A CHARTER ORDINANCE RECODIFYING THE EXISTING FORM OF GOVERNMENT OF THE CITY OF OLATHE, KANSAS AS THE MODIFIED MAYOR-COUNCIL-MANAGER FORM; EXEMPTING THE CITY OF OLATHE, KANSAS FROM K.S.A. 12-104a, 25-2108a, 25-2110a, and 25-2113; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS CONCERNING THE EXISTING MODIFIED MAYOR-COUNCIL-MANAGER FORM OF GOVERNMENT, ELECTIONS AND GOVERNING BODY VACANCIES FOR THE CITY OF OLATHE, KANSAS; ALSO REPEALING CHARTER ORDINANCES 11, 28, 61, AND 62.

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

ARTICLE I

STATUTES MADE INAPPLICABLE

The City of Olathe, 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 the provisions of K.S.A. 12-104a, 25-2108a, 25-2110a, and 25-2113 and provide substitute and additional provisions in this charter ordinance and by ordinary ordinance. Such referenced provisions are either enactments or a part thereof which are applicable to this City but are not part applicable uniformly to all cities.

ARTICLE II

GOVERNING BODY

SECTION 2.1: Composition.

(A) The Governing Body of the City of Olathe, Kansas, shall consist of a Mayor and two (2) Councilmembers elected at large and four (4) Councilmembers elected by wards. At the regular City election in 2017, and each regular City election thereafter, each person elected to the Governing Body shall be elected to serve a four (4) year term.

(B) At the regular City election in 2017, there shall be elected the Councilmember for at large position 1 and the Councilmembers for wards 3 and 4.

(C) At the regular City election in 2019, there shall be elected a Mayor, the Councilmember for at large position 2, and the Councilmembers for wards 1 and 2.

SECTION 2.2: Wards.

(A) The Governing Body shall, by ordinance, divide the City into four (4) wards to be numbered one to four. Such wards shall be as nearly equal in population and as compact and contiguous as is practical. Dividing lines between wards shall follow precinct boundaries. Every ten (10) years the Governing Body of the City shall review ward boundaries and shall adjust such boundaries, if necessary, to reflect approximately equal population following the most recent census of population taken by the United States bureau of the census.

(B) Candidates to the Council from a ward shall be residents of the ward for which they seek election and shall continue to reside in the ward during their term of office. Qualified voters signing a petition for the candidacy of a person to a Council ward position shall be residents of such ward. Only the qualified voters of a ward shall vote for candidates for a Council ward position.

(C) Changes of ward boundaries that result in a Councilmember no longer residing in the ward from which such Councilmember was elected shall not shorten the term of such member. Such Councilmember shall continue to represent the ward from which such councilmember was elected until the expiration of such Councilmember’s term.

SECTION 2.3: General Powers. All powers of the City shall be vested in the Governing Body, except as the Constitution and the Statutes of Kansas or this charter ordinance may otherwise provide. The Governing Body shall provide for the performance of all duties and obligations imposed on the City by law. The Governing Body shall adopt such codes, rules and regulations as may be necessary for the establishment of proper authority and direction for the administration of the affairs of the City. The Governing Body shall employ a City manager as provided in Article IV of this charter ordinance, an Internal Auditor, and the Municipal Court Judge or Judges. The Governing Body shall set priorities for budget preparation and adopt the annual budget of the City. It shall be the duty of the Governing Body to be the policy-making body of the City, to pass all ordinances, resolutions and contracts needful for the welfare of the City, to provide for such offices as shall be necessary to carry out the provisions of this charter ordinance and determine salaries for the same.

SECTION 2.4: Mayor.

The Mayor shall be the titular head of the City and shall preside at all meetings of the Council. The Mayor shall sign all ordinances and resolutions passed by the Council and shall have all voting privileges of a Councilmember.

It shall be the duty of the Mayor to sign all contracts authorized by the Governing Body before the City shall be liable thereon. He or she shall represent the City Governing Body at all official City functions, and shall be the official representative of the Governing Body at all meetings, conferences and negotiations relating to policy matters involving other governmental units and shall recommend Governing Body action relating thereto.

The Mayor shall be the official representative of the Governing Body at all conferences and meetings with citizens' groups and organizations interested in promoting the welfare and development of the City, and shall recommend Governing Body action relative thereto. The Mayor may inform the Governing Body concerning questions of policy, and may make policy recommendations to the Governing Body. The Mayor shall be empowered to call special meetings as provided by law.

