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5/3/2016 - Ordinance No. 16-10830 Elections

 

ORDINANCE NUMBER 16-10830

 

AN ORDINANCE AFFIRMING THE CITY OF SALINA’S ADOPTION AND CONTINUED OPERATION UNDER THE COMMISSION-MANAGER FORM OF GOVERNMENT; AMENDING AND RENUMBERING SALINA CODE SECTION 2-21 AND ADOPTING NEW SECTIONS 2-21 THOUGH 2-33 AND SECTIONS 2-37 THROUGH 2-39 PERTAINING TO THE COMMISSION-MANAGER FORM OF GOVERNMENT AND RELATED FUTURE ELECTIONS OF THE CITY OF SALINA, KANSAS; AND REPEALING ORDINANCE NO. 2397 AND THE EXISTING SALINA CODE SECTION 2-21.

 

WHEREAS, on February 1, 1921, the electors of the City of Salina, Kansas (“the city”) adopted the city manager plan of government under the state statutes commonly known as the city manager plan act (the “CMPA”);

WHEREAS, the 2015 Kansas Legislature passed L. 2015, ch. 88 (H.B. 2104) (referred to in this ordinance as the “act”), which moved city governing body elections from the spring of odd-numbered years to the fall of odd-numbered years and imposed certain requirements on cities relating to elections;

WHEREAS, in adopting the act, the Legislature repealed the CMPA, retained and recodified the core provisions of the CMPA, and adopted a “savings clause” providing that (a) a city shall continue to operate under its current form of government whether established at an election, or by adoption of a charter ordinance or ordinance until such time the city’s form of government is changed as provided by law and (b) all existing ordinances and charter ordinances relating to a city’s form of government, except those relating to the timing of city primary and general elections, shall remain in effect until amended or repealed by such city;

WHEREAS, since 1921 the city has relied principally upon the provisions of the CMPA and Ordinance No. 2397 enacted July 11, 1921 to establish, among other things, the powers and duties of the governing body and city manager under the commission-manager form of government and related organizational matters; and

WHEREAS, the transition to fall elections in odd-years, the repeal of the CMPA, and the requirements of the act prompt the Governing Body to affirm the city’s adoption and continued operation under the commission-manager form of government, to address the extension of the terms of the current commissioners, and to codify in greater detail matters pertaining to the commission-manager form of government and future fall elections.

BE IT ORDAINED by the Governing Body of Salina, Kansas:

Section 1.  Extension of current terms.  Pursuant to the act, the terms of current commissioners are extended until the second Monday in January following the April of the year in which the commissioner’s term would have otherwise expired, as follows:

 

Commissioner

Old Term

New Term

Blanchard

April 2017

January 2018

Crawford

April 2017

January 2018

Davis

April 2019

January 2020

Hardy

April 2017

January 2018

Ryan

April 2019

January 2020

 

Section 2.  New Section. The Salina Code is amended by adding a section to be numbered 2-21 (in place of existing Section 2-21 as it is amended and renumbered Section 2-30 pursuant to Section 11 of this ordinance below), which section reads as follows:

Sec. 2-21.  Form of government. 

The city shall continue to operate under the commission-manager form of government as it has since the electors of the city adopted the city manager plan of government on February 1, 1921.

Section 3.  New Section. The Salina Code is amended by adding a section to be numbered 2-22, which section reads as follows:

Sec. 2-22.  Governing body.

The governing body shall include five commissioners to be elected at-large and on a non-partisan basis.

Section 4.  New Section. The Salina Code is amended by adding a section to be numbered 2-23, which section reads as follows:

Sec. 2-23.  Powers and duties.

All powers of Kansas cities of the first class shall be exercised by the governing body, insofar as they do not conflict with the authority delegated to the city manager consistent with the commission-manager form of government.  The governing body has the duty to:

  1. Pass all ordinances needful for the welfare of the city;
  2. Establish and eliminate boards and commissions as required by law or the needs of the City;
  3. Appoint and remove members of boards and commissions;
  4. Appoint a city manager and be responsible for the city manager’s efficient administration of the city’s business;
  5. Determine, after consideration of the recommendation of the city manager, the organization of the City in such departments and offices as are necessary to carry out the business of the city under the commission-manager form of government; and
  6. Determine, after consideration of the recommendation of the city manager, the city’s plan for compensating its employees.

Section 5.  New Section. The Salina Code is amended by adding a section to be numbered 2-24, which section reads as follows:

Sec. 2-24.  Governing body chair, mayor.

There is no distinction as to title or duties among the commissioners, except as the governing body may organize itself for the transaction of business.  The governing body shall choose its own chair annually and determine its own order of business.  The governing body chair shall have the title of mayor and shall be the official head of the city on formal occasions.

Section 6.  New Section. The Salina Code is amended by adding a section to be numbered 2-25, which section reads as follows:

Sec. 2-25.  Meetings.

The governing body shall establish by resolution its meeting schedule, order of business, and rules of procedure.  All meetings of the governing body shall be conducted in accordance with the Kansas open meetings act.

Section 7.  New Section. The Salina Code is amended by adding a section to be numbered 2-26, which section reads as follows:

Sec. 2-26.  Qualifications.

Each commissioner must be a citizen of the United States and a qualified elector of the city.

Section 8.  New Section. The Salina Code is amended by adding a section to be numbered 2-27, which section reads as follows:

Sec. 2-27.  Terms of office.

In each city election process described in Sec. 2-31, there shall be elected two commissioners for a four-year term and one commissioner for a two-year term.  The candidates receiving the largest and second largest number of votes respectively shall be elected for the four-year terms and the candidate receiving the third largest number of votes shall be elected for the two-year term.  Terms shall commence on the second Monday in January following the general election.

Section 9.  New Section. The Salina Code is amended by adding a section to be numbered 2-28, which

section reads as follows:

Sec. 2-28.  Oath.

Each commissioner, before entering upon the duties of the office of commissioner, shall take and subscribe an oath or affirmation as specified in K.S.A. 54-106, and amendments thereto, and every such oath or affirmation shall be filed with the city clerk.

Section 10.  New Section. The Salina Code is amended by adding a section to be numbered 2-29, which section reads as follows:

Sec. 2-29.  Bond.

A surety bond shall not be required of a commissioner.

Section 11.  Amendment.  Section 2-21 of the Salina Code is renumbered 2-30 and amended to read as follows:

Sec. 2-30.  Salaries of members of the governing body.

Each member of the board of commissioners shall receive compensation at a rate of three hundred dollars ($300) per month, as established by Charter Ordinance Number 30.

Section 12.  New Section. The Salina Code is amended by adding a section to be numbered 2-31, which section reads as follows:

Sec. 2-31.  Elections.

On and after January 1, 2017, all primary elections for members of the governing body, when required by state law, shall be held on the first Tuesday in August of 2017 and on such date thereafter of odd-numbered years, and all general elections for members of the governing body shall be held on the Tuesday succeeding the first Monday in November of 2017 and on such date thereafter of odd-numbered years.  All elections for members of the governing body shall be at-large and non-partisan.

Section 13.  New Section. The Salina Code is amended by adding a section to be numbered 2-32, which section reads as follows:

Sec. 2-32.  Number of signatures required for nomination petition.

As required by K.S.A. 25-2110, and amendments thereto, if filing for the office of commissioner is achieved by nomination petition, the number of qualified electors of the city which must sign a nomination petition for the office of commissioner is established to be no fewer than either fifty (50) or one percent (1.00%) of the ballots cast and counted at the last general city election, whichever is less.   

Section 14.  New Section. The Salina Code is amended by adding a section to be numbered 2-33, which section reads as follows:

Sec. 2-33.  Vacancies.

Vacancies in the office of commissioner shall be filled by a majority vote of the remaining members of the governing body within sixty (60) days following the effective date of the vacancy.

Section 15.  New Section. The Salina Code is amended by adding a section to be numbered 2-37, which section reads as follows:

Sec. 2-37.  Powers and term of city manager.

The governing body shall appoint a city manager, solely on the basis of administrative ability, to be responsible for the management of all administrative affairs of the city.  The city manager shall hold office at the pleasure of the governing body.

Section 16.  New Section. The Salina Code is amended by adding a section to be numbered 2-38, which section reads as follows:

Sec. 2-38.  Duties and functions of the city manager.

The city manager shall be responsible for:

  1. Management of all administrative affairs of the city;
  2. Management of any other delegated authority;
  3. Enforcement of the ordinances of the city;
  4. Appointment, supervision, and removal of all heads of departments and all subordinate officers and employees of the city, which appointments shall be made upon merit and fitness alone;
  5. Preparation, submission to the governing body, and administration of the annual budget of the city;
  6. Advising the governing body of the financial condition and needs of the city; and
  7. Making recommendations to the governing body on all matters concerning the welfare of the city.

The city manager shall have a seat in all public meetings of the governing body.

Section 17.  New Section. The Salina Code is amended by adding a section to be numbered 2-39, which section reads as follows:

Sec. 2-39.  Management of departments of the city.  No member of the governing body shall directly interfere with the conduct of any department of the city, except at the express direction of the governing body.

Section 18.  Repealer.   Ordinance No. 2397 and existing Salina Code Section 2-21are repealed.

Section 19.  Effective.  This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper by the following summary:

Ordinance No. 16-10830 Summary

On May 2, 2016, the City Commission passed Ordinance No. 16-10830.  The Ordinance affirms the City’s adoption and continued operation under the commission-manager for of government; amends and renumbers Salina Code Section 2-21 and adopts new Sections 2-21 through 2-33 and Sections 2-37 through 2-39 pertaining to the commission-manager form of government and related future elections; and repeals Ordinance No. 2397 and existing Salina Code Section 2-21.  A complete copy of the Ordinance can be found at www.salina-ks.gov or in the office of the City Clerk, 300 W. Ash, free of charge.  This summary is certified by the City’s legal counsel.                                                                                   

Introduced:      April 25, 2016

Passed:             May 2, 2016                                                                        

Kaye J. Crawford, Mayor

[SEAL]

ATTEST:

Shandi Wicks, CMC, City Clerk

Certification of Publication Summary:

Greg A. Bengtson, Legal Counsel