SECOND COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 050953
Calling for submission to the
voters of Kansas City, at a special election to be held on August 8, 2006, a
question amending the Charter of Kansas City by repealing its current twenty
articles and enacting thirteen new articles to be known as the Charter of the
City of Kansas City, to reflect the home rule authority granted by the Missouri
Constitution; to require elected officials be residents of the City immediately
prior to their election; authorize the delegation of duties among City
departments; to authorize the establishment of new park districts; to
re-establish the Internal Auditor as an appointee of the City Manager; to
accelerate the adoption of ordinances by requiring two rather than three
readings; to require the establishment of debt and economic incentive
policies; require decennial review of the Charter; to authorize the Council to
impose payments in lieu of taxes on enterprise departments of the City not to
exceed 10% of the departments gross revenues; and provide for other municipal
purposes; fixing the dates when the amendments shall take effect; directing the
City Clerk to notify the responsible election authorities of the election on or
after May 26, 2006, but not later than May 30, 2006; and recognizing this
ordinance to be an emergency measure.
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1.
ELECTION CALLED. That an election is called on August 8, 2006, for the
purpose of submitting to the voters of Kansas City an amendment to the Charter
by enacting thirteen new articles.
Section 2.
NOTICE TO ELECTION AUTHORITIES BY CITY CLERK. That upon passage of this
ordinance the City Clerk shall deliver certified copies of this ordinance and
notice of election to the to the Clerk of Cass County, Board of Election
Commissioners of Clay County, Board of Election Commissioners of Kansas City,
and Board of Election Commissioners of Platte County, on or after May 26, 2006,
but not later than May 30, 2006, and which shall be the authority of each
election authority of the City to submit the amendments 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, August 8, 2006 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, AUGUST 8, 2006
QUESTION
NO. _____
Should the Charter
of Kansas City, originally enacted in 1925, be reduced in size by repealing its
current twenty articles and enacting thirteen new articles to read as provided
in Second Committee Substitute for Ordinance No. 050953 to reflect the home
rule authority granted to the City by the Missouri Constitution to adopt
ordinances providing the power to engage in municipal functions; to authorize
the establishment of new park districts; to require the establishment of debt
and economic incentive policies and a code of ethics; to allow a contracting
code to be enacted; to require a person completing a term of a recalled
official to receive a majority of the votes cast; to require review of the
Charter every ten years; and to provide for organization of the Citys
administration by the City Manager or Council?
_____
Yes
_____
No
(Instructions to
voters will be supplied by the election authorities.)
A full and complete copy of
Second Committee Substitute for Ordinance No. 050953 (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 Kansas City, Missouri, this _______ day of May, 2006.
(SEAL)
__________________________________
MILLIE
CROSSLAND
City Clerk of Kansas City, Missouri
Before me, a notary public,
personally appeared Millie Crossland, to me known to be the City Clerk of
Kansas City, Missouri, and the person who acknowledged to me that she executed
the same for the purposes therein stated.
__________________________________
Notary
Public
My Commission
Expires:____________________________
Section 4. AMENDMENTS TO BECOME
THE CHARTER OF THE CITY OF KANSAS CITY. If a majority of the voters favor
the question, then the amendments to the Charter of Kansas City, Missouri shall
become effective immediately upon certification of the election results by the
election authorities, and as provided in the Charter, which amendments shall
read as follows:
BE IT ADOPTED BY THE PEOPLE OF KANSAS CITY:
That the Charter of Kansas City, Missouri, adopted February
25, 1925, as amended, is further amended by repealing the current twenty
articles thereof, and enacting thirteen new articles adopting what will be
known as the Charter of the City of Kansas City, to read as follows:
CHARTER OF THE CITY
OF KANSAS CITY, MISSOURI
Table of Contents
PREAMBLE
ARTICLE I. CORPORATE NAME, POWERS AND BOUNDARIES
Sec. 101. Incorporation, name and boundaries.
Sec. 102. Powers.
Sec. 103. Intergovernmental cooperation.
ARTICLE II. MAYOR
AND MEMBERS OF THE COUNCIL
DIVISION 1. MAYOR
AND COUNCIL
Sec. 201. Establishment of the City Council.
Sec. 202. Council a continuing body.
Sec. 203. Council districts.
Sec. 204. Qualifications for membership on the Council,
including as Mayor.
Sec. 205. Salary
Sec. 206. Term of office.
Sec. 207. Forfeiture of office.
Sec. 208. Vacancy.
Sec. 209. Authority of the Mayor.
Sec. 210. Meetings.
Sec. 211. Rules and procedure.
Sec. 212. Investigations by Council.
Sec. 213 Sec. 215. Reserved.
DIVISION 2. OFFICERS
APPOINTED BY THE COUNCIL
PART 1. CITY AUDITOR
Sec. 216. City Auditor.
PART 2. CITY CLERK
Sec. 217. City Clerk.
PART 3. CITY MANAGER
Sec. 218. City Manager
Sec. 219. Appointments by City Manager.
Sec. 220. Duties of City Manager.
Sec. 221 Sec. 299. Reserved.
ARTICLE III. KANSAS CITY MUNICIPAL DIVISION OF THE CIRCUIT COURT
Sec. 301. Municipal Court of Kansas City, Missouri,
established.
Sec. 302. Jurisdiction.
Sec. 303. Practice.
Sec. 304. Term of office.
Sec. 305. Compensation of judges.
Sec. 306. Qualifications of judges.
Sec. 307. Practice of law prohibited.
Sec. 308. Political activity by judges prohibited.
Sec. 309. Municipal Judicial Nominating Commission.
Sec. 310. Appointment by the Mayor and Council.
Sec. 311. Retention in office.
Sec. 312. Removal from office
Sec. 313. Administrator of the Municipal Court.
Sec. 314 Sec. 399. Reserved.
ARTICLE IV.
DEPARTMENTS AND OFFICES
DIVISION 1. IN
GENERAL
Sec. 401. Departments and offices established.
Sec. 402. Rulemaking authority.
Sec. 403 Sec. 405. Reserved.
DIVISION 2.
DEPARTMENTS
Sec. 406. Aviation
Sec. 407 Finance.
Sec. 408. Fire.
Sec. 409. Health.
Sec. 410. Human Resources.
Sec. 411. Law.
Sec. 412. Parks and Recreation.
Sec. 413. Public Works.
Sec. 414. Water Services.
Sec. 415. Additional departments.
Sec. 416. Neighborhood matters.
Sec. 417 Sec. 499. Reserved.
ARTICLE V. ORDINANCES
AND RESOLUTIONS
Sec. 501. Introduction of ordinances and resolutions.
Sec. 502. Passage of ordinances and resolutions.
Sec. 503. Ordinances, when effective.
Sec. 504. Approval or veto of ordinances and resolutions.
Sec. 505. Reconsideration of rejected ordinances and
resolutions at request of the Mayor.
Sec. 506 Sec. 599. Reserved.
ARTICLE VI.
NOMINATIONS AND ELECTIONS
Sec. 601. General laws to apply.
Sec. 602. Nominations primary election.
Sec. 603. Non-partisan election.
Sec. 604. Election dates.
Sec. 605. Results of elections.
Sec. 606 Sec. 699. Reserved.
ARTICLE VII. INITIATIVE,
REFERENDUM AND RECALL
DIVISION 1.
INITIATIVE
Sec. 701. Initiative petitions.
Sec. 702. Action by Council.
Sec. 703. Election.
Sec. 704. Repeal of initiated ordinances.
Sec. 705 Sec. 709. Reserved.
DIVISION 2.
REFERENDUM
Sec. 710. Referendum petition.
Sec. 711. Election.
Sec. 712. Initiative and referendum ballots.
Sec. 713. Conflicting ordinances.
Sec. 714 Sec. 719. Reserved.
DIVISION 3. RECALL
Sec. 720. Recall petition papers.
Sec. 721. Filing recall petition.
Sec. 722. Recall election ordered.
Sec. 723. Candidates to succeed officer recalled.
Sec. 724. Ballots in recall election.
Sec. 725. Result of recall election.
Sec. 726. Election when an officer resigns.
Sec. 727. Limitations on recall petitions.
Sec. 728 Sec. 729. Reserved.
DIVISION 4.
INITIATIVE, REFERENDUM AND RECALL PETITIONS.
Sec. 730. Signatures to petitions.
Sec. 731. Filing petitions.
Sec. 732. Supplementary petitions.
Sec. 733 Sec. 799. Reserved.
ARTICLE VIII. BUDGET
AND FINANCIAL PROCEDURES
DIVISION 1. BUDGET
Sec. 801. Fiscal year.
Sec. 802. Method of accounting.
Sec. 803. Annual budget requests.
Sec. 804. Annual budget.
Sec. 805. Adoption of budget.
Sec. 806. Temporary loans.
Sec. 807. Debt and economic incentives policies.
Sec. 808 Sec. 810. Reserved.
DIVISION 2. TAXATION
AND SPECIAL ASSESSMENTS
Sec. 811. Property subject to taxation.
Sec. 812. Objects of taxation.
Sec. 813. Earnings and profits tax.
Sec. 814. Special assessments.
Sec. 815. Lien of taxes and assessments.
Sec. 816. Tax books and records received as evidence.
Sec. 817. Fee taxed as costs in suit.
Sec. 818. Abatement and reduction in valuation.
Sec. 819. Error or delay.
Sec. 820 Section 830. Reserved.
DIVISION 3. BONDS.
Sec. 831. Issuing bonds.
Sec. 832 Sec. 835. Reserved.
DIVISION 4. AUDITS
AND REPORTS
Sec. 836. Audits.
Sec. 837. Monthly reports.
Sec. 838. Annual report.
Sec. 839 Sec. 899. Reserved.
ARTICLE IX. HUMAN
RESOURCES
Sec. 901. Human Resources Board
Sec. 902. Classification of municipal service.
Sec. 903. The unclassified service.
Sec. 904. The classified service.
Sec. 905. Human Resources rules.
Sec. 906. Compensation.
Sec. 907.
Removal, demotion or suspension; employee's right of review by Human Resources
board.
Sec. 908. Restrictions and forfeiture of employment.
Sec. 909. Candidacy for office.
Sec. 910 Sec. 999. Reserved.
ARTICLE X. PARKS AND
RECREATION
Sec. 1001. Board of Parks and Recreation Commissioners.
Sec. 1002. Board meetings.
Sec. 1003. Parks within or without the city.
Sec. 1004. Lands dedicated to parks and boulevards forever.
Sec. 1005. Maintenance tax.
Sec. 1006. Vehicle license taxes.
Sec. 1007. Front foot assessments.
Sec. 1008. Disbursement of park funds.
Sec. 1009. Gifts.
Sec. 1010. Use of parks.
Sec. 1011 Sec. 1099. Reserved.
ARTICLE XI. BOARDS
AND COMMISSIONS
DIVISION 1. CITY PLAN
COMMISSION
Sec. 1101. Commission established.
Sec. 1102. Duties.
Sec. 1103. Zoning.
Sec. 1104. Reports on ordinances.
Sec. 1105 Sec. 1110. Reserved.
DIVISION 2. BOARD OF
ZONING ADJUSTMENT
Sec. 1111. Board established.
Sec. 1112. Duties.
Sec. 1113 Sec. 1115. Reserved.
DIVISION 3. MUNICIPAL
OFFICIALS AND OFFICERS ETHICS COMMISSION
Sec. 1116. Commission established.
Sec. 1117. Duties.
Sec. 1118. Staff.
Sec. 1119. Records.
Sec. 1120. Removal.
Sec. 1121. Nonseverability.
Sec. 1122 Sec. 1125. Reserved.
DIVISION 4. BOARD OF
TRUSTEES OF CITY TRUSTS
Sec. 1126. Board established.
Sec. 1127. Duties.
Sec. 1128. Staff.
Sec. 1129. Rules.
Sec. 1130. Control of trust property.
Sec. 1131. Coordination with community trusts.
Sec. 1132. Reports to be published.
Sec. 1133 Sec. 1135. Reserved.
DIVISION 5. MUNICIPAL
ARTS COMMISSION
Sec. 1136. Commission established.
Sec. 1137. Approvals required.
Sec. 1138. Time of approval.
Sec. 1139. Meaning of term work of art.
Sec. 1140. Member disqualified.
Sec. 1141 Sec. 1199. Reserved.
ARTICLE XII. GENERAL
MATTERS
Sec. 1201. Kansas City a continuous body politic.
Sec. 1202. Ordinances and laws to remain in force.
Sec. 1203. Code of ethics.
Sec. 1204. Officers having definite terms.
Sec. 1205. Removal of board members.
Sec. 1206. Certificate and oath of office.
Sec. 1207. Compensation of officials, officers and employees.
Sec. 1208. Franchises.
Sec. 1209. Payments in lieu of taxes.
Sec. 1210. Title to City property inalienable.
Sec. 1211. Bids, proposals and other requests.
Sec. 1212. Charter review.
Sec. 1213 Sec. 1299. Reserved.
ARTICLE XIII. TRANSITION PROVISIONS.
Sec. 1301. Pending measures unaffected.
Sec. 1302. Continuance of taxes, assessments and fees.
Sec. 1303. Ordinances to remain in force.
Sec. 1304. Pending actions and proceedings.
Sec. 1305. Continuance of contracts, public improvements and
taxes.
Sec. 1306. Continuance of membership of boards and
commissions.
Sec. 1307. Divisions of the Municipal Division of the
Circuit Court.
Sec. 1308. Effective date.
Sec. 1309. Transition of directors and certain officials.
CHARTER OF THE CITY
OF KANSAS CITY, MISSOURI
PREAMBLE
WE, THE PEOPLE OF KANSAS CITY, MISSOURI, recognize the
importance of building a strong government through partnerships with citizens,
neighborhoods, businesses and institutions. We celebrate the vision of our
great City as a community that:
v
embraces our differences and draws from
the rich diversity among those who call Kansas City home;
v
respects and includes the contributions
of all toward the Citys vitality,
v
creates healthy, safe, and secure
neighborhoods and workplaces,
v
encourages a sustainable tax base,
v
advances access to health care, quality
education and economic prosperity for all,
v
understands the importance of culture
and the arts as a part of the unique appeal of urban living, and
v
builds metropolitan leadership and
regional cooperation.
