to attend and to participate in debate and discussion of the Commission or committee. The director may delegate these duties.

 

Section 6. AMENDMENTS TO BECOME THE CHARTER OF THE CITY OF KANSAS CITY – QUESTION 2 – DISMISSAL OF THE CITY MANAGER. If a majority of the voters favor Question 2 (Dismissal of the City Manager), then the following amendment to the Charter of the City of Kansas City will become effective May 1, 2014, which amendment shall read as follows:

 

BE IT ADOPTED BY THE PEOPLE OF KANSAS CITY:

 

That the Charter of the City of Kansas City is amended by repealing Section 218 of the City Charter, and enacting a new Section 218 to read as follows:

 

Sec. 218. City Manager.

 

(a)                Qualifications and duties. The City Manager shall be the chief administrative officer of the City. The City Manager shall be chosen solely on the basis of executive and administrative qualifications. Neither the Mayor, nor any member of the Council, shall be chosen as City Manager during the term for which the official was elected.

 

(b) Appointment. The Mayor and Council shall jointly conduct a search or recruitment for a City Manager upon terms agreed upon by the Mayor and Council. Upon completion of this process the Mayor shall be responsible for submitting a resolution to the Council for the appointment of a City Manager. If an appointment is not approved, the Mayor may submit another person for consideration, or may ask that a search or recruitment process begin anew.

 

(c) Term. The City Manager shall serve at the pleasure of the Mayor and Council.

 

(d) Compensation. The Mayor may fix the compensation of the City Manager, subject to ratification by a vote of at least six additional members of the Council.

 

(e) Suspension or permanent removal from office.

 

(1) Mayor. The City Manager may be suspended with or without pay or removed from office by the Mayor and shall be notified in writing of such suspension or removal from office, with a copy provided to the City Clerk and each member of the City Council.

 

(2) Council. By a vote of nine members of the Council, not including the Mayor, the City Manager may be removed from office and shall be notified in writing of such suspension or removal from office by no later than the next business day following the Council’s action.

 

(3) Suspension and/or removal final. The suspension or removal of the City Manager shall be final and not subject to review.

 

(4) Ministerial actions. Any actions required of the Council to implement the suspension or removal of the City Manager, such as the appropriation of funds, are ministerial actions and not discretionary.

 

(f) Temporary appointment. In case of resignation, disability, suspension or removal from office of the City Manager, the Mayor shall designate some qualified person to temporarily perform the duties of the office and the appropriate compensation to be paid that person, subject to ratification by a vote of at least six additional members of the Council. In all other instances of the temporary absence of the City Manager, the City Manager shall designate an acting City Manager.

 

Section 7. AMENDMENTS TO BECOME THE CHARTER OF THE CITY OF KANSAS CITY – QUESTION 3 – COUNCIL DISTRICTS. If a majority of the voters favor Question 3 (Council Districts), then the following amendments to the Charter of the City of Kansas City will become effective May 1, 2014, but as further provided by Section 10 of this ordinance, which amendments shall read as follows:

 

BE IT ADOPTED BY THE PEOPLE OF KANSAS CITY:

 

That the Charter of the City of Kansas City is amended by repealing Sections 201, 203, 205, 602, 605, 730 and 1204 and enacting new Sections 201, 203, 205, 602, 605, 730 and 1204 to read as follows:

 

Sec. 201. Establishment of the City Council.

 

There will be a City Council of thirteen members, including the Mayor, elected as follows:

 

(a) Mayor. The Mayor shall be elected by the qualified voters of the City at large.

 

(b) Council member. One member residing in and elected from each of twelve Council districts.

 

Sec. 203. Council districts.

 

(a)  Twelve districts required. For the purpose of electing members of the Council, the Council shall divide the City into twelve districts, substantially equal in population.

 

(b)               Redistricting. The Council shall draw new districts, based upon the last official federal census, not later than the last day of December of the year of the publication of the official federal census.

 

(c)                Expanded City limits. Whenever the City limits are expanded, the area newly included within the City shall be a part of the Council district to which it is contiguous.

 

Sec. 205. Salary.

 

(a) Establishment of salary. The salary of the Mayor and members of the Council shall be established by the Council, and may not be reduced or increased during any term. The salary for all members of the Council, except the Mayor, shall be identical. The Council may provide an additional amount to the Mayor pro tem reflecting the additional duties and responsibilities assumed by that member.

 

(b) Forfeiture of salary. The Council may provide for the forfeiture of salary of members failing to attend regular meetings of the Council when not absent due to City business, illness or other authorized reason.

 

Sec. 602. Nominations – primary election.

 

(a) Filing period. A person may submit to the City Clerk or election authorities a nominating petition at least twelve weeks prior to the date of the primary election if that date is the first Tuesday after the first Monday in April, or at least four weeks prior to the date of the primary election if that date is the fourth Tuesday in February. The election authorities shall examine the petitions immediately as to their sufficiency and shall publish a notice as required by law.

 

(b) Required signatures. The following number and source of signatures are required to qualify for the primary ballot:

 

Mayor no less than 1,000 nor more than 2,500 registered voters of the City

Council member no less than 300 nor more than 750 registered voters of the district

 

(c) Nominating petition requirements.

 

(1) Multiple pages. Signatures to a nominating 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 circulator's presence and is the genuine signature of the person whose name it purports to be.

 

(2) 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.

 

(3) No embellishment of nominating petition. A nominating petition shall not include any political party or other designation.

