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; Repealed by C.O. No. 27)