Guided by
these principles and inspired by our collective vision, we do enact this City
Charter to further the ongoing legacy of a representative, humane, and
effective municipal government.
ARTICLE I. CORPORATE NAME, POWERS AND BOUNDARIES
Sec. 101. Incorporation, Name
and Boundaries.
The inhabitants of the City of
Kansas City, within the corporate limits as now established or as hereafter
established in the manner then provided by law, shall continue to be a
municipal body politic and corporate in perpetuity under the name of the City
of Kansas City.
Sec. 102. Powers.
The City shall have all powers
which the General Assembly of the State of Missouri has authority to confer
upon any City, provided such powers are consistent with the Constitution of
this State and are not limited or denied either by this Charter or by statute.
The City shall, in addition to its home rule powers, have all powers conferred
by law.
Sec. 103. Intergovernmental
cooperation.
The City shall have the power to
cooperate or join by contract or otherwise with other cities, with states or
with the United States, or other governmental bodies, singly or jointly or in
districts or associations for promoting or carrying out any of the powers of
the city.
ARTICLE II. MAYOR
AND MEMBERS OF THE COUNCIL
DIVISION 1. MAYOR AND COUNCIL
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 at-large. One member residing in each of
the six Council districts elected at-large.
(c)
District Council member. One member residing in and
elected from each of six Council districts.
Sec. 202. Council a continuing
body.
The Council shall be a continuing
body and no change in the membership thereof, or in the membership of any of
its committees, shall at any time affect the status of any pending resolution
or ordinance.
Sec. 203. Council districts.
(a)
Six districts required. For the purpose of electing
members of the Council, the Council shall divide the City into six districts,
substantially equal in population.
(b)
Redistricting. The Council shall draw new districts, based
upon the last official federal census, not later than the first day of January
of the year following the publication of the official federal census. When
increases or decreases in population render current districts substantially
unequal in population or when a third consecutive general election would be
conducted using the same districts, the Council shall draw new districts based
upon appropriate population estimates and counts.
(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. 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. Paid City and county taxes for two years
preceding election day;
(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 record of the plea of guilty or nolo contendere has
therefore been removed from the persons court record.
(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 May 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. 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, whether elected by district or at-large 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. 206. Term of office.
(a) Length
of term. All members of the Council, including the Mayor, will serve a
term of four years, commencing May 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 becomes
effective are included within the term limits established by this section.
Sec. 207. Forfeiture of
office.
A member of the Council,
including the Mayor, shall forfeit office if the member:
(a) Is
appointed to or holds any other office under the City; or
(b) Becomes
an employee of the City in any other capacity whatever; or
(c) Holds
any elective or appointive office under the United States or the State of Missouri, or of any subdivision or public corporation of or under either of them, other
than that of a notary public or member of the National Guard or a Reserve
component of the United States armed forces;
(d) Changes
residency from the district from which elected, unless the change in district
is the result of redistricting during a term of office; or
(e) Fails
to possess the qualifications specified in this Charter to be elected to
office; or
(f) Is
absent from ten consecutive regular meetings of the Council unless such absence
be authorized by the Council.
Sec. 208. Vacancy.
(a) First
thirty months. Any vacancy in the office of a member of the Council,
including the office of Mayor, occurring before the beginning of the
thirty-first month of a term shall be filled by a special election to be called
by the Council. Nominations and the election shall be as provided in this
Charter, except that there shall not be a primary election and a candidate receiving
a majority of the votes cast shall be declared elected for the balance of the
term. If no candidate receives a majority of the votes cast, then the Council
shall call a special runoff election of the two candidates who receive the
highest number of votes in the special election.
(b)
Final eighteen months.
(1)
Mayor. Any vacancy in the office of Mayor occurring after
the end of the thirtieth month of a term shall be filled for the unexpired term
by the Mayor pro tem.
(2)
Council member. Any vacancy in the office of a member of
the Council occurring after the end of the thirtieth month of a term shall be
filled for the unexpired term by appointment of the Mayor and Council.
(c) Vacancy
caused by recall. Any vacancy resulting from a recall election or from
the resignation of the Council member or Mayor after the filing of an affidavit
for the Council members or Mayors recall, when followed within thirty days
next thereafter by the filing of a petition for the Council members or Mayors
recall, or from the resignation of the Council member or the Mayor following
the filing of a petition for the Council members or Mayors recall, shall be
filled as provided in Article VII of this Charter.
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.
(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
Mayors 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. 210. Meetings.
(a)
Initial meeting. An initial meeting of the Council shall
be held at 10:00 a.m. on May 1, following each regular municipal election,
unless May 1 falls on Sunday, then the meeting shall be held on May 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. 211. Rules and procedure.
(a)
General. The Council shall determine its own rules and
order of business and shall keep a record of its proceedings, including votes
cast by members.
(b)
Control of members.
(1)
Judge of qualifications. The Council shall be judge of the
election, returns and qualifications of its members.
(2)
Discipline of members, including the Mayor. The Council
may punish its members for disorderly conduct or violation of the Councils
rules, or for misconduct in office. By an affirmative vote of nine members of
the Council, the Council may expel a member for disorderly conduct or violation
of the Councils rules, or for misconduct in office. No member shall be
expelled unless notified in writing of the charge or charges and given an
opportunity to be heard in a public hearing.
(c)
Quorum. Seven members of the Council shall constitute a
quorum to do business but a smaller number may adjourn from day to day and may
compel the attendance of absent members in such manner and under such penalties
as the Council may provide.
Sec. 212. Investigations by
Council.
The Council, or any committee of
the Council so authorized by it shall have power to inquire into the conduct of
any department or office of the City and to make investigation as to City
affairs and matters of municipal interest, and for that purpose may subpoena
witnesses, administer oaths, and compel by subpoena duces tecum, the
production of books, papers and other evidence. The Council shall provide by
ordinance the penalty or penalties for contempt in refusing to obey any such
subpoenas, or to produce such books, papers and other evidence and shall have
the power to provide by ordinance for the punishment of any such contempt.
Sec. 213 Sec. 215. Reserved.
DIVISION 2. OFFICERS APPOINTED BY
THE COUNCIL
PART 1. CITY
AUDITOR
Sec. 216. City Auditor.
(a) Appointment.
The Mayor and Council shall appoint a City Auditor to serve at their pleasure.
(b)
Qualifications. The City Auditor must be a certified
public accountant, or a person specially trained and experienced in
governmental or business investigation or administration.
(c)
Duties. The City Auditor shall:
(1)
Provide information to Council. Keep the Council informed
as to the work performed, methods, and financial affairs of the City, however,
the City Auditor shall not be responsible for the keeping of accounts;
(2)
Conduct investigations into the work of the
departments. Carry on a continuous investigation of the work of all
departments, boards, commissions and other offices of the City, and shall
report to the Council from time to time, and at least once each year, the
methods and results of their operations;
(3)
Conduct other investigations. Make any other
investigations as the Council may direct;
(4)
Establish standards. Establish standards by which the
City Auditors office will operate when conducting its work.
(d) Access to
information.
(1) City information. The City Auditor
shall have access to all books and records of all departments, boards,
commissions, and other offices, of the City. The City Auditor may require the
appearance of any official, officer, agent or employee of any department,
board, commission or other office for the purpose of examining that person
under oath or affirmation. The City Auditor, or an assistant, may administer
an oath or affirmation for that purpose.
(2) Other information. The City Auditor
shall have the power to summon any person to be examined under oath or
affirmation. The City Auditor, or an assistant, may administer an oath or
affirmation for that purpose. The City Auditor may require the production of
documents or other things from any person necessary to meet the
responsibilities of the office. The City Auditor may issue necessary process,
including a subpoena or subpoena deuces tecum, to compel attendance or
the production of documents or other things.
(e) Suspension
or permanent removal from office. The City Auditor may
be suspended or removed from office by a majority vote of the Mayor and
Council.
(f) Temporary
appointment. In case of resignation, disability, suspension or removal
from office, 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 Auditor, the City Auditor shall designate an acting City Auditor.
PART 2. CITY CLERK
Sec. 217. City Clerk.
(a)
Appointment. The Mayor and Council shall appoint a City
Clerk to serve at their pleasure.
(b)
Duties. The City Clerk shall:
(1) Maintain records. Keep the records of the
Council;
(2) Municipal Judicial Nominating Commission.
Conduct elections for members of the Municipal Judicial Nominating Commission;
and
(3) Other duties. Perform such other duties as may
be required by the Council.
(c) Oaths
or affirmations. The City Clerk is authorized to administer oaths or
affirmations.
(d) Receipt
of documents. Copies of all papers filed in the office of the City
Clerk and transcripts from the records of the proceedings of the Council duly
certified by the City Clerk or an assistant under the corporate seal of the
City shall be received in evidence in all courts of this state with the same
effect as though the originals were offered.
(e) Permanent
removal from office. The City Clerk may be suspended or removed from
office by a majority vote of the Mayor and Council.
(f) Temporary
appointment. In case of resignation, disability, suspension or removal
from office, 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 Clerk, the City Clerk shall designate an acting City Clerk.
PART 3. CITY MANAGER
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 subject to ratification by a vote of at least six
additional members of the Council at the next scheduled meeting of the Council.
During the period between Council consideration of the suspension or removal by
the Mayor, the City Manager shall be suspended with or without pay as
designated by the Mayor.
(2) Council. By a vote of nine members of the Council, not including the
Mayor, the City Manager may be removed from office.
(3) Procedure for removal.
(A) Notification in writing. The City Manager shall
be notified in writing of suspension or removal from office by no later than
the next business day following the Councils action.
(B) Request for statement and hearing. The City
Manager may, in writing filed with the City Clerk within ten days after receipt
of the notification, demand a written statement of the reasons for such
suspension or removal and a hearing before the Council. This statement shall be
provided within ten days of the request. The Council shall hold a hearing no
earlier than five and no later than fifteen days after the City Manager is
provided a written statement of reasons for suspension or removal from office.
The hearing before the Council shall be a public hearing unless otherwise
ordered by a court.
(C) Suspension and/or removal final. The suspension
or removal of the City Manager shall be final and not subject to review.
(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.
Sec. 219. Appointments by City
Manager.
(a)
Department Directors. The City Manager shall be
responsible to the Mayor and Council for the proper administration of all
affairs of the City placed under the City Managers authority, and to that end
shall appoint, and may remove, all directors of departments except as otherwise
provided in this Charter.
(b) Internal
Auditor.
(1) Appointment. The City Manager shall appoint,
and may remove, the Internal Auditor, who shall be a person experienced in accounting, administration, financial auditing, or
governmental investigation.
(2) Duties. The Internal Auditor shall perform the
following duties:
(A)
Reviews and investigations of the
City. Perform reviews or other
investigations authorized by the City Manager of the activities of the City to
determine their efficiency, effectiveness, and compliance with laws,
regulations, policies and procedures;
(B)
Reviews and investigations of entities
receiving City funds. Perform reviews
or other investigations authorized by the City Manager of the activities of any
entity receiving funds or other support from the City from whatever source,
insofar as the review or investigation relates to the activities funded by the
City;
(C)
Reports. Report to the City Manager on the status of work completed
by the Internal Auditor;
(D)
Establish standards. Establish standards by which
the Internal Auditor will operate when
conducting the work of the Internal Auditor.
(E)
Other assigned duties. Make investigations as the City Manager may direct.
(3) Access to information.
(A) City information. The Internal Auditor
shall have access to all books and records of all departments, boards,
commissions, and other offices, of the City. The Internal Auditor may require
the appearance of any official, officer, agent or employee of any department,
board, commission or other office for the purpose of examining that person
under oath or affirmation. The Internal Auditor, or an assistant, may
administer an oath or affirmation for that purpose.
(B) Other information. The Internal
Auditor shall have the power to summon any person to be examined under oath or
affirmation. The Internal Auditor, or an assistant, may administer an oath or
affirmation for that purpose. The Internal Auditor may require the production
of documents or other things from any person necessary to meet the
responsibilities of the office. The Internal Auditor may issue necessary
process, including a subpoena or subpoena deuces tecum, to compel
attendance or the production of documents or other things.
(c) Additional
officers. The City Manager shall also appoint all other officers except
as otherwise provided in this Charter.
(d) Basis
for appointment. Appointments by the City Manager shall be made on the
basis of executive and administrative ability and of the training and
experience of such appointees for the work which they are to administer.
(e) Removal
of officers. All appointees of the City Manager shall be immediately
responsible to the City Manager and may be disciplined or removed by the City
Manager at any time, except as otherwise in this Charter specifically provided.
(f) Noninvolvement
by the Council. Neither the Council, including the Mayor, nor any of
its committees or members shall have authority to control the appointment or
removal of any person to or from office or employment by the City Manager or
any subordinate.
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 Citys 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. Prepare a budget for submission to the
Council.
(5) Inform Mayor and Council of Citys 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. 221 Sec. 299. Reserved.
ARTICLE III. KANSAS CITY MUNICIPAL
DIVISION OF THE CIRCUIT COURT
Sec. 301. Municipal Court of Kansas City, Missouri, established.
(a)
Judicial power. The judicial power of the City shall be
vested in the Kansas City Municipal Division of the Circuit Court, sometimes
known as the Municipal Court.
(b)
Divisions within the Municipal Division.
(1) Divisions may be established by Council. The
Council may establish additional divisions, may establish one or more
specialized divisions, and may establish part-time divisions.
(2) Housing Court established. One
division shall be permanently designated as the Housing Court to hear
exclusively cases arising under ordinances of the City concerned with
residential and nonresidential property maintenance, nuisances, zoning, land
use, fire prevention and protection, building codes, hazardous or toxic
substances and other matters designated from time to time by ordinance. The
Municipal Court judge for the Housing Court division may be a part-time judge.
(c)
Court en banc. The Kansas City Municipal Division shall
act through the Court en banc.
(d) Senior
Judges. The Council may provide for service by senior judges to assist
the Court.
Sec. 302. Jurisdiction.
The Court shall have jurisdiction
of all cases arising under this Charter or any ordinance of the City of Kansas
City, Missouri and all such other jurisdiction as is or may be hereafter
conferred by law.
Sec. 303. Practice.
