A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NO. 17; RECOGNIZING RECENT CHANGES TO THE KANSAS OPEN MEETINGS ACT;  ESTABLISHING A QUORUM OF THE GOVERNING BODY IN ACCORDANCE WITH STATE LAW; AND ESTABLISHING AN EFFECTIVE DATE

WHEREAS, previously, the Kansas Open Meetings Act (KOMA, specifically K.S.A. 75-4317a) determined that a “meeting” of the governing body, in part, was defined as a gathering of “a majority of a quorum”, effectively requiring public notice of a gathering of two or more governing body members discussing city business as an open public meeting; and

WHEREAS, Baldwin City adopted Charter Ordinance No. 17 in 2004 establishing a quorum of four specifically so that two governing body members could discuss city business without being in violation of KOMA; and 

WHEREAS, in 2008 the Kansas Legislature changed the wording in K.S.A. 75-4317a to define a meeting subject to KOMA, among other things, as a “majority of the membership of a body” interactively discussing the business or affairs of the body; and

WHEREAS, Baldwin City wishes to repeal Charter Ordinance No. 17 and re-establish a quorum of three as prescribed in K.S.A. 15-106 for meetings of the governing body.

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

Section 1:            Charter Ordinance No. 17 is hereby repealed.

Section 2.            The requirements of K.S.A. 15-106, and any amendments thereto, are hereby reinstated and observed by the governing body for purposes of establishing a quorum for conducting city business as a majority of the councilmen elect.

(01-18-2011)