A CHARTER ORDINANCE AMENDING SECTION 7 AND SECTION 8 OF CHARTER ORDINANCE NO. 11 EXEMPTING THE CITY OF HAYSVILLE, KANSAS FROM THE PROVISIONS OF K.S.A 14-205 RELATING TO THE APPOINTMENT OF NONRESIDENTS AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS FOR THE SAME SUBJECT.

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

SECTION 1. That the City of Haysville, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it, provisions of K.S.A 14-205, and amendments thereto, and provide substitute and additional provisions as set forth in this Ordinance. Such statutory sections are applicable to this City but are not uniformly applicable to all cities.

SECTION 2. That Section 7, of Charter Ordinance No. 11 shall be amended as follows:

The mayor shall appoint, by and with the consent of council, a municipal judge of the municipal court, a chief of police, director of governmental services, city clerk, public works director, city treasurer, city attorney, recreation director and may appoint police officers and such other officers as the mayor may deem 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 until their successors are appointed and qualified. The city council may, by ordinance, abolish any office created by them whenever they may deem it expedient except those specifically named herein.

SECTION 3. That Section 8, of Charter Ordinance No. 11 shall be amended as follows:

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-rnile radius when deemed necessary, including the appointment of such individuals who also serve as municipal judge 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 previous terms or who was employed by the City of Haysville prior to the passage of this ordinance 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 4. All ordinances or parts of ordinances m conflict herewith are hereby repealed.

SECTION 5. If any phrase, clause, paragraph or section of this 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 Ordinance without the phrase, clause, paragraph or section so held unconstitutional or invalid.

(07-26-2004; Repealed by C.O. No. 23)