The Court shall exercise all powers
authorized by law, including but not limited to the following:
(a)
Subpoenas and warrants. Issue subpoenas, subpoenas deuces
tecum, and warrants, including administrative inspection or search
warrants;
(b)
Enforce orders. Enforce its process and orders, and
appoint officers for the purpose of executing and processing executions and
other processes issued by the court;
(c)
Compel attendance of persons. Summon and compel the
attendance of witnesses;
(d)
Adopt rules. Adopt rules of practice and procedure.
Sec. 304. Term of office.
Subject to the provisions of
Section 311, judges of the Kansas City Municipal Division shall serve terms of
four years.
Sec. 305. Compensation of
judges.
The compensation of the judges of
the Kansas City Municipal Division shall be fixed by the City Council, and the
salaries for all judges, other than a part-time judge, shall be equal. The
compensation of a judge shall not be diminished during a term of office. A
judge shall receive no other income for public service, other than a pension
representing past service, during a term of office.
Sec. 306. Qualifications of
judges.
Judges of the Kansas City
Municipal Division shall possess the following qualifications:
(a)
Citizenship. Citizen of the United States and the State of
Missouri for five years immediately prior to appointment;
(b)
Residency. Resident of the City of Kansas City, Missouri
for one year immediately prior to appointment and continuously during service
as a judge;
(c)
Licensed to practice law. Licensed to practice law in the
State of Missouri for five years immediately prior to appointment;
(d)
Member of The Missouri Bar. Member of the Missouri Bar in
good standing continuously during service as a judge;
(e)
Age. Be less than sixty-five of age; and
(f)
Other qualifications. Possess any additional
qualifications prescribed by law.
Sec. 307. Practice of law
prohibited.
No judge of the Kansas City
Municipal Division, other than a part-time judge, shall engage in the private
practice of law or do law business.
Sec. 308. Political activity
by judges prohibited.
The following political activity
is prohibited:
(a)
Seeking office. No judge of the Kansas City Municipal
Division shall run for elective office other than the judicial office which the
judge holds. This shall not preclude a judge of the Kansas City Municipal
Division from seeking appointment to another judicial post of the United States or State of Missouri.
(b)
Political participation. No judge of the Kansas City
Municipal Division shall directly or indirectly make any political contribution
to or hold any office in a political party or organization, or take part in any
political campaign.
Sec. 309. Municipal Judicial
Nominating Commission.
(a)
Municipal Judicial Nominating Commission established. There
is established a five-member Municipal Judicial Nominating Commission for the
Kansas City Municipal Division.
(b)
Duties of the Commission.
(1)
Submission of candidates. Whenever vacancies exist, the
Commission shall submit to the Mayor and Council a panel of three names of
qualified persons as nominees for appointment as judge of the Kansas City
Municipal Division. The panel shall be submitted within sixty days of the date
a vacancy arises.
(2)
Removal of judges. The Commission may commence removal
proceedings under the provisions of this Charter against any judge of the
Kansas City Municipal Division.
(c) Membership of
the Commission.
(1) Chair of the Commission. The chair of the
Municipal Judicial Nominating Commission shall be the presiding judge of the
Circuit Court of the county in which the largest portion of the City exists.
Should that person refuse to serve, the Mayor shall appoint a person to serve.
(2) Attorney members. The members of the bar of the
State of Missouri residing within the corporate limits of Kansas City shall
elect two of their number who are residents within the corporate limits of the
City, to serve as members of the Municipal Judicial Nominating Commission. The
Council shall provide the procedures for the election of the two lawyer
members.
(3)
Non-attorney members. The Mayor shall appoint two citizens
not admitted to practice law before the courts of this state from residents
within the corporate limits of the City.
(4) Political affiliation. Such appointments and
elections by the members of the bar shall be in a manner that the non-lawyer
members shall not belong to the same political party, and the lawyer members
shall not belong to the same political party.
(5) Public offices. No member of the Municipal
Judicial Nominating Commission, except the chair, shall hold any public office
or office in a political party or organization.
(d)
Term. Membership on the Commission shall be for a term of
four years, and each of the Commissioners shall hold office for the term of
office until the Commissioners successor assumes their position. The City
Council shall issue commissions to the members of the Commission designating
the term of service.
(e)
No compensation. Commissioners shall serve without
compensation.
(f)
Vacancies. In case of a vacancy occurring on the
Commission for any reason, it shall be filled by appointment or election for
the unexpired term in the same manner as in the case of original election or
appointment as hereinbefore provided.
(g)
Disqualification to serve as judge of the Kansas City Municipal
Division. No member of the Commission shall be eligible for appointment
to the Kansas City Municipal Division during service on the Commission and for
three years thereafter.
(h)
Actions of the Commission. The Municipal Judicial
Nominating Commission may act only by the concurrence of a majority of its
members.
Sec. 310. Appointment by the
Mayor and Council.
The Council will act to appoint
one of the persons nominated by the Commission within sixty days of receipt of
the panel from the Commission unless the Council chooses to not fill a vacancy.
Sec. 311. Retention in office.
(a)
Judges subject to voter approval. At the next regular
municipal election following the expiration of twelve months from the date of
appointment and every four years thereafter, so long as the judge retains
office, every judge of the Kansas City Municipal Division shall be subject to
approval or rejection by the electorate.
(b)
Declaration of candidacy. Not less than sixty days prior
to the holding of the regular municipal election next preceding the expiration
of the judges term of office, each judge of the Kansas City Municipal Division
may file in the office of the Board of Election Commissioners a declaration of
candidacy for election to serve another term.
(c)
Election. If a declaration is filed, the judges name
shall be submitted at the next regular municipal election to the voters
eligible to vote therein on a separate judicial ballot without party
designation, reading:
``Shall
Judge (Name of Judge) of the Kansas City Municipal Division be retained in
office? Yes ________ No ________.''
If a
majority of those voting on the question vote in favor of retaining the judge
in office, the judge shall serve another term of office.
(d)
Vacancy. If a judge does not file a declaration of
candidacy, the vacancy resulting from the expiration of the term of office
shall be filled as provided in this Charter. If a majority of those voting on
the question of the judges retention vote against retaining the judge in
office, upon the expiration of the judges term of office, a vacancy shall
exist which shall be filled as provided in this Charter.
Sec. 312. Removal from office.
(a) Automatic forfeiture of office.
(1) Failure to maintain the qualifications of office.
A judge who fails to maintain the qualifications for office shall immediately
upon ceasing to be qualified for office forfeit office.
(2)
Felony. Judges of the Kansas City Municipal Division shall
forfeit office immediately upon being found guilty, either after a trial or as
a result of a plea of guilty or nolo contendere, whether or not a
sentence is imposed, of a felony or of any other act in another jurisdiction
that would be a felony if committed in Missouri.
(b) Retirement.
Judges of the Kansas City Municipal Division shall retire on or before their
sixty-fifth birthday. Judges not eligible to receive a pension resulting from
judicial service to the City on that day are automatically removed from office
without further act of the Judge.
(c) Removal based on
charges of misconduct.
(1) Charges brought by the Municipal Judicial Nominating
Commission. Four members of the Municipal Judicial Nominating
Commission may vote to bring charges against a judge of the Kansas City
Municipal Division seeking that judges removal from office by submitting
written charges to the City Council.
(2) Grounds for removal. Judges are subject to
removal by the Council for nonfeasance, malfeasance or misfeasance in the
performance of official duties or engaging in conduct which brings discredit on
the Kansas City Municipal Division, or violating any prohibition established by
this Charter for judges.
(3) Procedure. The Council, and not a committee of
the Council, shall hold an appropriate hearing sitting as a board of review for
the purpose of hearing evidence and testimony relating to the charges. The
Mayor will preside and may cast a vote. Unless at least seven members of the
Council vote for the removal of a judge, the judge will not be removed from
office.
(d) Exclusive
procedures for removal. Judges of the Kansas City Municipal Division
shall not be subject to recall.
(e) State
law procedures. The procedures established by this Charter are in
addition to any procedures provided by state law or rule.
Sec. 313. Administrator of the
Municipal Court.
There shall be an Administrator
of the Municipal Court appointed by the City Manager, to serve as Clerk of the
Court. The Court Administrator shall keep a complete record of each case,
showing the final disposition thereof, including disposition of appeal, and of
all monies collected from fines, penalties or other sources and shall pay over
to the City Treasurer all such monies. The Court Administrator shall perform
such other duties as may be prescribed by ordinance.
Sec. 314 Sec. 399. Reserved.
ARTICLE IV. DEPARTMENTS AND OFFICES
DIVISION 1. IN
GENERAL
Sec. 401. Departments and
offices established.
(a) Departments
required. There shall be established the following departments or
offices to perform functions as provided in this Charter or by ordinance:
(1) Aviation
(2) Finance
(3) Fire
(4) Health
(5) Human
Resources
(6) Law
(7) Parks
and Recreation
(8) Public
Works
(9) Water
Services
(b) Organization
of departments. The Council 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 Citys workforce.
(b) Delegation
divisions. The Council may delegate to the City Manager the authority
to organize departments into divisions or other units.
(c) Delegation
by directors. A Director is hereby 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.
(d) 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 Directors control.
Sec. 403 Sec. 405. Reserved.
DIVISION 2. DEPARTMENTS
Sec. 406. Aviation.
(a) Duties. There
will exist an Aviation Department, under the supervision of a Director of
Aviation, to administer the operations of the Citys
airports and associated activities of the City, including:
(1)
Management of airports. Management and operation of all the buildings and fields
owned and operated by the City for the purpose of serving aviation;
(2)
Property management. Negotiate all leases for the facilities under control of
the Aviation Department;
(3)
Development of future aviation
facilities. Study and make
recommendations to the City Manager concerning the regulation and development
of aviation, including proposals for the enlargement of existing or the
addition of new facilities to serve the aviation industry adequately;
(4)
Promotion of aviation. Make recommendations to the City Manager of programs for
the promotion and growth of aviation;
(5) Miscellaneous duties.
Perform such other related duties as required by the City Manager or by
ordinance.
(b) Appointment. The Director of
Aviation shall be appointed by the City Manager based on executive
ability, qualifications and experience in the aviation industry.
Sec. 407. 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. Installation, maintenance and supervision of all
accounts and financial records;
(3)
Collection, custody and
disbursement of funds. Supervision of the
collection, custody 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;
(4)
Business licenses. Issuance of business or occupational licenses;
(5)
Expenditure control. Control over expenditures; and
(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.
408. Fire.
(a) Duties. There will exist a
Fire Department, under the supervision of a Fire Chief, to perform the
following duties when not otherwise assigned to another department:
(1)
Fire protection. To suppress fires, inspect buildings and
property and enforce fire protection laws.
(2)
Emergency medical services. Participate in the
pre-hospital emergency medical services system;
(3)
Hazardous materials. Participate in regulation, clean-up
and public safety measures relating to hazardous materials.
(4)
Rescue. Assist in the rescue of persons at risk of injury
or death, and property at the risk of damage or destruction.
(5)
Training. The Fire Chief, or one acting for the Fire
Chief, shall provide for the proper training of Fire Department personnel.
(6)
Other assigned duties. Perform such other duties as
may be prescribed by law.
(b)
Authority to destroy property to stop fire. The Fire
Chief, or one acting for the Fire Chief, shall have power to order the
destruction of any building, structure, fence or thing if the Fire Chief shall
deem it necessary for the purpose of checking the progress of any fire.
(c) Appointment. The Fire Chief shall
be appointed by the City Manager based on executive ability,
qualifications and experience in the fire service.
Sec. 409. Health.
(a)
Duties. There will exist a Health Department, under the
supervision of a Director of Health, to perform the
following duties:
(1)
Regulation of the public health.
(A)
Enforce laws. Enforce all laws relating to public
health, and may make rules and regulations for preserving and promoting the
public health, provision of indigent health care; including taking all measures
necessary to avoid, suppress or mitigate disease and relieve distress caused by
disaster or acts of terrorism.
(B)
Nuisance abatement. The Director of Health shall
have power to cause any nuisance detrimental to health to be abated or removed.
The cost of abatement may be assessed and collected as a special tax and be a lien
on the property affected thereby, in the manner provided by ordinance.
(C)
Entry into property. The Director of Health may enter all
property necessary to enforce all laws relating to public health and for
purposes of providing for the avoidance, suppression or mitigation of disease,
and abatement of nuisances and other unhealthy conditions.
(2) Other assigned duties. Perform such other
duties as may be prescribed by law.
(b)
Appointment. The Director
of Health shall be appointed by the City Manager and have
special training and experience in public health work and be a graduate of a
recognized school of public health.
Sec. 410. 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;
(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. 411. 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;
(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. 412. Parks and
Recreation.
(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
Directors 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.
Sec. 413. Public Works.
(a)
Duties. There shall exist a Public Works Department, under
the supervision of a Director of Public Works, to perform the following duties,
when not otherwise assigned to another department or to the City Manager:
(1) Public buildings and
facilities. When not under the control of any other department or
official, design, construction, repair, maintenance, and providing for the safe
and clean operations of all municipal buildings, bridges, viaducts, subways,
canals, waterways, levees, tunnels and structures, including alterations,
replacements, additions and appurtenances;
(2)
Streets and public places. Grading and improvement of all
streets, alleys, sidewalk spaces and public ways and keeping them open as well
as safe and clean;
(3)
Pavements, curbs, sidewalks. Construction,
reconstruction, repair and maintenance of all pavements, curbs and sidewalks;
(4)
Lighting, excavations. 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 all
permits to excavate into or disturb any street or public property;
(5)
Utilities, franchises. Exercise such powers of the
City relative to privately owned or operated public utilities as may be
prescribed by ordinance;
(6)
Other assigned duties. Perform such other duties as
may be prescribed by law.
(b) Appointment. The
Director of Public Works shall be appointed by the City Manager based on executive
ability, qualifications and experience in engineering, architecture or public
works administration.
(c) Parks and Recreation. 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.
Sec.
