FOR ORDINANCE NO. 051254
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 to increase the mandatory
retirement age of municipal judges from age 65 to age 70; 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:
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 City
NOTICE TO ELECTION AUTHORITIES BY CITY CLERK. That following passage of
this ordinance the City Clerk shall deliver certified copies of this ordinance
and notice of election to the Clerk of Cass County, Board of Election
Commissioners of Clay County, Board of Election Commissioners of Kansas City,
and Board of Election Commissioners of Platte County, on or after May 26, 2006,
but not later than May 30, 2006, which shall be the authority of each election
authority of the City to submit the amendment to the electors of Kansas City
and to give public notice as provided by law.
NOTICE OF ELECTION. The notice of election shall read as follows:
NOTICE OF ELECTION
KANSAS CITY, MISSOURI
Notice is hereby
given that the City of Kansas City has called a special election to be held on
Tuesday, 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:
CITY OF KANSAS CITY
ELECTION, AUGUST 8, 2006
Should the Charter
of Kansas City be amended by increasing the mandatory retirement age of
Municipal Judges from 65 to 70 years of age?
voters will be supplied by the election authorities.)
A full and complete copy of
Committee Substitute for Ordinance No. 051254 (as it may be amended) submitting
the above amendment 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
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.
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.
AMENDMENTS TO BECOME THE CHARTER OF THE CITY OF KANSAS CITY JUDGES RETIREMENT AGE. If a
majority of the voters favor the judges retirement age question, then the
amendment to the Charter of the City of Kansas City, Missouri shall become
effective September 1, 2006, which amendment shall read as follows:
BE IT ADOPTED BY
THE PEOPLE OF KANSAS CITY:
That the Charter
of the City of Kansas City, Missouri, is amended by repealing Sections 306 and
312 and enacting new Sections 306 and 312 of the Charter proposed by Committee
Substitute for Ordinance 050953 (as it may be amended) if it is adopted by the
people, the sections to read as follows:
Qualifications of judges.
Judges of the Kansas
City Municipal Division shall possess the following qualifications:
Citizenship. Citizen of the United States and the State of
Missouri for five years immediately prior to appointment;
Residency. Resident of the City of Kansas City, Missouri
for one year immediately prior to appointment and continuously during service
as a judge;
Licensed to practice law. Licensed to practice law in the
State of Missouri for five years immediately prior to appointment;
Member of The Missouri Bar. Member of the Missouri Bar in
good standing continuously during service as a judge;
Age. Be less than seventy years of age; and
Other qualifications. Possess any additional
qualifications prescribed by law.
Removal from office.
forfeiture of office.
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.
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.
Judges of the Kansas City Municipal Division shall retire on or before their
seventieth 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.
based on charges of misconduct.
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.
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.
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.
procedures for removal. Judges of the Kansas City Municipal Division
shall not be subject to recall.
law procedures. The procedures established by this Charter are in
addition to any procedures provided by state law or rule.
Alternatively, by repealing
Section 395.9 and enacting a new Section 395.9 of the Charter of Kansas City if
the Charter proposed by Ordinance 050953 (as it may be amended) is not adopted
by the people, to be effective May 1, 2006, the section to read as follow:
Retirement; retirement pay.
All judges of the
municipal court shall retire at age seventy (70), under such terms and
conditions as may be prescribed by the city council.
Each judge of the
municipal court, other than a part-time judge, serving after the initial
adoption of this section, shall receive retirement pay, for service, when he
reaches seventy (70) years of age regardless of whether he is still serving as
a municipal judge, at the rate of not less than two (2) percent of the existing
salary at the time each said judge is entitled to retirement pay, multiplied by
the total number of years service as municipal judge; provided however, such
retirement pay shall not exceed fifty (50) percent of the existing salary for
judges of the municipal court at the time each said judge is entitled to
A municipal court
judge, other than a part-time judge, who has served in office at least ten (10)
years may be retired for mental or physical disability and receive disability
retirement pay at fifty (50) percent of his regular salary at the time of retirement,
so long as he is disabled. The city council, upon recommendation by the
municipal judicial nominating commission, shall determine, by a majority vote,
whether or not a judge of the municipal court should be retired for disability.
The city council may
by ordinance provide disability retirement pay for mental or physical
disability, for judges of the municipal court who have served less than ten
(10) years in office so long as such judge is disabled.
Any judge removed
from office under the provisions of section 396 of this article shall not
receive any retirement benefits whatsoever under the provisions of this
Judges of the
municipal court receiving retirement pay under the provisions of this section
shall be ineligible to receive any other pension or retirement benefits from
EMERGENCY RECOGNIZED. This ordinance, providing for the submission of
Charter amendments 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.
as to form and legality:
Assistant City Attorney