A CHARTER ORDINANCE EXEMPTING THE CITY OF HAYSVILLE, KANSAS, FROM THE PROVISIONS OF K.S.A. 14-201, 14-204, 14-205, L. 2015, ch. 88, SEC. 7, AND L. 2015, ch. 88, SEC. 71 (CODIFIED K.S.A. 12-104a) AND CERTAIN PORTIONS OF 14-308, RELATING TO THE ELECTION, SELECTION, AND APPOINTMENT OF CITY OFFICIALS AND OFFICERS, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, AND REPEALING CHARTER ORDINANCES 11, 11A, 17, 20, 20A, AND 22.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HAYSVILLE, KANSAS;

SECTION 1. PURPOSE OF THIS CHARTER. 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 provisions of K.S.A. 14-201, 14-204, L. 2015, ch. 88, SEC. 71 codified as K.S.A. 12-104a, and K.S.A. 14-205, and portions of 14-308 and 12-104a: as hereinafter described, all Acts of the Kansas Legislature regarding municipal administrative procedures, election, and appointment of City Officers which are non-uniform in application, and does hereby repeal all previous Charters upon this subject that have not heretofore been repealed, including Charter Ordinance 11, which was adopted on November 23, 1987, Charter Ordinances 11A adopted on July 26, 2004, Charter Ordinance 17, adopted on December 30, 2003, Charter Ordinance 20, adopted on July 23, 2007, Charter Ordinance 20A, adopted on December 27, 2007, and Charter Ordinance 22, adopted on November 13, 2012.

SECTION 2. GENERAL ELECTIONS. There shall be elected, on the first Tuesday in April of 2004, one councilmember from each ward to each of the city council positions having terms which would otherwise expire in April 2004, whom shall be elected for a one-time term of three (3) years. Then, there shall be elected, on the first Tuesday in April 2007 and every four years thereafter, one councilmember from each of said wards, each of whom shall be elected thereafter for a term of four (4) years.

There shall be elected, on the first Tuesday in April of 2005 and every four (4) years thereafter, one councilmember from each ward to each of the city council positions having terms which would otherwise expire in April 2005, each of whom shall be elected thereafter for a term of four (4) years.

There shall be elected on the first Tuesday in April of 2005 and every four (4) years thereafter, the mayor having a term which would otherwise expire in April 2005, who shall be elected thereafter for a term of four (4) years. On and after January 1, 2017, all primary elections for members of the Governing Body 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 of odd-numbered years thereafter. Any member of the Governing Body whose term was to expire in 2017, shall continue to serve until the second Monday in January of 2018, when newly elected members of the Governing Body shall take office. Any member of the Governing Body whose term was to expire in 2019, shall continue to serve until the second Monday in January of 2020, when newly elected members of the Governing Body shall take office.

SECTION 3. ELECTION OF COUNCIL MEMBERS. Each ward of the City shall have two council members who shall be chosen by the qualified electors of their respective wards, and no person shall be eligible to the office of council member who is not at the time of his or her election or appointment, an actual resident and qualified voter of the ward for which he or she is elected or appointed. If any council member shall move from the ward from which he or she was elected or appointed, his or her office as council member shall thereby become vacated, and shall be filled by appointment until the next regular election. All references to appointment in this paragraph refer to the process of filling a council seat which has become vacant.

SECTION 4. VACANCIES. If a vacancy occurs on the City Council by death, resignation, removal from the city, removal from office, refusal to qualify, or otherwise, the vacancy shall be filled by appointment of the Governing Body of the City within thirty (30) days following the creation of the vacancy. Such appointee shall serve for the period from and after the date of appointment until the second Monday in January following the next November election. At such November election, an individual will be elected to serve out the remainder of the unexpired term of the position, if any portion of the term remains unexpired. In no event shall the City call for a special election to fill such vacancy.

SECTION 5. ELECTION TIE. Whenever there shall be a tie in the election of council members, the winner shall be determined by lot by judges of the election of the ward in which it shall happen.

SECTION 6. PRESIDENT OF COUNCIL. The council shall elect from its membership a President of the Council. The President of the Council shall preside in the temporary absence of the Mayor, but shall retain the authority of the President’s council position. The President of the Council shall assume the position of Mayor when any vacancy shall occur in the office of the Mayor by death, resignation, removal from the city, removal from office, refusal to qualify, or otherwise. The President of the Council shall become Mayor until the next regular city election, and a vacancy shall occur in the office of the council member becoming mayor. Such appointee shall serve only for the period from and after the date of assuming the position of Mayor until the second Monday in January following the next November election. At such November election, an individual will be elected to serve out the remainder of the unexpired term of the position, if any portion of the term remains unexpired. Upon the President of the Council assuming the office of Mayor, the council shall elect from its membership a new President of the Council.

SECTION 7: OFFICERS, APPOINTMENT. 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, and 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 8. OFFICERS, QUALIFICATIONS. Except where otherwise specifically required or permitted by ordinance, all elected officers shall be qualified electors of the city. All officers appointed by the mayor to serve after July 12, 2004, shall live within a 15-mile radius of the Haysville City Building within 180 days of appointment, except that the Mayor may appoint as city engineer, municipal judge, city attorney, and law enforcement officers, individuals who reside outside of the 15-mile radius when deemed necessary, including the appointment of such individuals who also serve as municipal judge, city engineer, city attorney, or law enforcement officers of another municipality or public agency. Any officer appointed to serve after July 12, 2004, who was an appointed officer for the City for successive pervious terms or who was employed by the City of Haysville prior to the passage of this Charter, and thereafter was appointed who did not, prior to July 12, 2004, reside within the 15-mile radius of the Haysville City Building, shall be exempt from the residency requirement as set forth in this section. Failure to comply with this ordinance may subject an employee to discipline, up to and including termination for cause.

SECTION 9. REPEAL. The passage of this Charter repeals Charter Ordinance 11, adopted on November 23, 1987, Charter Ordinance 11A, adopted on July 26, 2004, Charter Ordinance 17, adopted on December 30, 2003, Charter Ordinance 20, adopted on July 23, 2007, Charter Ordinance 20A, adopted on December 27, 2007, and Charter Ordinance 22, adopted on November 13, 2012. Additionally, 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 10. SAVING CLAUSE. 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.

(12-14-2015; Amended by C.O. No. 24 and C.O. No. 28)