 

(4) Form of petition. The City Clerk shall provide form nominating petition papers.

 

(5) Verification of signatures. If necessary, no later than the Thursday following the close of the filing period the City Clerk will distribute nominating petitions to the appropriate election authorities for verification of signatures. Election authorities will return to the City Clerk nominating petitions showing valid and invalid signatures with a count of valid signatures.

 

(d) Primary ballot.

 

(1) Determination of signature threshold. The City Clerk will total the number of valid signatures reported by each election authority for each person to determine compliance with the requirement for valid signatures. Persons who submit a nominating petition to the City Clerk with the required signatures will be placed on the primary ballot for the office designated in the petition.

 

(2) One office. A person may be on the City primary ballot seeking only one office.

 

(3) Submission of information to election authorities. The City Clerk will prepare the appropriate documents for submission to the election authorities setting forth those persons to be placed on the primary ballot as soon as possible.

 


Sec. 605. Results of elections.

 

(a) Primary election.

 

(1) General. The two candidates for Mayor and the two candidates for Council from each district who receive the highest number of votes in the primary election for each office, respectively, will be placed on the general election ballot. As soon as determined, the City Clerk will provide the required information to the election authorities for the general election.

 

(2) Write-in candidates. If one or both of the two candidates receiving the highest number of votes is a write-in candidate, then that candidate must receive a total number of votes equal to or in excess of the number of nominating signatures required for that office to qualify for the regular election ballot.

 

(3) Death, withdrawal, disqualification, failure to meet minimum write-in requirements. In case of the death, withdrawal or disqualification of any candidate entitled to have his name printed on the ballot at the regular municipal election, or any write-in candidate who does not receive the minimum number of votes required, the candidate receiving the next highest number of votes at the primary election will be placed on the general election ballot, provided they are eligible.

 

(b) General election. The candidate for Mayor and the candidate for member of the Council from each district, who shall receive the greatest number of votes at the regular municipal election for each such office, respectively, shall be declared elected.

 

Sec. 730. Signatures to petitions.

 

The signatures to an initiative, referendum, or recall petition need not all be appended to one paper, but to each separate petition paper there shall be attached an affidavit of the circulator thereof as provided by this section. Each such petition paper shall consist of sheets of uniform size, printed and signed on only one side. Each such petition paper shall, at the top of such petition paper, contain a description of the ordinance or matter of such initiative, referendum, or recall petition which specifically identifies the subject of such initiative, referendum or recall petition. Each signer of any such petition paper shall sign his/her name in ink or indelible pencil, and shall indicate after his/her name his/her place of residence by street and number, or other description sufficient to identify the place. Each such petition paper shall provide a space for the date of each signature and each signer of such petition paper shall indicate the date he or she signs.

 

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.” The affidavit attached to the petition paper shall be substantially in the following form:

 

State of Missouri )

) ss.

County of __________ )

 

I, __________________ being first duly sworn, under oath state that the following named person, to-wit (here shall be legibly written or typewritten the names of the signers of this petition paper):

 

1.__________________________________________________

2.___________________________________________________

3____________________________________________________

Etc.

 

signed the foregoing petition paper, and each of them signed his or her name thereto in my presence: I believe that each has stated his or her name and address correctly, has signed the petition only once, and that each signer is an elector of Kansas City, Missouri (or of the district if the petition is for the recall of a member of the council).

 

Signed________________________

 

Subscribed and sworn to before me this ___ day of _________, ____.

____________________________

Notary Public

(Or other officer qualified to administer oaths.)

 

Sec. 1204. Officers having definite terms.

 

(a) Board and commission membership generally. Continuation in office generally. All officials elected or officers appointed for definite terms under the provisions of this Charter, shall continue to hold office unless lawfully removed, until their successors are elected or appointed and have qualified.

 

(b) Board and commission membership representing specific districts. Board and commission members appointed to represent specific council districts shall be deemed to have completed their term of office upon the first day of the term of office of the Mayor and members of the City Council elected at the 2015 general election. Until reappointed or replaced, even if no longer living within the district from which appointed because of the organizational change of the City Council from six to twelve districts, those board or commission members shall continue to lawfully serve until their successor is appointed and has qualified.

 

Section 8. ADOPTION OF MULTIPLE QUESTIONS – Section 602, City Charter. Section 602 of the City Charter entitled “Nominations – primary election” is proposed to be amended by the Question designated Elections / Organizational Flexibility and the Question designated Council Districts. If both of these questions are adopted by the voters that version of Section 602 found in the Question designated Council Districts shall become effective.

 

Section 9. EFFECTIVE DATE OF QUESTION 3 – COUNCIL DISTRICTS. If Question 3 – Council Districts is adopted by the voters, then the Council is authorized to provide for the division of the City into 12 districts for purposes of conducting the 2015 election. The Council is authorized to take all necessary steps to reflect the commencement of a 12-district organization, including appropriate budgeting. Between the adoption of the Question designated Council Districts and the commencement of the next term of office for those persons elected at the general municipal election day in 2015, the current organization of the City Council shall continue.

 

Section 10. EMERGENCY RECOGNIZED. This ordinance, providing for the submission of Charter amendments to the people of Kansas City, Missouri, is recognized to be an emergency measure within the meaning of Section 503(a)(3)(A) of the Charter, and as such shall become effective in accordance with Section 503(a)(1) of the Charter.

 

____________________________________________________

Approved as to form and legality:

 

 

________________________________

William Geary

City Attorney