414. Water Services.
(a)
Duties. There will exist a Water Services Department, under the
supervision of the Director of Water Services, to perform the following duties,
when not otherwise assigned to another department or to the City Manager:
(1) Waterworks. To build, acquire by purchase or otherwise, operate,
maintain, improve, enlarge and extend a waterworks system for the City and its
inhabitants, or to any other person or legal entity within or without the
corporate limits of the City or of the State of Missouri, under such terms and
conditions as may be prescribed by ordinance or by federal or state law;
(2) Sewerage. To build, acquire by purchase or otherwise, operate,
maintain, improve, enlarge and extend a sewerage system for the City and its
inhabitants, or to any other person or legal entity within or without the
corporate limits of the City of the State of Missouri, under such terms and
conditions as may be prescribed by ordinance or by federal or state law. The
term sewerage system shall mean and include any or all of the following:
sewerage systems and sewerage treatment plants, with all appurtenances necessary,
useful and convenient for the collection, treatment, purification and disposal
in a sanitary manner of liquid waste or sewage, and shall include combined
storm water and sanitary sewer systems;
(3) Storm water. To build, acquire by purchase or otherwise, operate,
maintain, improve, enlarge and extend a system of storm water collection and
protection, which may include storm water sewers, canals, waterways, levees and
any other device;
(4) All other assigned duties. To perform such other duties as may be prescribed by law.
(b)
Appointment. The Director of Water Services shall be appointed by the
City Manager based on executive ability, qualifications and experience in
engineering or in the operation and management of public utilities.
(c)
Revenues to be kept separate. All revenues derived from the operation of any
waterworks, sewerage or storm water system operated by the Water Services
Department shall be segregated from all other revenues or funds of the City,
and shall be devoted to the payment of the expenses of operating and
maintaining such system, to the payment of any and all bonds or other
obligations payable from such revenues, to the establishment of a proper
depreciation reserve for the benefit of such system, to 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 for the
payment of the cost of improvements, enlargements and extensions to such
system.
Sec.
415. Additional departments.
The
Council may establish additional departments, including enterprise departments,
to be under the administrative control of the City Manager.
Sec. 416 Neighborhood matters.
It is recognized that
neighborhood concerns change, reflecting the issues of importance at a
particular point in time. It is also recognized that simply because specific
items of concern change, there will always be concerns for residents and
neighborhoods. The Council shall provide by ordinance for at least one
department whose duties include, in whole or in part, the development and
maintenance of healthy neighborhoods.
Section 417 Sec. 499.
Reserved.
ARTICLE V. ORDINANCES AND
RESOLUTIONS
Sec. 501. Introduction of
ordinances and resolutions.
(a)
Sponsors of ordinances and resolutions. The Mayor, all
members of the Council, the City Manager and the City Managers assistants, all
department directors, and others authorized by the Council may introduce legislation
before the Council.
(b)
Revival or reenactment of ordinances. No ordinance or
resolution shall be revived or reenacted by mere reference to its title, but
shall be set forth at length as if it were an original ordinance or resolution.
(c)
Amendment of ordinances. No ordinance or resolution shall
be amended by providing that designated words thereof shall be stricken out and
others inserted in lieu thereof, but the ordinance, section or denoted
subsection as amended shall be set forth in full.
Sec. 502. Passage of
ordinances and resolutions.
(a)
Votes for passage or adoption of legislation. Unless
otherwise provided by this Charter or other law, seven votes shall be required
to pass ordinances or adopt resolutions.
(b)
Three readings. Ordinances, except emergency ordinances,
shall not be passed until they shall have been read on three separate days at
regular or special meetings of the Council unless the requirement of reading on
three separate days is dispensed with by the affirmative vote of nine members
of the Council.
(c)
Recording legislation. The City Clerk shall record every
ordinance or resolution upon its final passage by a method approved by the City
Council.
(d)
Authentication of legislation. All ordinances passed and
resolutions adopted shall be authenticated by the signatures of the Mayor if
not vetoed and the City Clerk, and will include the date of passage by the
Council and the date of the Mayors approval.
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;
(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. 504. Approval or veto of
ordinances and resolutions.
(a) Mayors
consideration.
(1)
Ordinances and resolutions provided to the Mayor.
Every ordinance passed and resolution adopted by the Council shall be provided
to the Mayor by the City Clerk no later than the next business day following
passage or adoption.
(2)
Approval or veto. The Mayor will return emergency
ordinances and resolutions to the City Clerk noting approval or the veto of the
legislation within four days of passage or adoption. The Mayor will return all
other ordinances to the City Clerk noting approval or the veto of the
legislation within seven days of passage or adoption.
(3)
Veto message. If the Mayor vetoes an ordinance or
resolution, the Mayor will attach to the ordinance or resolution returned to
the City Clerk a veto message explaining the reason or reasons for the veto.
(b) Consideration
by the Council of vetoed legislation.
(1) Docketing. Ordinances and resolutions
vetoed shall be returned to the City Clerk for docketing at the next regular
meeting of the Council.
(2) Motion to consider the veto. To consider
overriding a veto of the Mayor the Council shall act only upon a motion to
consider the veto. Legislation vetoed by the Mayor and returned to the Council
may not be amended by the Council. The question to override the veto of the
Mayor shall be in a form substantially as follows:
Shall [insert the
number of the ordinance or resolution] be enacted over the veto of the Mayor?
(3) Vote required. By an affirmative vote of eight
members the Council may override the veto of the Mayor, and the ordinance or
resolution will become effective.
(4) Time to override a veto. Unless the Council
overrides a veto of the Mayor at or before the second meeting of the Council
following passage of the ordinance or adoption of the resolution, the ordinance
or resolution shall not take effect.
(5) Mayor may not consider ordinance or resolution twice. The
City Clerk shall not provide to the Mayor for approval or veto an ordinance or
resolution passed or adopted over the veto of the Mayor. An ordinance or
resolution passed by the Council over the veto of the Mayor may not be vetoed a
second time.
(c) Approval.
Ordinances and resolutions shall become effective as provided by law.
Ordinances or resolutions passed or adopted over the veto of the Mayor shall
become effective immediately.
Sec. 505. Reconsideration of
rejected ordinances and resolutions at request of the Mayor.
(a)
Right to request reconsideration. Any ordinance or
resolution rejected by the Council, except an ordinance submitted to the
Council under the initiative, or an emergency ordinance, shall be reconsidered
upon request of the Mayor. Ordinances and resolutions subject to a request for
reconsideration shall be returned to the City Clerk within five calendar days
of the Councils rejection for docketing at the next regular meeting of the
Council. Pending the vote on the ordinance or resolution subject to
reconsideration, the ordinance or resolution shall be deemed neither adopted
nor rejected.
(b)
Action by the Council. The Council shall vote on the
reconsideration of the ordinance or resolution at the next regular meeting of
the Council following docketing of the Mayors request for reconsideration. The
presiding officer shall announce the issue as:
Shall [insert the
number of the ordinance or resolution] be enacted upon the request for
reconsideration of the Mayor?
(c)
Vote required. As many affirmative votes shall be required
for the passage of an ordinance or adoption of a resolution on reconsideration
as were required in the case of its original consideration.
(d)
Mayor may not request reconsideration of an ordinance or
resolution twice. An ordinance or resolution rejected upon the Mayors
request for reconsideration may not be subject to a second request for
reconsideration.
(e) Approval.
Ordinances passed and resolutions adopted on reconsideration at the request of
the Mayor shall become effective as provided by law.
Sec. 506 Sec. 599. Reserved.
ARTICLE VI. NOMINATIONS AND
ELECTIONS
Sec. 601. General laws to
apply.
All elections provided for by
this Charter, whether primary elections, elections for the choice of officials,
or elections for the submission of questions to the voters, shall be conducted
by the election authorities prescribed by law; and the provisions of the
election laws of the state shall apply to all such elections, except as
provision is otherwise made by this Charter or ordinance.
Sec. 602. Nominations
primary election.
(a) Filing
period. A person may submit to the City Clerk or election authorities a
nominating petition at least four (4) weeks prior to the date of the primary
election. The election authorities shall examine the petitions immediately as
to their sufficiency and at least ten (10) days before the date of the primary
election shall publish a notice in one or more daily newspapers, which notice
need not be published more than once, and which shall state therein the time,
the place and the candidates to be voted upon for the various municipal offices
at such primary election.
(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 circulators 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. 603. Non-partisan
election.
Elections for any City office will be non-partisan.
Sec. 604. Election dates.
(a) Regular
elections. The City will hold a general election on the fourth Tuesday
of March, and a primary election four weeks prior to the general election. The
next general election will be held on March 27, 2007, 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. 605. Results of elections.
(a) Primary election.
(1) General. The two candidates for Mayor, the two
candidates for at-large members of the Council, and the two candidates for
district Council members, 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, the candidate for member at large of
the Council from each district 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. 606 Sec. 699. Reserved.
ARTICLE VII.
INITIATIVE, REFERENDUM AND RECALL
DIVISION 1. INITIATIVE
Sec. 701. Initiative
petitions.
Any new ordinance or any
ordinance to amend or repeal, in whole or in part, any existing ordinance, may
be submitted to the Council by petition signed by electors of the City equal in
number to at least five per cent (5%) of the total vote cast for candidates for
the office of Mayor at the last preceding regular municipal election. Each
petition paper shall contain the proposed ordinance in full and all papers for
each petition shall be uniform in character.
Sec. 702. Action by Council.
Such petition described in
section 701 shall be examined by the City Clerk and if it be found sufficient
shall certify and submit the ordinance set forth therein to the Council at its
next meeting. If the Council fails to pass such ordinance within sixty days
after such submission, or passes it in a form different from that set forth in
the petition, the committee of petitioners hereinafter provided for may require
that it may be submitted to a vote of the electors in its original form. If the
committee of petitioners requires the submission of the proposed
ordinance to the electors, they shall so certify to the City Clerk within ten
days after the final action by the Council or expiration of the sixty-day
period.
Sec. 703. Election.
Upon receipt of such certification
the City Clerk shall certify the fact to the Council at its next regular
meeting. The Council shall thereupon submit the proposed ordinance to the
electors at the next available municipal or state election held not less than
thirty (30) days after such certification by the committee of petitioners for
which the City can lawfully provide required notices to the election
authorities without seeking a court order.
Sec. 704. Repeal of initiated
ordinances.
No ordinance adopted at the polls
under the initiative shall be amended or repealed by the Council within one
year of such adoption except by the affirmative vote of nine (9) members
thereof. Thereafter such ordinance may be amended or repealed as any other
ordinance.
Sec. 705 Sec. 709. Reserved.
DIVISION 2.
REFERENDUM
Sec. 710. Referendum petition.
Any ordinance passed by the
Council, except emergency measures, shall be subject to referendum of the
electors. If within forty (40) days after the passage of any such ordinance,
and subject to the provisions as to notice required by section 503(b)(2) of
this charter, a petition signed by electors equal in number to at least ten per
cent (10%) of the total vote cast for candidates for the office of Mayor at the
last preceding regular municipal election be filed with the City Clerk,
requesting that the ordinance or any part thereof be repealed or submitted to a
vote of the electors, it shall not take effect until the steps herein indicated
have been taken. Referendum petitions need not contain the entire text of the
ordinance, or of any entire section or sections thereof, the repeal of which is
sought, but the text of any portion, the repeal of which is so sought, less
than a complete section shall be set forth in such petition.
Sec. 711. Election.
The petition, and any
supplementary petition, shall be examined by the City Clerk and if found
sufficient by the Clerk, the Clerk shall certify that fact to the Council at
its next regular meeting and the ordinance or part thereof shall not go into
effect unless approved by the electors as hereinafter provided. Upon receipt of
the Clerk's certificate, the Council shall proceed to reconsider the ordinance
or part thereof and its final vote upon such reconsideration shall be upon the
question ``Shall the ordinance (or part of the ordinance) specified in the
referendum petition be repealed?'' If, upon such reconsideration by the
Council, such ordinance, or such part thereof, be not repealed, it shall be
submitted to the electors at the next available municipal or state election
held, not less than thirty (30) days after such final vote by the council for
which the City can lawfully provide required notices to the election
authorities without seeking a court order. If, when submitted to the electors,
any such ordinance, or such part thereof, be not approved by a majority of
those voting thereon, it shall be deemed repealed.
Sec. 712. Initiative and
referendum ballots.
Ordinances or parts thereof,
submitted to vote of the electors in accordance with the initiative and
referendum provisions of this Charter, shall be submitted by ballot upon which
there shall appear a ballot title, which may be the legal title of any such proposed
or referred ordinance or which may be a concise and unprejudiced statement of
the substance of such ordinance, or parts thereof, proposed to be repealed. The
ballots used in voting upon any such ordinance, or part thereof, shall have
below the ballot title thereof the two following propositions, one above the
other, in the order indicated:
For the
Ordinance
Against the
Ordinance
Any number of ordinances, or
parts thereof, may be voted upon at the same election and may be submitted on
the same ballot.
Sec. 713. Conflicting
ordinances.
If two (2) or more ordinances,
whether initiated or referred, be adopted or approved at the same election and
conflict in any of their provisions, only the ordinance receiving the highest
affirmative vote shall be deemed adopted or approved.
Sec. 714 Sec. 719. Reserved.
DIVISION 3. RECALL
Sec. 720. Recall petition
papers.
Any officer elected by the vote
of the people may be removed from office by the electors of the City or the
district thereof by which the officer was chosen. The procedure for effecting
such removal shall be as follows:
Any elector of
the City, or the district by which the officer sought to be removed was chosen,
desiring the removal of any such officer, may make and file with the City Clerk
an affidavit stating the name and office of the person whose removal is sought
and the grounds alleged for such removal. The Clerk shall thereupon deliver to
the elector making the affidavit copies of petition papers in proper form for
demanding such removal, printed copies of which the Clerk shall keep on file
for distribution as herein provided. If insufficient copies are furnished by
the Clerk, additional copies may be printed by the elector at the electors own
expense, and may be used as hereinafter provided.
Sec. 721. Filing recall
petition.
A petition demanding the removal
of any officer elected by the vote of the people shall be known as a recall
petition. A recall petition, to be effective, must be filed with the City
Clerk, or with the election authorities, within thirty (30) days after the
filing of the affidavit as provided in the next preceding section, and to be
sufficient, must bear the signatures of registered voters of the City or
district from which such officer was elected equal in number to at least twenty
per cent (20%) of the total vote cast therein for candidates for the office of
Mayor at the last preceding regular municipal election. A recall petition, if
insufficient as originally filed, may be supplemented as provided in this
article. The committee of petitioners hereinafter described shall have the
right, at their option, to file a recall petition either with the City Clerk or
with the election authorities of the City, and the City Clerk or the election
authorities, as the case may be, with equal force and effect, shall have the
power to certify as to the sufficiency of such recall petition.
