A CHARTER ORDINANCE EXEMPTING THE CITY OF BALDWIN CITY, KANSAS, FROM THE PROVISIONS OF K.S.A. 15-201, RELATING TO THE ELECTION OF OFFICERS, THEIR TERMS OF OFFICE, THE FILLING OF GOVERNING BODY VACANCIES, AND NOMINATION PETITIONS; AND, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REPEALING CHARTER ORDINANCE NO. 25.

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

Section 1. The City of Baldwin City, Kansas, by the power vested in it by Article 12, Section 5 of the Kansas Constitution hereby elects to and does exempt itself and make inapplicable to it the provisions of K.S.A. 15-201, which applies to this city, but is part of an enactment which does not apply uniformly to all cities.

Section 2. The governing body shall consist of a mayor and five council members to be elected to terms as set forth herein. The mayor and council members shall be residents and qualified electors of the City of Baldwin City, Kansas.

Section 3. Those governing body positions with terms expiring in April 2017, shall expire on the second Monday in January of 2018, when the city officials elected in the November 2017 general election take office. Those governing body positions with terms expiring in April 2019, shall expire on the second Monday in January of 2020, when the city officials elected in the November 2019 general election take office.

Section 4. General elections shall take place on the Tuesday succeeding the first Monday in November. Succeeding elections will be held every two years for all such governing body positions whose terms have expired. A mayor and two council members shall be elected at one election, and the remaining three council members shall be elected at the succeeding election. The mayor and all council members shall have four year terms.

Section 5. In case of a vacancy in the council occurring by reason of resignation, death, or removal from office or from the city, the mayor, by and with the advice and consent of the remaining council members, shall appoint an elector to fill the vacancy until the next election for that office in accordance with the following procedures:

A.      The City Clerk shall publish notice one time in a newspaper having general circulation in the City stating that the vacancy has occurred and that the governing body is seeking applicants to fill the vacancy.

B.      Applicants shall have 15 days from the date of such publication to submit to the City Clerk: (i) a written statement expressing interest in being appointed to fill the vacancy; and (ii) a completed Statement of Substantial Interests as promulgated by the Kansas Governmental Ethics Commission.

C.      The applicants shall be available for a public meeting to be scheduled by the Mayor so that the governing body may interview the applicants and consider any and all relevant factors of applicants.

D.      Within a reasonable period of time, not to exceed 21 days after such public meeting, the council members shall provide to the Mayor written feedback regarding the applicants which may include identifying a preferred applicant to be appointed to fill the vacancy.

E.      At a meeting of the governing body after the Mayor has received feedback from the council members, the Mayor shall announce the person to be appointed to the vacancy and the governing body shall take formal action on the Mayor’s appointment.

Section 6. In case any person elected or appointed as a council member neglects or refuses to qualify within 30 days after the election, the council member shall be deemed to have refused to accept the office anda  vacancy shall exist. The Mayor may, with the consent of the remaining council members, appoint a suitable elector to fill the vacancy in accordance with the procedures of Section 5.

Section 7. In case of a vacancy in the office of mayor, the president of the council shall become mayor until the next regular election for that office and a vacancy shall occur in the office of the council member becoming mayor.

Section 8. Charter Ordinance No. 25 shall be and is hereby repealed upon this Charter Ordinance taking effect. Any other ordinances or part of ordinances in conflict with the provisions of the Charter Ordinance are hereby repealed.

(10-21-2017)