A CHARTER ORDINANCE EXEMPTING THE CITY OF HAYSVILLE, KANSAS, FROM THE PROVISIONS OF K.S.A. 14-201, 14-204, 14-205, RELATING TO THE APPOINTMENT OF CITY OFFICIALS AND OFFICERS, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, AND AMENDING CHARTER 23.

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

SECTION 1. Section 7 of Charter Ordinance 23 is amended as follows:

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, city prosecutor, 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 2. Section 8 of Charter Ordinance 23 is amended as follows:

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, city prosecutor, 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 3. 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.

(08-08-2016)