Sec. 722. Recall election
ordered.
The City Clerk or election
authorities shall examine such recall petition and any supplementary petition,
and if found sufficient, the Clerk or they shall at once submit same to the
Council with the Clerk=s
or their certificate to that effect and shall notify the officer whose removal
is sought of such action. If the officer whose removal is sought does not
resign within five (5) days after such submission, the Council shall thereupon
order and fix a day for holding a recall election in the City or district from
which such officer was elected at the next available municipal or state
election held not less than forty-five (45) days after the petition shall have
been presented to the Council for which the City can lawfully provide required
notices to the election authorities without seeking a court order.
Sec. 723. Candidates to
succeed officer recalled.
Candidates to succeed any officer
whose removal is sought shall be placed in nomination by petition, signed,
filed and verified as provided for nominating petitions for a primary election,
except that each petition paper shall specify that the candidate named therein
is a candidate to succeed the particular officer whose removal is sought.
Sec. 724. Ballots in recall
election.
Ballots used at a recall election
shall conform to the following requirements:
With respect to the officer whose
removal is sought, the question shall be submitted: Shall (name of person) be
removed from the office of (name of office) by recall?. Immediately below such
question there shall be printed on the ballots the two following propositions,
one above the other, in the order here indicated:
For the recall
of (name of person)
Against the
recall of (name of person)'
Under the foregoing propositions
shall appear the words candidates to succeed (name of person) if recalled,
and beneath such words the names of candidates. Following the names of
candidates shall appear the directions to voters required to be printed on the
ballots for primary and regular municipal elections, insofar as they may be
applicable. A blank space shall be provided on the ballots below the printed
names of the candidates. In such space an elector may write the name of any
person eligible to the office, and a vote for such person shall be counted in
the same manner as votes for candidates whose names are printed on the ballots.
The name of the person whose removal is sought shall not appear on the ballot
as a candidate to succeed the officer.
Sec. 725. Result of recall
election.
Unless a majority of the votes
cast on the question of recalling an officer shall be for the officers recall
the officer shall continue in office for the remainder of the unexpired term,
but subject to recall as before. If a majority of such votes be for the recall
of such officer, the officer shall, regardless of any defect in the recall
petition, be deemed removed from office forthwith. In case an officer be
removed from office by recall, the candidate to succeed such officer who shall
have received the highest number of votes at such recall election, shall be
deemed elected and shall serve for the unexpired term unless sooner removed as
provided in this Charter, provided that the candidate received greater than 50%
of the votes. If no candidate received greater than 50% of the votes, the two
candidates receiving the greatest number of votes shall participate in a runoff
election held at the next available municipal or state election held for which
the City can lawfully provide required notices to the election authorities
without seeking a court order.
Sec. 726. Election when an
officer resigns.
If an officer, for whose recall
an affidavit has been filed with the City Clerk, and a petition for the
officers recall shall be filed within thirty days next thereafter, or for
whose recall a petition is submitted to the Council, shall resign within five
days after the filing of such affidavit with the City Clerk (when followed
within thirty days next thereafter by the filing of a petition for his recall),
or within five days after the submission of such petition to the Council, the
election shall be held as hereinbefore provided, except that the propositions
for and against the officers recall shall be omitted from the ballots and that
above the names of the candidates shall appear the words, candidates for
office of (name of office) to succeed (name of person) resigned. No vacancy
resulting from such resignation of an officer, after the filing of an affidavit
for recall, when following within thirty (30) days next thereafter by the
filing of petition for recall, shall be filled for the unexpired term by a
majority vote of the City Council or of the remaining members thereof, but such
vacancy shall be filled by election as hereinbefore provided.
Sec. 727. Limitations on
recall petitions.
No recall petitions shall be
filed against any officer within six (6) months after the officer takes office,
nor, in case of a member subjected to a recall election and not removed
thereby, until at least six (6) months after such election.
Sec. 728 Sec. 729. Reserved.
DIVISION 4.
INITIATIVE, REFERENDUM AND RECALL PETITIONS
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 from a district).
Signed________________________
Subscribed and
sworn to before me this ___ day of _________, ____.
____________________________
Notary Public
(Or other officer
qualified to administer oaths.)
Sec. 731. Filing petitions.
All petition papers comprising an
initiative, referendum or recall petition shall be assembled and filed with the
City Clerk or, if a recall petition, with the election authorities, as one
instrument. Each petition paper shall include as a part thereof a statement
giving the names and addresses of five electors of the city, who, as a
committee of petitioners, shall be officially regarded as filing the petition.
Within ten days after a petition shall have been filed, the Clerk, or the
election authorities, if a recall petition is filed with such authorities,
shall determine its sufficiency and shall attach thereto a certificate showing
the result of the Clerks or their examination. If the Clerk or they, as the
case may be, shall certify that the petition is insufficient, the Clerk or they
shall set forth in the certificate the particulars in which it is insufficient
and shall at once notify the committee of the petitioners of the Clerks or
their findings.
Sec. 732. Supplementary
petitions.
If the City Clerk, or the
election authorities, if a recall petition is filed with such authorities,
shall find an initiative, referendum or recall petition to be insufficient, the
committee of petitioners may at any time within ten (10) days after the making
of a certificate of insufficiency by the City Clerk, or by the election
authorities, if a recall petition was filed with such authorities, file a
supplementary petition upon additional papers as provided in case of an
original petition. The Clerk, or the election authorities, if a recall petition
was filed with such authorities, shall, within five (5) days after such a
supplementary petition is filed, make examination of such supplementary
petition, and, if the Clerks or their certificate shall show the petition, as
supplemented still to be insufficient, the Clerk or they shall file it in the
Clerks or their office and notify the committee of the petitioners of the
findings, and no further action shall be had on such insufficient petition. The
determination that any petition is insufficient shall not prejudice the filing
of a new petition for the same purpose. No technical rule shall govern the
determination of the sufficiency of such petitions or the signatures appealed
thereto, but the intent and the identity of each signer thereof shall be fairly
determined.
Sec. 733 Sec. 799. Reserved.
ARTICLE VIII.
BUDGET AND FINANCIAL PROCEDURES
DIVISION 1. BUDGET
Sec. 801. Fiscal year.
Unless otherwise provided by the
City Council, the fiscal year of the City shall begin with the first day of May
and end with the thirtieth day of April next following.
Sec. 802. Method of
accounting.
In the event accounting methods
other than a cash basis is authorized by State law, the Council may adopt by
ordinance procedures to implement an alternative accounting method. The Council
is authorized to modify by ordinance the reporting requirements of this Charter
to be consistent with a new accounting method.
Sec. 803. Annual budget
requests.
(a)
Budget requests. On or before the 15th day of November of
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. For each such division requests shall be itemized, with
at least the character and object of the expenditures proposed noted.
Sec. 804. Annual budget.
(a) Recommendations
of City Manager. An annual budget shall be prepared by the City
Manager or by such other officer as the City Manager may instruct so to do, and
shall be submitted to the Mayor not later than January 15.
(b) Items
included. The annual budget shall present the following information for
each current operating fund and each fund from which payment of interest and
principal of the bonded indebtedness is to be made:
(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 City Manager 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 the Mayor and
the Council.
(c) Transmittal
to the Council by the Mayor. The Mayor shall transmit to the Council
not later than the second regular meeting in February the annual budget
prepared by the City Manager, with any comments of the Mayor.
(d) Copies
of the proposed budget. Before submission to the Council, the City
Manager shall have prepared for public distribution, a reasonable number of
copies of the budget as submitted to the Mayor and Council.
(e) 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.
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 City Manager, and may add appropriations other than those
included in the budget submitted by the City Manager.
(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 Monday 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. 806. Temporary loans.
(a) The
Council, by two-thirds vote of its members, may authorize the Director of
Finance to borrow money from other city funds:
(1) to meet the operating and capital cash requirements of any
other fund in anticipation of the receipts from revenues for the current fiscal
year. All such loans shall be repaid on or before the due date out of the
receipts from revenues of the fiscal year in which they are incurred, and shall
become due within not more than nine months from the date of incurring the loan
obligation, and in no event beyond the end of the fiscal year in which made; or
(2) to finance capital improvements from anticipated receipts of
revenues for the current calendar year, plus any unencumbered balances from
previous years. All such loans shall become due within not more than nine
months from the date of incurring the loan obligation.
(3) Unless otherwise prohibited by law, the Council may by
ordinance authorize the borrowing of monies from the unreserved and
undesignated fund balances of a fund to meet the operating and capital cash
requirements of another fund, provided that the Council makes provision for
repayment within a designated time and provided that the repayment include
interest at a reasonable rate.
(b) The
Council, by two-thirds vote of its members, may authorize the Director of
Finance to borrow monies from non-city sources, using authority approved by the
voters or the City Council to finance capital improvements in anticipation of
issuing bonds to refinance the loan. All such loans shall become due within
not more than nine months from the date of incurring the loan obligation. The
City may not use revenues authorized for repayment of bonded indebtedness for
repayment of such loans unless the loan is made pursuant to voted authority.
Sec. 807. Debt and economic
incentive policies.
The Council shall enact by
ordinance a policy that reflects best practices for the prudent issuance,
management, and use of debt, including bonds, and the use of economic
incentives.
Sec. 808 Sec. 810. Reserved.
DIVISION 2. TAXATION AND SPECIAL ASSESSMENTS
Sec. 811. Property subject to
taxation.
All property within the
jurisdiction of the City subject to taxation under the constitution and laws of
Missouri, both real and tangible personal, including the goods, wares and
merchandise of all merchants doing business in the City, shall be included in the
assessment, equalization, levy, extension of the tax levy and collection of
City taxes. The Council may provide by ordinance for interest and penalties on
any delinquent taxes. The City, by ordinance, may, under authority of any
provision of the constitution or general laws of Missouri at the time existing,
exempt any class of property within its jurisdiction from taxation, either
wholly or by reduction of the rate thereon. Any taxation or exemption from
taxation shall be uniform upon the same class of subjects.
Sec. 812. Objects of Taxation.
The City may license, tax and
regulate all businesses, occupations, professions, vocations, activities or
things whatsoever not exempt by the statutes of Missouri.
Sec. 813. Earnings and profits
tax.
(a)
Earnings and profits tax authorized. Continuing the
authority of the City granted by the electorate in 1963, the City is authorized
to levy and collect, by ordinance, for general revenue purposes, an earnings
tax on the following:
(1) salaries, wages, commissions and other compensation earned by
its residents;
(2)
salaries, wages, commissions and other compensation earned by
non-residents of the City for work done or service performed or rendered in the
City;
(3)
net profits of associations, businesses or other activities conducted by
residents;
(4)
net profits of associations, businesses or other activities conducted in
the City by non-residents; and
(5)
net profits earned by all corporations as the result of work done or
services performed or rendered and business or other activities conducted in
the City.
(b) Limitation
on tax. The tax shall not be in excess of one percent per year.
(c) Calculation
of net profits or earnings. Net profits or earnings of associations,
businesses or other activities and corporations shall be ascertained and
determined by deducting the necessary expenses of operation from the gross
profits or earnings. The earnings or net profits subject to tax of any
non-resident individual, of any association or business conducted by
non-residents or of any corporation in any case in which the work done,
services performed or rendered, and business or other activities conducted, is
done, performed, rendered or conducted both within and without the City, may be
ascertained by formulae set forth in the ordinance enacted or prescribed by
rules or regulations adopted pursuant to the ordinance.
(d) Collection
and remission of tax. The City may impose upon the employer the duty of
collecting and remitting to the City any tax that may be levied upon the
earnings of employees and may prescribe penalties for failure to perform the
duty. Each employer shall be entitled to retain the percent allowed by law of
the total amount collected by the employer to compensate the employer for
collecting the tax.
(e) Wage
brackets. The ordinance may create wage brackets within which the tax
shall be uniform for taxpayers entitled to the same number of exemptions.
(f) Filing
state or federal tax returns with the City not required. The ordinance
shall not require any taxpayer to file copies of the taxpayers state or
federal income tax returns with any City officer, employee or other person
designated by the ordinance to collect or administer the tax.
Sec. 814. Special
Assessments.
The Council may provide for
levying, collecting and enforcing payment of special assessments for public
improvements or special tax bills evidencing such assessments.
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.
Sec. 816. Tax books and
records received as evidence.
The tax book and all other books
and papers made or kept by the Director of Finance, or any other officer, in
any manner relating to any tax, shall be received in all courts as evidence of
all the facts stated therein, and of the validity of the tax, costs, interest
and penalty therein appearing, and a copy of such parts of the aforesaid books
and papers as relate to the tax in question, certified to by the Director of
Finance or any other officer having the same in charge, shall be received in
evidence in like manner and with like effect.
Sec. 817. Fee taxed as costs
in suit.
A fee of ten percent of the
amount of the delinquent taxes and penalties shall be taxed up as costs to go
to the City in every suit for the collection of delinquent taxes under this
article or the ordinances implementing this article.
Sec. 818. Abatement and
reduction in valuation.
Unless otherwise provided by law,
no person or property shall be exempted or released from any burden imposed by
or according to law. No general or special tax or assessment, 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. After the levy
of any tax, neither the amount thereof nor the valuation of any property for
the levy shall be reduced except only in the correction of clerical errors.
Sec. 819. Error or delay.
No assessment of property or
charges for taxes thereon shall be considered illegal on account of any
informality in making the assessment, equalization, levy or extension, or in
the tax lists, or on account of the same not being completed or delivered
within the time required by law.
Sec. 820 Section 830.
Reserved.
DIVISION 3. BONDS.
Sec. 831. Issuing bonds.
The Council may incur debt and
issue general obligation, revenue, judgment, or other bonds, except to pay for
current expenses of the year of issue. In connection with the issuance of
waterworks, wastewater or airport revenue bonds, the City may acquire land and
facilities for waterworks, wastewater or airport purposes, within or without
the limits of the City.
