A CHARTER ORDINANCE AMENDING CHARTER ORDINANCE 11A, WHICH EXEMPTS THE CITY FROM PORTIONS OF K.S.A. 14-205 AND RELATING TO THE APPOINTMENT OF CERTAIN CITY POSITIONS, THE APPOINTMENT OF NONRESIDENTS TO CITY POSITIONS, AND HEREBY PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HAYSVILLE, KANSAS;
SECTION 1. Pursuant
to the power vested in it by Article 12, Section 5, of the Constitution of the
State of Kansas, the City of Haysville, Kansas does hereby elect to exempt
itself from and make inapplicable to this city K.S.A. 14-205, an Act of the
Kansas Legislature that is non-uniform in application, and did make
inapplicable to itself K.S.A 14-201 pertaining to terms of appointment for
nonelected City officials through Charter Ordinance 11, which was adopted on
November 23, 1987, and amended through Charter Ordinances 11A adopted on July
26, 2004, and Charter Ordinance 20, adopted on July 23, 2007.
SECTION 2. The City
of Haysville, Kansas, hereby elects to amend Charter Ordinance 20, regarding
the designation of titles of officials and their removal from office for cause,
by amending Section 2 of that Charter Ordinance, which amended Section 2 of Charter
Ordinance 11A, which amended Section 7 of Charter Ordinance 11. The amended
language shall be as follows:
Section 2. The mayor
shall appoint city officers, by and with the consent of the city council.
including a municipal judge of the municipal court, a chief of police, chief
administrative officer, deputy administrative officer, city clerk/treasurer,
public works director, city attorney, recreation director, and may appoint law
enforcement officers and/or any other officers for the City as deemed
necessary. Officers so appointed and confirmed shall hold their offices for a
term of one year, provided their work has met the standards and requirements so
designated by the mayor, and shall hold their positions until their successors
are appointed and qualified, unless removed for cause by action of the city
council. The city council may by ordinance abolish any office created by the
council whenever deemed expedient except those specifically named herein. The
position(s)and/or duties of the city clerk/treasurer shall be those associated
by statute with either a city clerk’s position or a city treasurer’s position as
well as duties set forth by City Ordinance or action of the Governing Body.
SECTION 3. Those
sections of Charter Ordinances 11, 11A and 20, not amended by action of this
Charter Ordinance shall remain in force and effect in conformance with
applicable provisions of such Charter Ordinances and State law. All parts of
regular ordinances in conflict herewith are hereby repealed to that degree that
such ordinance(s) may not be construed in conformance with this act of the
following terms of construction. All references to the City Clerk as set forth
in any regular ordinance shall henceforth be construed to mean the City
Clerk/Treasurer or such official’s designee. All references to the Director of
Governmental Services as set forth in any regular ordinance shall henceforth be
construed to mean the Chief Administrative Officer or such official’s designee.
SECTION 4. If any
phrase, clause, paragraph or section of this Charter Ordinance is declared
unconstitutional or invalid by any court of competent jurisdiction, it is
hereby declared that the Governing Body would have enacted the remaining
portions of this Charter Ordinance without such phrase, clause, paragraph or
section so held unconstitutional or invalid.
(11-13-2012; Repealed by C.O. No. 23)