SECTION 2.5: Salaries. The Governing Body shall by ordinance fix the salaries of the members of the Governing Body.

SECTION 2.6: Qualifications and Vacancies.*

SECTION 2.7: Biennial Organization Meeting. At its first regular meeting in January after a biennial City election, the Governing Body shall:

(A) Establish by resolution a regular schedule of meeting times and dates for the next two (2) years.

(B) Elect one of its members as Mayor pro tem who, in the absence or disability of the Mayor, shall become acting Mayor. Such Councilmember shall retain all voting rights and other prerogatives as a Councilmember while acting as Mayor, except that such acting Mayor shall have only one vote.

SECTION 2.8: Prohibitions.

(A) No Governing Body member shall hold any other City office or City employment during the term for which the member was elected to the Governing Body. No former Governing Body member shall hold any compensated appointive City office or City employment until one year after the expiration of the term for which the member was elected.

(B) Neither the Governing Body nor any of its individual members shall in any manner direct, supervise or require the appointment, promotion, transfer, assignment, demotion, discipline, lay off, suspension, discharge, or removal of any officers or employees whom the City manager is empowered to appoint. Governing Body members may express their view and fully and freely discuss with the City manager anything pertaining to appointment, promotion, transfer, assignment, demotion, suspension, discharge, and removal of such appointive officers and employees.

(C) No member of the Governing Body shall directly interfere with the conduct of any department, except at the express direction of the Council. The Council and its members as individuals shall deal with appointive officers and employees solely through the City manager, but they may request basic information necessary for Council work.

SECTION 2.9: Governing Body Rules of Procedure.

(A) The Governing Body shall meet regularly twice a month, or more often if the public business requires. A call signed by a majority of the Governing Body shall be sufficient warrant for a special meeting. Regular or special meetings shall always be open to the public.

(B) The Governing Body shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings.

(C) Four (4) members of the Governing Body shall constitute a quorum. All the Governing Body actions on the passage of ordinances shall be taken by the affirmative vote of four (4) or more members unless a greater or lesser number of votes is required by this charter ordinance, by the Statutes of Kansas, or by the Constitution of Kansas. All resolutions, motions, contracts, and other business may be adopted or passed by a majority vote of a quorum, except as otherwise required by law. The votes of all Governing Body members shall be recorded in the journal.

ARTICLE III

ELECTIONS

SECTION 3.1: Nonpartisan. City elections shall be nonpartisan. Laws applicable to elections occurring at the same time as City elections shall apply to City elections to the extent that the same are not in conflict with the provisions of this charter ordinance.

SECTION 3.2: Primaries. A primary election shall be held if needed to reduce the number of candidates for any office in the general election to two (2) candidates. The two (2) candidates receiving the greatest number of votes for any office shall advance to the general election. In the event there are not more than two (2) candidates for any one office, there shall be no primary election and the names of such candidates shall be placed on the general election ballot.

ARTICLE IV

CITY MANAGER

SECTION 4.1: Appointment, Qualifications, Compensation. The Governing Body shall appoint a City manager to serve at the pleasure of the Governing Body and shall establish compensation of the City manager. The City manager shall be appointed solely on the basis of executive, managerial, and administrative qualifications as demonstrated by a verified record of training and experience in public administration and shall have an annual job review by the Governing Body. The City manager need not be a resident of the City at the time of appointment, but must reside in the City while in office. The terms and conditions of employment of the City manager shall be reduced to writing, and approved by the Governing Body as a memorandum of employment; provided, the Governing Body shall retain the power to remove the City manager from office upon reasonable notice at their pleasure.

SECTION 4.2: Acting City Manager. By written notice filed with the Governing Body, the City manager may designate, subject to approval of the Governing Body, a qualified appointive administrative officer to exercise the powers and perform the duties of City manager during any temporary absence or disability of the City manager.

SECTION 4.3: Powers and Duties of the City Manager. The City manager shall be the chief administrative officer of the City, and shall be responsible to the Governing Body for administration of all City affairs placed in his or her charge by or under this charter ordinance. The City manager shall:

(A) Provide assistance and advice to the Governing Body as needed.

(B) After appropriate consultation with the Governing Body, prepare and submit a recommended annual budget to the Governing Body for final adoption, and be responsible for the administration of the budget after it goes into effect.

(C) Make recommendations to the Governing Body on all matters concerning the welfare of the City.