Sec. 832 Sec. 835. Reserved.
DIVISION 4. AUDITS AND REPORTS
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 an external, independent auditor recommended by a committee of five
individuals. Such committee will include the Finance Director, Internal
Auditor, City Auditor and two financial experts selected from the community by
the City Manager. Financial experts will be individuals who have financial expertise
through education and experience as a public accountant or auditor or a
principal financial officer, comptroller, or principal accounting officer of an
issuer of audited financial statements.
(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 for the City
within thirty (30) days of completion of audit field work.
(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. Copies of such statements shall
be furnished to the City Manager and the Council, and at the same time each
department director shall be furnished a detailed statement of expenditures,
including encumbrances, and unencumbered balances for each appropriation for
the directors department.
(c)
Statement of revenues. The statement of revenues shall be
so classified as to show actual cash collected. It shall also show cash
collected on account of years preceding the current 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 on account of obligations
arising in years preceding the current fiscal year.
Sec. 838. Annual report.
The annual financial report of
the City for each fiscal year shall show for the year all the information
required by this section for the monthly reports, with comparisons with the
same items in the next preceding fiscal year, and such other information as may
be required by the Council, by the City Manager, or as the Director of Finance
may desire to present. The report shall be prepared by the Director of Finance
and shall be available for public examination.
Sec. 839 Sec. 899. Reserved.
ARTICLE IX. HUMAN RESOURCES
Sec. 901. Human Resources
Board
(a)
Board established. There is created a Human Resources
Board to consist of three members appointed by the Mayor to serve four year
terms and until a successor qualifies as a member of the Board.
(b)
Duties. The Human Resources Board shall
(1)
Appeals. Conduct de novo hearings on appeals on
demotions, suspensions, and termination of employment of regular employees in
the classified service;
(2)
Discipline. Sustain, diminish or increase employee
discipline, and impose any other orders it deems appropriate;
(3)
Rules. Adopt rules for the Boards operations.
(c)
Qualifications.
(1)
Requirements. Members of the Human Resources Board shall
be:
(A)
qualified electors of the City of Kansas City; and
(B)
known to be in sympathy with the merit principle as applied to the
classified service.
(2)
Prohibitions. Members of the Human Resources Board shall
not be, or have been within the four years next proceeding the date of an
appointment:
(A)
a candidate for any public office;
(B)
an elected or appointed member of a local, state or national committee
of any political party or active member of any partisan political club or
organization;
(C)
a salaried public officer; or
(D)
paid worker in any political party.
(d)
Chair. The Board shall name one of its members as chair.
(e)
Secretary. The Director of Human Resources shall act as
secretary of the Board.
(f)
Removal. The Mayor may remove a member of the Board only
upon charges of nonfeasance, malfeasance or misfeasance in office, and after a
public hearing to be held before the Mayor, not less than ten days after notice
to the member so charged, accompanied by a statement in writing of the specific
acts charged. At the hearing the member may be represented by counsel and shall
be entitled to present witnesses in defense.
Sec. 902. Classification of
municipal service.
The municipal service of the City
shall be divided into the unclassified service and the classified service.
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;
(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; and
(j) Assistants
to elected officials not otherwise members of the classified service.
Sec. 904. The classified
service.
The classified service shall
comprise all positions in all departments and offices not specifically included
in the unclassified service.
Sec. 905. Human Resources
rules.
(a) Director
to establish rules. The Director of Human Resources will, subject to the
approval of the City Manager, make rules relating to the classified service to
provide at least the following:
(1)
Classification of positions. For the classification of all
positions in the classified service. The classification shall be based upon and
graded according to duties and responsibilities and so arranged as to permit
the filling of higher grades through promotion;
(2)
Examinations and tests. For examination or tests, when
deemed appropriate by the Director of Human Resources, upon public notice, to
ascertain the relative fitness of applicants for appointment to the classified
service of the City. Such examinations and tests shall be practical and shall
relate to matters which will fairly measure the relative fitness of the job
applicants to discharge the duties of the positions to which they seek to be
appointed;
(3)
Qualifications of applicants. For determining if job
applicants meet the minimum qualifications for the position for which they have
applied;
(4)
Rejection of applicants. For the rejection of candidates
who fail to comply with or meet the minimum qualifications for the position;
(5)
Transfers. For transfer from a position to a similar
position in the same class and grade;
(6)
Probation. For a period of probation not exceeding six
months after which a person becomes a regular employee.
(7)
Appointment of unskilled laborers. For the appointment of
unskilled laborers after such post-offer tests of physical agility as the Human
Resources Director may prescribe; and
(8)
Records. For keeping of records of efficiency and
seniority of all officers and employees of the classified service, such records
to be based upon investigation by the Human Resources Director and upon reports
from appointing officers.
(b) Administration
of Human Resources rules. The Human Resources Director will supervise
the execution of the provisions of this article and rules established to
implement the classified system.
(c) Compliance
with rules. All persons in the public service of the City will comply with
the Human Resources rules and aid in their enforcement.
Sec. 906. Compensation.
(a)
Compensation fixed. The Council shall establish a schedule
of compensation for employees in the municipal service.
(b)
Uniform compensation and schedule of compensation. In the
classified service, the Council shall provide uniform compensation for like
service as determined by the grading and classification of the Human Resources
Director. Such schedule of compensation may establish a minimum and a maximum
for any class, and any other benefits. An increase in compensation within the
limits provided for any class may be granted by the City Manager or other
appointing authority upon the basis of efficiency and seniority records,
subject to such rules and regulations as may be established.
(c)
Employee authorizations. A schedule of the maximum number
of employees in each class shall be prepared for each department by each
department director, subject to the approval of the City Manager. Any such
schedule may be amended, or a new schedule prepared, by the department
director, subject to such approval.
Sec. 907. Removal, demotion or
suspension; employee's right of review by Human Resources Board.
(a)
Review of employee discipline. Any regular employee in the
classified service of the City removed, suspended or demoted by an appointing
authority may request a hearing before the Human Resources Board to have the
action of the appointing authority reviewed in a de novo hearing.
(b)
Procedure to demand review. A written request for a
hearing by the Board must be filed with the Director of Human Resources within
ten calendar days after notice has been issued of the removal, suspension or
demotion.
(c)
Hearing by the Board. Hearings by the Board to review
removals, suspensions, or demotions shall be conducted under the Boards rules
and regulations, and when permitted by law shall be closed. The Director of
Human Resources shall make such investigation and reports as the Board may
direct. The board may inquire into all the facts and circumstances pertaining
to such removal, suspension, or demotion of an employee and for that purpose
may administer oaths, compel the production of books and papers by subpoenas duces
tecum and compel the attendance of witnesses by subpoena at the request of
either the employee involved, the appointing authority or any member of the
Board.
(d)
Actions of the board.
(1)
Wrongful action by the appointing authority or unreasonable
discipline. If the Board decides by the greater weight of the evidence
that the employee was wrongfully discharged, suspended, or demoted, or that the
discipline administered was too severe, it may, within its sole discretion and
with or without total or partial loss of pay,
(A) Reinstatement to former position. Reinstate the
employee in the employees former position;
(B)
Reinstatement to vacant position. If consented to by the
appointing authority, reinstate the employee to some other vacant position;
(C)
Reinstatement within classified service. Direct the
appointment of the employee to such other vacant position in the classified
service of the same or equivalent class or grade as the previous position; and
(D)
Additional orders. Make such other orders as the Board may
deem necessary to effectuate the purposes of the provisions of this section.
(2)
Appropriate action by the appointing authority or insufficient
discipline. If the Board determines that the greater weight of the
evidence does not show that the employee was wrongfully discharged, suspended,
or demoted, or that the discipline administered was insufficient, it may,
within its sole discretion:
(A) Affirm action. Affirm the actions of the
appointing authority;
(B)
Increase discipline. Modify the actions of the appointing
authority by increasing the discipline; or
(C) Additional orders. Make such other orders as the
Board may deem necessary to effectuate the purposes of the provisions of this
section.
(e)
Report of the Board. The Board shall report all decisions
in writing to the Director of Human Resources, to the appointing authority and
to the employee involved.
(f)
City Managers review.
(1)
Review authorized. All decisions of the Board are subject
to review by the City Manager. The City Manager may affirm, change, modify or
reverse decisions of the board. The City Manager will notify, in writing, the
Human Resources Board, the Director of Human Resources, the appointing
authority and the employee.
(2)
Procedure for review. No review shall be made by the City
Manager of any decisions of the Human Resources Board except on the record of
such proceedings and unless a written request for review is made of the City
Manager by the employee or appointing authority involved, within ten calendar
days after the mailing of written notification of the decision of the Board to
the employee or appointing authority. The party requesting the review shall
provide the transcript and exhibits to the City Manager.
(3)
Appointing authority may not seek review in all situations.
A decision of the board shall be final and conclusive in each case where the
Board finds an employees removal, suspension or reduction in rank was
influenced or caused by either the religious or the political opinions or affiliations
of the employee.
(g) Sufficiency
of notices. All notices required to be given under the provisions of
this section shall be deemed sufficient if delivered in person or if mailed to
the last known post office address of the employee or appointing authority
involved. Notices shall be deemed delivered when personally delivered or when
placed in the mail.
Sec. 908. Restrictions and
forfeiture of employment.
(a)
Political solicitation in work areas. No officer, agent or
employee of the City shall permit any political solicitation in any building or
room occupied for the discharge of official duties of the City, unless the
building or room is operated for use of the public.
(b)
Freedom from political pressures. No employee of the City
shall promote, remove or reduce any other employee, or promise or threaten to
do so, for withholding or refusing to make any contribution for any political
party or purpose, or for refusal to render any political service, and shall not
directly or indirectly attempt to coerce, command or advise any employee to
make any contribution or render any service.
(c)
Interference in elections. No employee of the City shall
use official authority or influence for the purpose of interfering with any
partisan election or any nomination for office, or affecting its result.
(d)
Religious and political matters irrelevant to employment matters.
No questions in any examination shall relate to political or religious opinions
or affiliations, and no appointment, transfer, layoff, promotion, reduction,
suspension or removal shall be affected or influenced by such opinions or
affiliations.
(e)
Interference with the classified system. No persons shall
make any false statement, certificate, mark, rating or report with regard to
any application, test, certification or appointment or in any manner commit or
attempt to commit any fraud preventing the impartial execution of the Human
Resources system.
(f)
No payment for employment opportunities. No person shall,
directly or indirectly, give, render, pay, offer, solicit or accept any money,
service or other valuable consideration for or on account of any appointment,
proposed appointment, promotion or proposed promotion to, or any advantage in,
a position in the service of the City.
(g)
Interference with examinations or qualifications. No
employee of the Human Resources department, examiner or other person shall
defeat, deceive or obstruct any person in the persons right to examination,
eligibility, certification, appointment or promotion, or furnish to any person
any special or secret information for the purpose of affecting the rights or
prospects of any person with respect to employment.
(h) False
information in employment application. No employee or applicant for
employment shall make a false statement on any application for employment.
(i) Forfeiture
of employment. Any employee of the City who violates any of the
provisions of this section shall be discharged forthwith from the City service.
It shall be the duty of the person or persons with authority to discharge, to
discharge such offending person at once. Any elector of the City may bring suit
to restrain the payment of compensation to any such offending employee and as
an additional remedy any such elector may also obtain a writ of mandamus to
compel the dismissal of the offending employee. Employees discharged by an
elector's mandamus, shall have no right of review of the action before the
Human Resources Board. Any person dismissed under this section shall be
ineligible for appointment to any position in the service of the City for a
period of five years.
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 appointive officer or employee of the City may
hold an office inconsistent with the persons municipal duties.
Sec. 910 Sec. 999. Reserved.
ARTICLE X. PARKS AND RECREATION
Sec.
1001. Board of Parks and Recreation Commissioners.
(a)
Board established. The Board of Parks and Recreation
Commissioners shall consist of five members appointed by the Mayor to serve
during the term for which the Mayor shall have been elected and until their
successors are appointed and have qualified. One of the members shall be
designated by the Mayor as president of the board.
(b)
Removal. A member may be removed by the council upon
recommendation of the Mayor.
(c) Duties. The Board of Parks and Recreation Commissioners shall
directly superintend, control, manage, develop and extend all parks, parkways,
boulevards and other properties and resources as assigned by the City Council
upon recommendation of the Board.
(d) Secretary.
The Board of Parks and Recreation Commissioners shall appoint a
secretary to hold office at the will of the Board to keep a record of the
proceedings of the Department, and of all official declarations, resolutions,
orders and recommendations of the Board, as such.
Sec. 1002. Board meetings.
The Board of Parks and Recreation
Commissioners shall hold a public business meeting at least once each month.
Sec. 1003. Parks within or
without the city.
(a)
Geographic distribution of parks. The Board of Parks and
Recreation Commissioners shall provide for, improve, develop and maintain
parks, parkways and boulevards suitably distributed throughout the City as the
needs of the City and its component parts may require.
(b)
Acquisition of parkland. The Board of Parks and
Recreation Commissioners may purchase or otherwise acquire in the name of the
City, with the authority of the City Council, the necessary parkland and
property rights. The City Council may provide for the purchase, condemnation or
acquisition of property within or without the City for parks, parkways,
boulevards and other highways, and to establish and improve the property,
including the establishment of park districts. Payment for any such property
within or without the city limits may be made out of the general fund or by the
issue and sale of bonds of the City or by special assessment upon real estate,
within the City, benefited by such acquisition, or otherwise as may be
recommended by the Board and provided by ordinance.
Sec. 1004. Lands dedicated to
parks and boulevards forever.
(a)
General. The lands obtained for park, parkway or boulevard
purposes shall remain forever parks, parkways, and boulevards for the use of
all inhabitants of the City.
(b)
Removal from system. If any property is determined by the
Board of Parks and Recreation Commissioners to be no longer necessary or
appropriate for park, parkway, or boulevard use, such property may be removed
from the park system by a vote of the people.
Sec. 1005. Maintenance tax.
(a) Annual
assessments. All real estate, exclusive of improvements thereon
may, upon recommendation of the Board of Parks and Recreation Commissioners, be
specially assessed annually for maintaining, adorning, constructing, repairing
and otherwise improving the parks, parkways, roads and boulevards, and park
facilities or portions thereof, which are under the management of the Board of
Parks and Recreation Commissioners.
