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:
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
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.
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:
CITY OF KANSAS CITY
ELECTION, APRIL 8, 2014
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?
QUESTION NO. ___
(Dismissal of the
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
QUESTION NO. ___
Should the Charter
of Kansas City be amended by eliminating at-large Council members and
establishing 12 Council districts, effective with the next term?
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,
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.
My Commission Expires:____________________________
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
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
Qualified voter. Be a qualified voter of the City;
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;
Minimum age. Attained the age of twenty-five years before
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.
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.
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.
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.
of term. All members of the Council, including the Mayor, will serve a term
of four years, commencing August 1 following their election.
(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.
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.
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.
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.
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 –
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
signatures. The following number and source of signatures are required to
qualify for the primary ballot:
less than 1,000 nor more than 2,500 registered voters of the City
member at-large no less than 500 nor more than 1,500 registered voters
of the City
Council member no less than 300 nor more than 750 registered voters of
(c) Nominating petition
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.
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.
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
(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.
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
elections. The City may call special elections for any lawful purpose as
provided by state law.
election dates. If authorized by state law, the Council may change the
dates for regular elections.
Transition of directors and certain officials.
and other appointees. Directors and other appointees of the Mayor and Council,
and the City Manager shall continue in office.
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.
and offices. All departments and offices shall continue to exist until
changed in accordance with this Charter or the ordinances of the City.
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.
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
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
(a) Required forfeiture of
office. A member of the Council, including the Mayor, shall forfeit office
if the member:
appointed to or holds any other office under the City; or
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;
residency from the district from which elected, unless the change in district
is the result of redistricting during a term of office; or
to possess the qualifications specified in this Charter to be elected to
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.
Duties and authority of the Mayor.
The Mayor will:
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
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.
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.
Preside over meetings of the Council. Preside over
all meetings of the Council when in attendance.
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
Committee membership. Appoint the members of Council
committees, including officers of the committees, to serve at the pleasure of
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
power and authority. The Mayor will perform all other duties
consistent with the office and required by law.
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
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
(2) Enforcement of laws. See
that the ordinances of the City and applicable State and federal laws are followed
(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
(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
(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.
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:
Finance Department under the direction
of a director of finance/chief financial officer;
Human Resources Department under the
direction of a director of human resources; and
Law Department under the direction of a
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
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:
materials regulation and clean-up.
Development and maintenance of healthy neighborhoods.
health. Preservation and promotion of the public health, including at least
provision of indigent
control and mitigation
relief from distress
caused by disaster or acts of terrorism;
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;
engagement with the
community in developing public health policies; and
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:
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
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
(7) Water services. Provide for
systems to make available the following services:
Storm water collection
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:
payment of the
expenses of operating and maintaining such system;
payment of any and all
bonds or other obligations payable from such revenues;
establishment of a
proper depreciation reserve for the benefit of such system;
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
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.
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.
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.
(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;
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;
Business licenses. Issuance of business or occupational licenses;
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.
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:
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;
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;
Maintain records. Keep records of efficiency and seniority of all officers
and employees of the classified service;
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;
Training. Provide training and assistance in areas of Human
Employee discipline. Insure that employee discipline is administered fairly
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;
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
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;
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
(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
Sec. 503. Ordinances, when effective.
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
(G) Setting annual property tax levy
rates. Setting the annual levy rates for taxation of real and tangible
(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.
(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
(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
808. Contingent appropriation.
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.
815. Lien of taxes and assessments.
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.
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
(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.
903. The unclassified service.
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
(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
(f) The City Clerk and Deputy City Clerk;
(g) The City Auditor, Deputy City Auditor and
(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.
909. Candidacy for office.
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.
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
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
DIVISION 6. HEALTH COMMISSION
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.
Members shall serve a term of three years.
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.
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:
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;
of necessary services. Recommend to the Mayor,
Council and City Manager plans, processes or policies designed to provide
necessary services to residents and visitors;
and risk reduction. Recommend to the Mayor, Council and City Manager
prevention and risk reduction strategies;
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;
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;
as a human service. Cooperate with the Mayor, Council and City Manager to
identify and implement policies reflecting good health as a basic human
(7) General advice. Advise the Mayor,
Council, and City Manager on all other public health matters and policies;
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
Sec. 1148. Commission Committees;
The Commission shall establish committees
and by-laws to fulfill its purpose.
Sec. 1149. Removal of
The Mayor may remove a
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
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
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.
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.
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.
The City Manager shall serve at the pleasure of the Mayor and Council.
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
(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
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.
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
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:
201. Establishment of the City Council.
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
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.
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.
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
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
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.
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
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.
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.
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.
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.
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.
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.
605. Results of elections.
(a) Primary election.
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.
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.
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
(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
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
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
of Missouri )
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):
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).
and sworn to before me this ___ day of _________, ____.
other officer qualified to administer oaths.)
Sec. 1204. Officers having
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.
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
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
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.
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.
as to form and legality: