APPENDIX A – CHARTER ORDINANCESAPPENDIX A – CHARTER ORDINANCES\CHARTER ORDINANCE NO. 25

A CHARTER ORDINANCE AMENDING EXISTING CHARTER ORDINANCE NO. 24, WHICH AMENDMENTS RELATE TO: (1) THE ELECTION OF OFFICERS, THEIR TERMS OF OFFICE, TRANSITIONS TO NOVEMBER ELECTIONS; AND (2) MODIFYING INAPPLICABLE REFERENCES TO “FIRE CHIEF” AND “ASSISTANT FIRE CHIEF”

WHEREAS, existing City Charter Ordinance No. 24 references the election of a mayor and five councilmembers, and their terms, but does not reference when elections will occur; and

WHEREAS, recent State legislative enactments make it mandatory that cities transition to November elections; and

WHEREAS, the governing body believes it makes sense to clarify the city’s ordinances to indicate that city elections will now occur in November of each odd-numbered year, instead of April, and set forth how this change will affect terms of office; and

WHEREAS, the recent State legislative enactments also require that cities specify whether city elections will be partisan or nonpartisan, and the governing body believes it is in the best interest of the city and its constituents that city elections remain nonpartisan; and

WHEREAS, existing City Charter Ordinance No. 24 references the Mayor appointing a “fire chief” and “assistant fire chief”, which appointments are no longer applicable given that fire protection within the city is provided by the Northwest Consolidated Fire District, serving De Soto and Northwest Johnson County.   

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF DE SOTO, KANSAS:

Section 1. Existing City Charter Ordinance No. 24, specifically “SECTION 2” thereof, is amended to read as follows:

        SECTION 2.  Elections, Governing Body, and Terms of Office. All elections to elect governing body members for the City of De Soto, Kansas shall be held in November of each odd-numbered year, and the elections shall be nonpartisan. A mayor and five councilmembers shall constitute the governing body of the city and each shall be elected for four year terms, or until their successors are qualified. The determination of what year a term is up for election shall relate back to those members of the governing body elected in the year 1965 having a term that expired in 1969 and those members of the governing body elected in the year 1967 having a term that expired in 1971.

        To transition from April to November elections, those governing body positions with terms expiring in April 2017, shall expire on the second Monday in January of 2018, when the city officials elected in the November 2017 general election take office.  Those governing body positions with terms expiring in April 2019, shall expire on the second Monday in January of 2020, when the city officials elected in the November 2019 general election take office. Succeeding elections will be held every two years for all such governing body positions whose terms have expired.

        No person shall be eligible for the office of mayor or councilmember who is not at the time of election an actual resident and qualified elector of the city. If any member of the governing body no longer maintains their residence in the city, or is otherwise no longer a qualified elector of the city, during the term of their office, the office shall be deemed vacant.

Section 2. Existing City Charter Ordinance No. 24, specifically “SECTION 5” thereof, is amended to read as follows:

        SECTION 5.  Appointment and Removal of City Officers.  The mayor shall appoint, by and with the consent of the council, a municipal judge, prosecutor, city attorney, city engineer, city administrator, city treasurer, and such other officers as the mayor and council deem necessary. In the event that the city has its own city fire department, the mayor shall also appoint, by and with the consent of the council, a city fire chief, and assistant city fire chief. All officers so appointed shall hold their offices for an indefinite term.  However, unless an ordinance or written contract between the city and officer provides otherwise, all officers may be removed, with or without cause, upon a two-thirds vote of all members of the governing body.

Section 3.  All provisions of existing City Charter Ordinance No. 24, not amended herein above, remain in full force and effect.

Section 4.  Charter Ordinance No. 1, which concerns provisions applicable to Cities of the Third Class, is hereby repealed, and any other City Ordinances (including Charter Ordinances) that are inconsistent with the provisions set forth herein are hereby repealed.

(12-15-2016)