(b) Park
and Boulevard Special Maintenance Fund established. The funds so
assessed and collected shall be known as the Park and Boulevard Special
Maintenance Fund, which will reflect the establishment of any park districts.
(c) Basis
for assessments. Assessments may be made according to the valuation and
assessment made or used for taxation for city purposes of real estate,
exclusive of improvements thereon, provided, that any real estate, exclusive of
improvements, which shall not be listed in the assessment books used for
taxation for general city purposes, may, by order of the Council, be listed and
valued for the purposes of this assessment.
(d) Maximum
assessments. Annual assessments authorized by this section shall never
exceed in any one year five mills upon each dollar of valuation.
(e) Lien.
Every assessment shall be made and collected as provided by ordinance
and shall be a lien on the property charged from the date of taking effect of
the ordinance making the levy.
(f) Penalties,
interest and collection. The Council may provide penalties and interest
for the failure to pay such assessments when due and may provide for the sale
of the property assessed to satisfy said assessments.
Sec. 1006. Vehicle license
taxes.
(a)
Use of tax. Subject to the right of the City Council to
appropriate not to exceed three percent thereof to the firemen's pension fund,
all sums derived from license taxes collected by the City for licenses upon all
vehicles of every kind and class licensed by the City shall be appropriated and
used exclusively for maintaining, adorning, constructing, repairing, renovating
and otherwise improving, in whole or in part, the parks, parkways, boulevards,
highways, or other facilities, which belong to the City, and are under the
control and management of the Board of Parks and Recreation Commissioners.
(b)
Duty of Director of Finance. The Director of Finance from
time to time as the license taxes are collected and paid into the City
treasury, will credit the taxes to the Park and Boulevard Special Maintenance
Fund.
Sec. 1007. Front foot
assessments.
(a) Annual
levy. The Council may, upon recommendation of the Board of Parks and
Recreation Commissioners, and for the purpose of maintaining, repairing and
otherwise improving the boulevards, parkways, roads and other highways under
the control and management of the Board, levy by ordinance annually, a special
assessment on the lots, tracts and parcels of land abutting on boulevards,
parkways, roads and highways under the Boards control.
(b) Maximum
levy. No annual assessment shall exceed the sum of one dollar per
abutting foot of lands on the boulevards, parkways, roads and highways.
(c) Lien.
Every assessment shall be a lien on the property charged from the date of the
enactment of the ordinance making the levy and shall be enforced and collected
in the manner provided by ordinance. The City Council may provide for penalties
for the failure to pay assessments when due, and may provide for the sale of
property assessed to satisfy the assessments.
Sec. 1008. Disbursement of
park funds.
The Board of Parks and Recreation
Commissioners may expend money belonging to the park district funds, or
appropriated to the Parks and Recreation Department from the general fund, or
available from any other source, for the construction or maintenance of parks,
parkways, boulevards, roads or other public property under its control.
Sec. 1009. Gifts.
Real or personal property, or the
income from such property, may be granted, bequeathed, devised or conveyed to
the City for the purpose of the establishment, improvement or ornamentation of
parks, parkways or boulevards, or for the establishment or maintenance in any
park, or zoological, horticultural or other gardens, observatories, monuments
or works of art, or other park purposes, upon such terms and conditions as may
be prescribed by the grantors or donors and agreed to by the City Council and
the Board of Parks and Recreation Commissioners. Real estate may be devised or
conveyed to the city for the purpose of establishing or making additions to
parks, parkways or boulevards, or additions, upon conditions, including
exemption from the payment of benefits or assessments for local improvements,
as may be prescribed by the grantors or donors; provided, that the location of
the real estate be acceptable and the conditions of the conveyance be agreed to
by the City Council and the Board of Parks and Recreation Commissioners.
Sec. 1010. Use of parks.
The Board of Parks and Recreation
Commissioners is hereby authorized to license or lease any land, building, or
parts thereof in any park for any public park and recreation purposes to any
person undertaking to serve that purpose, in the manner provided by this
Charter, and may grant concessions in a park or park facility for the sale of
refreshments, recreational services, and for other park and recreational
purposes to the public using the same, upon terms and under regulations as the
board may prescribe; provided however, that the sale of spirituous, vinous, or
malt liquors or other intoxicating beverages shall only be permitted within any
park, parkway or public ground under the control and management of the Board or
at special permitted events by civic, religious, school, service, fraternal,
patriotic, political or professional clubs or organizations, provided they have
secured all other required permits, or at other locations as prescribed by the
Board. No concession shall be for a longer term than twenty years. No
concession shall be granted for any purpose not within the objects for which
such parks, squares, grounds or buildings are held by the city; and in every
license, lease or concession the board shall reserve the right to enter at all
times into and upon the premises so demised, and any breach of any license or
lease entered into under this section, or any violation of the provisions of
this section, shall be sufficient ground for the termination of the lease at
the option of the Board.
All monies derived from any
licenses, leases or concessions or from the sale of the products obtained from
any park, or of any personal property in use by, or belonging to the Parks and
Recreation Department, shall be paid into the treasury of the City, and be
credited to the Parks and Recreation Department funds designated by the Board
and be used and expended by the Board for park purposes, and none other.
Sec. 1011 Sec. 1099. Reserved.
ARTICLE XI.
BOARDS AND COMMISSIONS
DIVISION 1. CITY
PLAN COMMISSION
Sec. 1101. Commission
established.
There shall be a City Plan
Commission consisting of eight members appointed by the Mayor to serve terms of
four years beginning on the first day of the fiscal year in the year the
appointment is made. In addition, the City Manager, President of the Board of
Parks and Recreation Commissioners, Director of Public Works, and Director of
the Water Services departments shall be advisory members without a vote. The
Mayor shall designate one member as chair.
Sec. 1102. Duties.
(a) Planning.
The Commission shall have power to prepare or recommend plans for:
(1)
The location, extension, vacation, widening, construction, or
improvement of streets, trafficways, boulevards, parks, playgrounds, community
centers, other recreation facilities, public buildings, bridges, viaducts and
subways;
(2)
A system or systems of widening and opening various through streets so
as to relieve traffic congestion;
(3)
Matters of transit and transportation;
(4)
Districting and zoning the City as to the use to which property may be
put, and regulating the height, area and use of buildings and premises;
(5)
The improvement of the river front and flood protection;
(6)
The supervision and regulation of platting and opening subdivisions;
(7)
The future physical development of the City.
(b) Legislation.
The Commission shall recommend state and municipal legislation as may be
necessary to carry out its plans.
Sec. 1103. Zoning.
The Commission shall have power
to prepare plans, reports and ordinances and to make recommendations relating
to the exercise of zoning powers, including the following:
(a)
Division of the City into districts and for each district the imposition
of regulations, restrictions, or prohibitions designed to promote the public
health, safety, convenience, comfort, morals, prosperity or general welfare;
(b)
Erection of buildings and other structures and of premises to be used
for trade, industry, residence or other specified purposes;
(c)
Designation of the kinds or classes of trade, industries, residences or
other purposes for which buildings or other structures or premises may be
permitted to be erected, constructed, reconstructed, altered, repaired or used;
(d)
Regulation and limitation on the height and bulk of buildings and other
structures; and
(e)
Regulation of building lines and limiting the percentage of lot
occupancy and regulating and limiting the area of courts and other spaces.
Sec. 1104. Reports on
ordinances.
The City Council, by ordinance,
may provide for Commission comments on specified ordinances. The Commission may
make to the Council a report or suggestion in relation to such ordinances.
Sec. 1105 Sec. 1110.
Reserved.
DIVISION 2. BOARD OF ZONING ADJUSTMENT
Sec. 1111. Board established.
A Board of Zoning Adjustment
shall be established according to the requirements of the laws of Missouri.
Sec. 1112. Duties.
(a)
Duties. Subject to the provisions of state law, and in
addition to applicable duties provided by law, the Board of Zoning Adjustment
shall have power to:
(1)
Determine and vary the application of the regulations, restrictions,
prohibitions and limitations contained in a zoning ordinance;
(2)
Hear and decide appeals from and review any order, requirement, decision
or determination made by any administrative officer charged with the
enforcement of any zoning ordinance; and
(3)
Perform such other duties and exercise such other powers as may be
prescribed by ordinance or statute.
(b)
Procedures. The procedure before the board and the
authority exercised by it shall be as provided by law. Every decision of the
board shall be subject to review in the manner and with the effect provided by
law.
Sec. 1113 Sec. 1115.
Reserved.
DIVISION 3. MUNICIPAL OFFICIALS AND OFFICERS ETHICS COMMISSION
Sec. 1116. Commission
established.
There is created a Municipal
Officials and Officers Ethics Commission of seven members appointed by the
Mayor, with at least one member residing in each Council district to serve a
four year term and until a successor is appointed. One member shall be named by
the Mayor as chair. No members of the Commission shall hold any other public
office or be a candidate for any public office, or be an elected or appointed
member of any local, state or national committee of any political party, or an
active member of any political party or active member of any partisan or
nonpartisan political club or organization.
Sec. 1117. Duties.
(a)
Advisory opinions. The Commission shall have the power and
duty to render advisory opinions and to investigate and report on allegations
of violations of the City's Charter and ordinances concerning conflict of
interest and financial disclosure by members of the City Council, including the
Mayor, the City Manager, the City Managers assistants, department directors,
the City Clerk, and the City Auditor, and appointed officers of City boards and
commissions. The Commission with the concurrence of at least four members may
issue advisory opinions upon the written request by any member of the City
Council or the Mayor, the City Manager, the City Managers assistants,
department Directors, the City Clerk, the City Auditor, and appointed officers
of City boards and commissions, and persons employed by the City not otherwise
subject to review by an administrative ethics committee. Advisory opinions may
also be rendered to address possible conflicts of interest if a person assumes
a public office.
(b)
Investigations.
(1)
Authority. The Commission, with the affirmative vote of at
least four of its members, upon the sworn complaint of any resident of the City
or upon their own initiative, may investigate any alleged violation.
(2)
Availability of witnesses and evidence. The Commission
shall have the power to examine witnesses under oath or affirmation and the
power to subpoena all documents and persons necessary for their investigation.
(3)
Procedure.
(A) Notification to the person. The Commission
shall, upon receiving such sworn complaint, or following their own affirmative
vote to consider an investigation, notify the municipal official or officer, in
writing, of the nature of the alleged complaint.
(B)
Response of the person. The municipal official or officer
shall be given at least ten days to provide the Commission with such
information as the official deems appropriate to explain or justify the
circumstances.
(C)
Decision to continue investigation. Thereafter, the
Commission may, by an affirmative vote of at least four members, proceed to
commence an investigation for the purpose of producing a final report and
recommendations on the matter.
(D)
Hearing. At the request of the municipal official or
officer, the Commission shall hold a hearing where the municipal official or
officer can provide evidence and testimony and examine any other witnesses
called to testify.
(E)
Response of the person. Prior to the issuance of its final
report and recommendations, the Commission shall provide an opportunity for the
municipal official or officer to respond to the report and recommendations.
Sec. 1118. Staff.
The Commission may call upon the
City Attorney, the City Auditor or any other appropriate public officer to
assist them in their investigation. Contingent on the availability of funds,
the Commission may utilize outside counsel or staff if it is reasonable and
necessary to properly complete its work.
Sec. 1119. Records.
(a) Closed
records. When permitted by the Missouri law applicable to open meetings
and records, and in recognition of the following factors, meetings and records
of the Commission in connection with an investigation or advisory opinion shall
be closed to the public:
(1) The information to be presented or to be discussed at the
meeting or the records may involve persons other than the municipal official or
officer who are not under investigation and disclosure of such information may
be harmful to such persons; or
(2)
The information to be presented or discussed or the records may involve
matters which if publicly disclosed might be adverse to the best interests of
the City.
(b) Review
of closed records. Information closed under this provision shall be
reviewed annually to determine if it may be opened to public inspection.
(c) Open
records. The Commission may, upon the affirmative vote of four members,
open a meeting or records under the following circumstances:
(1) The municipal official or officer who is subject to such
investigation requests an open meeting or record and the Commission determines
that such action would not be adverse to the public interest; or
(2) The Commission makes a determination after an investigation
that a violation of the Charter or ordinance has occurred in which event a
final report on the investigation shall always be an open record.
Sec. 1120. Removal.
Commission members may be removed
for cause, for ceasing to hold the qualifications to serve, refusal to serve,
or malfeasance in office. Removal shall be by quo warranto.
Sec. 1121. Nonseverability.
If any part of this division is
declared invalid by an appellate court of this state, it is the express intent
that the division be deemed totally invalid.
Sec. 1122 Sec. 1125.
Reserved.
DIVISION 4. BOARD OF TRUSTEES OF CITY TRUSTS
Sec. 1126. Board established.
There is created and established
an eleven member Board of Trustees of City Trusts. The Mayor shall appoint ten
members and shall serve, ex officio, as president of the Board.
Sec. 1127. Duties.
(a)
Acceptance and administration of property. The Board of Trustees
of City Trusts may accept and administer for the benefit and on behalf of
Kansas City all kinds of property, real, personal and mixed, whether situated
within or without the corporate limits of Kansas City, acquired by gift,
devise, bequest or otherwise to promote and aid charity, health, science, art,
respect for and observance of law, civic pride and patriotism, national or
state pride and patriotism, and all other civic or governmental purposes and
objects which, in the opinion of the Board of Trustees, will contribute to the
general welfare of Kansas City and its inhabitants.
(b)
Reject property. The Board of Trustees may reject any
property, if, in its opinion, the acceptance would not promote and aid the
purposes and objects to be furthered by the Board.
(c)
No power to obligate the City. The Board of Trustees shall
have no power or authority to obligate the City to any expense or create any
liability against it, without the consent of the Council.
Sec. 1128. Staff.
The City Clerk shall be
ex-officio the secretary of the Board of Trustees and shall keep and be the
custodian of all minutes of proceedings, books, accounts, records, documents
and all other papers and records of the Board of Trustees. The City Attorney
shall provide legal counsel.
Sec. 1129. Rules.
(a)
Quorum. Seven members shall constitute a quorum.
