APPENDIX A - CHARTER ORDINANCESAPPENDIX A - CHARTER ORDINANCES\CHARTER ORDINANCE NO. 21

A CHARTER ORDINANCE EXEMPTING THE CITY OF BALDWIN CITY, KANSAS, FROM THE PROVISIONS OF K.S.A. 15-204 through 15-209; AND PROVIDING SUBSTITUTE PROVISIONS ON THE SAME SUBJECTS; and REPEALING CHARTER ORDINANCE NO. 13

WHEREAS, the City of Baldwin City, Kansas is a City of the Third Class; and

WHEREAS, Article 12 of the Kansas Constitution allows for the City to pass an Ordinance which exempts the City from the whole or any part of the enactment of The Kansas Legislature and allows the City to provide substitute and additional provision on the same subject; and

WHEREAS, K.S.A. 15-204, “Appointment of city officers; duties and compensation; removal.” is an act that is not uniform in nature that applies only to cities of the Third Class; and

WHEREAS, K.S.A. 15-209, “Qualification of officers; how vacancies filled.” is an act that is not uniform in nature that applies only to cities of the Third Class; and

WHEREAS, the City of Baldwin City has adopted, by regular ordinance, Uniform Personnel Rules and Regulations; and such rules and regulations are intended to be applicable to all city employees.

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

Section 1:           Exemption.  The City of Baldwin City, by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to and does exempt itself and make inapplicable to it K.S.A. 15-204 through 15-209, which apply to this city but does not apply uniformly to all cities.

Section 2:           At the first regular meeting in May of each year the mayor, by and with the consent of the council, shall appoint a city treasurer, city attorney, municipal judge, and such other officers as may be deemed necessary for the best interest of the city.  All such appointments shall be entered on the journal of proceedings of the council.  The duties of all appointed officers shall be fixed by ordinance.

Section 3.           All public officials appointed and/or hired by the City of Baldwin City except for the municipal judge of the municipal court, the treasurer, and the city attorney shall be subject to the Uniform Personnel Rules and Regulations as adopted by ordinance of the City of Baldwin City.  The municipal judge, the treasurer, and the city attorney may be removed by a majority vote of the total membership of the governing body.

Section 4.           The City of Baldwin City, Kansas may appoint non-residents as City Attorney, Municipal Judge, City Clerk, and as law enforcement officers when deemed necessary, including the appointment of non-residents who also serve as City Attorney, Municipal Judge, or law enforcement officers of another municipality or public agency.  Provided, that nothing herein shall authorize the appointment of a non-resident of this state to any city office.  The City Attorney shall be a qualified elector of Douglas County or of any other County that adjoins Douglas County.  The removal of any officer pursuant to this ordinance shall occasion a vacancy in such office.  All vacancies in office may be filled by the governing body for the remainder of the regular appointment term.  Every appointment to office, and the date thereof, shall be entered on the journal of proceedings of the Baldwin City Council.

Section 5.           Charter Ordinance No. 13 is hereby repealed.  Any other ordinances or parts of ordinances in conflict with the provisions of this Charter Ordinance are hereby repealed.

(09-08-2009)