(D) Ensure that all ordinances, resolutions, codes, regulations, rules, policies, directions, and acts of the Governing Body are faithfully enforced, administered, and executed.

(E) Appoint, promote, transfer, assign and demote, discipline, lay off, suspend, discharge or remove all appointive officers and employees of the City, except an Internal Auditor and the Municipal Court Judge or Judges, who shall be appointed, disciplined, laid off, suspended, discharged or removed by the Governing Body. The City manager may authorize any appointive officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates of that officer.

(F) Direct and supervise the administration of all offices and all appointive officers and employees of the City, except the Internal Auditor and the Municipal Court Judge or Judges who shall be directed and supervised by the Governing body.

(G) Attend all Governing Body meetings and have the right to take part in discussions but without the right to vote.

(H) Assist the Governing Body in the preparation of meeting agendas, ordinances, resolutions, rules, regulations, and policies and in such other matters as may be required by the Governing Body.

(I) Submit to the Governing Body and make available to the public periodic and annual reports on the financial and administrative affairs of the City and keep the Governing Body advised of the financial conditions and needs of the City.

(J) Prepare and submit to the Governing Body recommendations for a capital development and financing program for the City.

(K) Make such other reports as the Governing Body may require concerning the operations of City offices.

(L) Have such other powers and duties consistent with this charter ordinance as the Governing Body may prescribe.

ARTICLE V

ADMINISTRATION

Administrative departments shall be created by the Governing Body as the public business may demand. All appointments shall be made by the City manager based upon qualification and merit. All department heads shall be ready at all times to furnish the City manager with such information as the City manager may require.

ARTICLE VI

ABANDONMENT

A proposition to abandon this form of government must first be submitted to a vote of the qualified electors of the City in the manner provided by K.S.A. 12-184.

Any petition for the submission of a proposition hereunder shall be headed "Petition for a Special Election of the City of Olathe, Kansas, to Vote on the Abandonment of the Mayor-Council-City Manager Form of Government."

ARTICLE VII

CONTINUITY OF GOVERNMENT

SECTION 7.1: Ordinances to Remain in Force. All ordinances, resolutions, policies, rules, and regulations in force at the time this charter ordinance takes full effect, which are not inconsistent with the provisions of this charter ordinance, shall remain and be in force until altered, modified, or repealed by or under authority of this charter ordinance.

SECTION 7.2: Pending Actions and Proceedings. No action or proceeding, civil or criminal, brought by or against the City or any appointive or elective officer or employee thereof, and which is pending at the time this charter ordinance shall take effect, shall be affected or abated by the adoption of this charter ordinance or by anything therein contained.

SECTION 7.3: Continuation of Contracts, Public Improvements and Taxes. All contracts and memoranda of agreement entered into by the City, or for its benefit prior to the taking full effect of this charter ordinance, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws existing at the time this charter ordinance takes full effect may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws. All taxes and assessments levied or assessed, all fines and penalties imposed, and all other obligations owing to the City which are uncollected at the time this charter ordinance becomes fully effective, shall continue in full force and effect and shall be collected as if no change has been made.

ARTICLE VIII

REPEAL OF CHARTER ORDINANCES

Charter Ordinances No. 11, 28, 61, and 62 of the City of Olathe are hereby repealed.

ARTICLE IX

SEVERABILITY

If a court of competent jurisdiction should hold any section or part of this charter ordinance invalid, such holding shall not affect the remainder of this charter ordinance nor the context in which such section or part so held invalid may appear, except to the extent that an entire section or part may be inseparably connected in meaning and effect with that section or part.

If a court of competent jurisdiction holds a part of this charter ordinance invalid, or if a change in the Constitution of the State of Kansas or in the Statutes of Kansas or applicable federal law, renders a part of this charter ordinance invalid or inapplicable, the Council may take such appropriate action as will enable the City government to function properly.

ARTICLE X

PUBLICATION OF CHARTER ORDINANCE

This charter ordinance shall be published once each week for two (2) consecutive weeks in the official City newspaper.

ARTICLE XI

EFFECTIVE DATE OF CHARTER ORDINANCE

This is a Charter Ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, subdivision (c) (3), of the Constitution of the State of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.

PASSED AND APPROVED by the Governing Body, not less than two-thirds of the members elect voting in favor thereof, the 2nd day of August, 2016.

SIGNED by the Mayor this 2nd day of August, 2016.