(b)
Actions of the board. No act or action of the Board of
Trustees shall be valid or effective without the concurrence of at least seven
members thereof, except as otherwise provided.
(c)
Adoption of rules. The Board shall adopt and enter upon
the minutes of its proceedings, rules, regulations and by-laws in furtherance
of the Boards duties and to insure the systematic, accurate and efficient
administration of the trusts.
Sec. 1130. Control of trust
property.
(a) Conformity
with the donors intentions. All trust property shall be under the sole
and complete control and management of the Board of Trustees of City Trusts and
shall be administered in conformity to the express authority of the donor.
(b) Modification
of the trust. If and when the purpose or object for which any trust was
created shall have been fulfilled or the further use of the property for the
purpose or object for which the trust was created is impossible, unnecessary,
undesirable, impracticable or not substantially beneficial, then the board of
trustees may, by a vote of not less than nine members, modify the trust and the
purpose and object thereof and direct the application of such trust property to
such other purpose and object as will most effectually accomplish the purposes
and objects to be furthered by the board.
(c) Council
approval. Any modification and application must be approved, before
becoming effective, by the City Council.
(d) Power
to modify incorporated into all trusts. All deeds, conveyances, wills
and instruments creating trusts shall be deemed to have been made, executed,
delivered and accepted subject to and in recognition of such power of
modification of the purposes and objects to be furthered by the board, and of
the application of the trust property to such other purposes and objects in the
manner provided.
Sec. 1131. Coordination with
community trusts.
The rules, regulations and
by-laws of the board of trustees may, from time to time, with concurrence of
nine of the trustees, provide for the coordination of its duties and activities
with the duties and activities of such community trust or foundation as may be
formed in Kansas City for similar purposes and objects.
Sec. 1132. Reports to be
published.
The board of trustees shall cause
to be made and published annually a full and complete report of the management
and financial condition of all trusts, to be filed in the office of the City
Clerk.
Sec. 1133 Sec. 1135.
Reserved.
DIVISION 5. MUNICIPAL ARTS COMMISSION
Sec. 1136. Commission
established.
There shall be a Municipal Art
Commission consisting of the Mayor or the Mayors designee, who shall be its
chair, and the chair of the City Plan Commission or another member of the City
Plan Commission designated by the chair of the City Plan Commission,
ex-officio, the President of the Board of Parks and Recreation Commissioners or
another member of the Board of Parks and Recreation Commissioners designated by
the president of the Board of Parks and Recreation Commissioners, ex-officio,
and six other members and six alternate members appointed by the Mayor for
terms of four years, who shall be persons competent to determine the artistic
value of works of art.
Sec. 1137. Approvals required.
(a)
Property of the City. No work of art shall become the
property of the City, by purchase, gift or otherwise, unless such work of art
or a design, copy or likeness is approved by the Commission.
(b)
Public property. No work of art shall be contracted for,
erected or placed in or upon, or allowed to extend over or upon any street,
avenue, square, park, public building, or other property belonging to the City,
unless such work of art or a design, copy or likeness is approved by the
Commission.
(c)
Public Works. Unless its approval is dispensed with by the
Council, the designs of buildings, bridges, viaducts, approaches, gates,
fences, lamps or other structures erected or to be erected upon land belonging
to the City, and arches, bridges, structures and approaches which are the
property of any corporation or individual, and which shall extend upon any
street, avenue, highway, park or property belonging to the City shall be
subject to the approval of the Commission. The failure to secure the
Commission's approval of such design shall in no case invalidate any public
improvement proceeding.
(d)
Removal, relocation or alteration. No existing work of art
owned by the City shall be removed, relocated or altered in any way without the
approval of the Commission
(e)
Not required for private display. Such approval shall not
be required for the placing of works of art, not owned by the City, within
public museums, art institutes and similar buildings.
Sec. 1138. Time of approval.
(a)
Timely consideration required. If the Commission fails to
act on any matter submitted to it within thirty days, the submission shall be
deemed approved.
(b)
City Manager request for consideration for removal or relocation. In
case the prompt removal or relocation of any existing work of art is deemed
necessary by the City Manager, the Commission shall within ten days after
notice from the City Manager approve or disapprove the removal or relocation,
and in case of its failure to so act within such time after the receipt of the
notice, it shall be deemed to have approved the removal or relocation.
Sec. 1139. Meaning of term
work of art.
The term work of art shall
apply to and include all paintings, mural decorations, stained glass, statues,
bas-reliefs, tablets, sculptures, monuments, fountains, arches or other
structures of a permanent character intended for ornament or commemoration.
Sec. 1140. Member
disqualified.
Any appointed member of the
Commission who shall be employed by the City to execute a work of art or
structure of any kind requiring the approval of the Commission, or who shall
take part in any competition respecting such work of art or structure shall be
disqualified from participating in the consideration of any matter involving
the work.
Sec. 1141 Sec. 1199. Reserved.
ARTICLE XII. GENERAL MATTERS
Sec. 1201. Kansas City a
continuous body politic.
Kansas City is declared to be a
continuous and uninterrupted body politic and corporate under each and all the
successive Charters and amendments from the original incorporation of the City
of Kansas and Kansas City, as well as under this Charter.
Sec. 1202. Ordinances and laws
to remain in force.
All ordinances, regulations and
resolutions in force at the time this Charter takes effect, and not
inconsistent with the provisions of this Charter, shall remain and be in force
until altered, modified or repealed by or under authority of this Charter or
ordinance.
Sec. 1203. Code of ethics.
The City Council shall enact a
code of ethics applicable to all elected officials, appointed officers, and
employees of the City.
Sec. 1204. Officers having
definite terms.
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.
Sec. 1205. Removal of board
members.
(a) Council
action. Members of boards and commissions, provision for whose removal
is not otherwise made, may be removed by the Council upon recommendation of the
Mayor.
(b) Automatic
forfeiture. Persons convicted of a felony or persons found guilty or
entering pleas of guilty or nolo contendere to a felony under the laws
of the United States or of any state, subsequently followed by the suspended
imposition of sentence, shall automatically forfeit their position as a member
of a board or commission upon conviction or plea of guilty or nolo
contendere.
Sec. 1206. Certificate and
oath of office.
Before entering upon the duties
of office, every official shall file with the City Clerk a certificate of
election or appointment, and shall take and subscribe before, and file with the
City Clerk, an oath or affirmation that the person possesses all the
qualifications for the office to which chosen, and is not subject to any of the
disqualifications in this Charter named, will support the constitution and laws
of the United States and of the State of Missouri, will observe the provisions
of this Charter and ordinances of Kansas City, and will faithfully discharge
the duties of the office.
Sec. 1207. Compensation of
officials, officers.
(a)
Fixed by ordinance. The salary or compensation of
officials and officers of the City shall be fixed by ordinance except as
otherwise expressly provided in this Charter.
(b)
No increase or decrease during a term of office. The salary
of no official elected or officer appointed for a definite term shall be
increased or diminished during the term for which the person was elected or
appointed.
(c)
Fees. All fees pertaining to any office shall be paid into
the City treasury.
Sec. 1208. Franchises and
permits
(a) Grant
of franchises and permits. Subject to the limitations of state law, the
City may by ordinance grant a franchise or permit for the construction and
operation of a public utility or other similar business, including common
carriers, in the streets and public grounds of the City. The City may prescribe
the kind and character of service or product to be furnished, the manner in
which the streets and public grounds shall be used and occupied, and any other
terms and conditions conducive to the public interest.
(b) Regulations.
The Council shall at all times control the distribution of space in, over,
under or across all streets or public grounds occupied by public utility
fixtures. All rights granted for the construction and operation of public
utilities or similar business shall be subject to the continuing right of the
Council to require such reconstruction, relocation, change or discontinuance of
the appliances used by the utility or similar business in the streets, alleys,
avenues, highways, parks and public places of the City, as shall in the opinion
of the Council be necessary in the public interest. The Council may delegate to
the City Manager or other official the authority to establish rules and
regulations for the use of rights of way.
Sec. 1209. Payments in lieu of
taxes.
The City Council may require the payment in lieu of taxes
from enterprise funds of the City, but not to exceed ten percent of the funds
gross revenue, representing taxes that would have been payable by private
operators of the activities.
Sec. 1210. Title to City
property inalienable.
(a)
Title inalienable. The title of the City to its lands and
all other real property is inalienable.
(b)
Exceptions.
(1)
Vacation. The City may vacate all or any part of any
street or highway
(2)
Property not needed for public purposes. The City may
dispose of any building or parcel of land which the City may lawfully sell, no
longer needed for public use, if the disposition is made on open and public
competition and pursuant to ordinance.
Sec. 1211. Contracts.
(a) Contracts
in the name of the City. All contracts shall be executed in the name of
the City.
(b) Availability
of funds. No contract or order purporting to impose any financial
obligation on the city shall be binding upon the city unless it be in writing
and unless there is a balance, otherwise unencumbered, to the credit of the
appropriation to which the same is to be charged sufficient to meet the
obligation thereby incurred, and unless such contract or order bear the
certificate of the Director of Finance so stating or other acceptable means
determined by the Director of Finance. This provision shall not be construed as
to limit the letting of contracts for public improvements to be paid for by
special assessments payable in installments, under which the City may become
liable on account of City-owned property, nor as requiring the City to pay such
installments prior to their maturity. In any such case, the certificate herein
required from the Director of Finance shall cover only the payment or
installment first due under such contract, together with a statement as to the
estimated liability in future fiscal years on account of such assessments.
Upon making such certification, the director of finance shall cause the amount
of such contract to be charged as an encumbrance against such appropriation.
Contracts for public utility service, however, need only bear the certification
of the director of finance that there is a balance, otherwise unencumbered, to
the credit of the appropriation to which the same is to be charged, and a cash
balance equal to an average months bill, otherwise unencumbered in the
treasury to the credit of the fund from which payment is to be made.
(c) Award
of contracts. All contracts for the expenditure of city funds shall be
awarded to the lowest and best bidder or best proposer after due opportunity
for competition in accordance with this Charter and the ordinances of the City,
except the following may be entered into without the necessity of soliciting
bids or proposals:
(1) Contracts for services of a specialized, professional or
technical character;
(2) Emergency contracts when there exists an imminent threat to
the public health, welfare or safety or it is necessary for the essential
operations of the city;
(3) Contracts when the administrative and other costs to obtain
bids or proposals exceed any probable price reductions; or
(4) As otherwise determined by ordinance.
(d) Award of
contracts. Any or all bids, proposals, offers or qualifications may be
rejected by the city.
Sec. 1212. Charter Review.
The Mayor shall appoint a Charter
Review Commission no less than once every ten years for the purpose of
reviewing the terms and operation of the City Charter. The Commission may make
recommendations to the Mayor and City Council for amendments to the City
Charter or may recommend no changes.
Sec. 1213 Sec. 1299.
Reserved.
ARTICLE XIII.
TRANSITION PROVISIONS.
Sec. 1301. Pending measures
unaffected.
All measures and proceedings
pending or under consideration in the Council at the time this Charter takes
effect and not inconsistent with the provisions hereof, shall remain unaffected
by this Charter and may be acted upon and disposed of as if they had originated
and been introduced under this Charter.
Sec. 1302. Continuance of
taxes, assessments and fees.
All existing taxing
authorizations, assessments and fees adopted by the people of the City, or
authorized by the City, are continued in full force and effect until modified
or discontinued.
Sec. 1303. Ordinances to
remain in force.
All ordinances, resolutions and
regulations in force at the time this Charter takes effect which are not
inconsistent with the provisions of this Charter, shall remain and be in force
until altered, modified or repealed.
Sec. 1304. Pending actions and
proceedings.
No legal action or proceeding,
including any matter before the Kansas City Municipal Division of the Circuit
Court, pending at the time this Charter shall take effect, brought by or
against the City or any office, department, agency, official, officer or
employee thereof, shall be affected or abated by the adoption of this Charter.
Sec. 1305. Continuance of
contracts, public improvements and taxes.
All contracts entered into by the
City or for its benefit prior to the taking effect of this Charter shall
continue in full force and effect. Public improvements for which legislative
steps have been taken under laws existing at the time this Charter takes effect
may be carried to completion as nearly as practicable in accordance with the
provisions of such existing laws. All taxes and assessments levied or
assessed, all fines and penalties imposed, and all other obligations owing to
the City that are uncollected at the time this Charter becomes effective shall
continue in full force and effect and shall be collected as if no change had
been made.
Sec. 1306. Continuance of
membership of boards and commissions.
All members of boards and
commissions at the time this Charter takes effect, shall remain members of
their respective boards and commissions until their terms expire, at which time
the terms of this Charter shall provide for the appointment or reappointment of
members.
Sec. 1307. Divisions of the
Municipal Division of the Circuit Court.
The divisions of the Kansas City
Municipal Division of the Circuit Court existing at the effective date of this
Charter shall continue to function until modified by the Council.
Sec. 1308. Effective date.
With the exception of sections 401, 406 through 415, 811
through 838, and 1001 through 1009, all provisions of this Charter shall become
effective September 1, 2006. Sections 401, 406 through 415, 811 through 838,
and 1001 through 1009 shall become effective on March 1, 2007.
Sections 1 through 24, 67, 76.5, 82, 86 through 92, 111
through 127b, 395 through 489, of the Charter of Kansas City, as amended,
adopted February 24, 1925 are repealed effective September 1, 2006. Sections 25
through 49, 77 through 81, 83 through 85, 93 through 110, and 128 through 394.1
of the Charter of Kansas City, as amended, adopted February 24, 1925 are
repealed effective March 1, 2007.
Any conflict between a provision enacted by this Charter
effective September 1, 2006, and a provision from the City Charter, as amended,
adopted February 24, 1925, remaining in effect on September 1, 2006, shall be
resolved in favor of the most recent enactment.
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 at
the time of adoption of this Charter are recognized to end May 1, 2007.
Section 5. EMERGENCY
RECOGNIZED. This ordinance, providing for the submission of a Charter
amendment to the people of Kansas City, Missouri, is hereby
recognized to be an emergency measure within the meaning of Section 15, Article
II, of the Charter, and as such shall become effective immediately upon its
passage.
____________________________________________________
Approved
as to form and legality:
____________________________
William
Geary
Assistant City Attorney