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Legislation #: 140093 Introduction Date: 2/6/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS CIRCO, FORD AND SHARP
Title: Amending Section 2-48, “Mayor pro tempore” and Section 2-2096, “Waivers” of the Code of Ordinances by permitting a member of the Council to seek a waiver from the Municipal Officials and Officers Ethics Commission of Council rules.

Legislation History
DateMinutesDescription
2/3/2014 Filed by the Clerk's office
2/6/2014 Referred to Finance, Governance & Ethics Committee
2/19/2014 Advance and Do Pass as a Committee Substitute, Debate
2/20/2014 Passed as Substituted

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140093

 

Amending Section 2-48, “Mayor pro tempore” and Section 2-2096, “Waivers” of the Code of Ordinances by permitting a member of the Council to seek a waiver from the Municipal Officials and Officers Ethics Commission of Council rules.

 

WHEREAS, by Section 2-48(a)(4), Code of Ordinances, the City Council has imposed upon the Mayor pro tem the responsibility to approve travel expense requests for City Council members prior to departure; and

 

WHEREAS, the City Council has further defined the responsibilities for travel reimbursement through its Council Handbook adopted by Second Committee Substitute for Resolution No. 130250 by providing the following:

 

All reimbursed travel needs to be approved by the Mayor Pro Tempore office in advance of any trip. Each City Council office can determine how to allocate funds within their existing budgets in order to pay for travel that is for official City business. A Council office can request utilizing the legislative account for reimbursement. Such travel must be approved by the Mayor Pro Tempore in advance, and the Councilmember needs to be a committee member of the group.

 

and

 

WHEREAS, there are no provisions for contesting the refusal of the Mayor pro tem to approve requests for reimbursement; and

 

WHEREAS, the Municipal Officials and Officers Ethics Commission is empowered to perform duties assigned by the City Council; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. Amending Section 2-48, “Mayor pro tempore” and Section 2-2096, “Waivers” of the Code of Ordinances to read as follows:

 

Sec. 2-48. Mayor pro tempore.

 

(a)                Job responsibilities. The mayor pro tempore shall have the following job responsibilities:

 

(1)               Preside over legislative and business session in the absence of the mayor.

 

(2)               Manage the council office including the staff, budget, purchasing and office assignments, but take only an advisory role regarding the staff and offices of individual councilmembers.

 

(3)               Suggest guidelines for council office ethics and office procedures training for city council aides.

 

(4)               Approve travel expense requests for city council members prior to departure, subject to any appeal to the Municipal Officers and Officials Ethics Commission for a waiver of rules.

 

(5)               Administer the legislative account.

 

(6)               Review and suggest updates to the standing rules at the beginning of his/her term as mayor pro tempore.

 

(b)               Compensation. The compensation of the acting mayor of the city, during the absence of the mayor from the city or when for any cause the mayor is unable to perform the mayor's official duties, is hereby fixed at the sum of $25.00 for each and every day such acting mayor shall perform the official duties of mayor. Such compensation shall be paid in the same manner and at the same time as employees of the city are now paid.

 

Sec. 2-2096. Waivers

 

(a)                Authority. Acting within its sole discretion, the commission may waive any provision of this code or rules of the city council when the situation does not create a potential for:

 

(1)               Undue influence;

 

(2)               Unfair advantage; or

 

(3)               Appearance of impropriety.

 

(b)               Application. An application for a waiver will be in writing and fully describe in detail the facts about the situation and the circumstances and reasons justifying a waiver.

 

(c)                Process. A waiver, if granted, must be granted in writing with an explanation by the commission of the justification for the waiver.

 

(d)               Hearing. The commission may hold a hearing on any application for a waiver, and if requested by the applicant will hold a hearing.

 

(e)                Notification. Copies of the commission’s written decision shall be forwarded to the following people:

 

(1) Applicant;

 

(2) Applicant’s department director;

 

(3) City manager;

 

(4) City clerk, who will retain the decision according to law; and

 

(5) Councilmembers.

 

________________________________________

 

Approved as to form and legality:

 

 

_____________________________

William Geary

City Attorney