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