CITY OF OLATHE
COUNCIL POLICY STATEMENT
Boards, Commissions, and Committees of the City Council
To establish policies for the creation and operation of boards, commissions, and committees of the City Council.
Statement of Policy:
The statement of policy is hereby incorporated with Resolution No. 19-1023.
Establishment of previous policy was incorporated with Resolutions 91-1126 and 99-1127.
RESOLUTION NO. 19-1023
A RESOLUTION ESTABLISHING POLICIES FOR THE CREATION AND OPERATION OF BOARDS, COMMISSIONS, AND COMMITTEES OF THE CITY COUNCIL; AND REPEALING RESOLUTION NO. 99-1127.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF OLATHE, KANSAS:
SECTION ONE: Definitions. For the purposes of this Resolution, the following words are defined and have the meaning ascribed to them in this section, unless the context clearly indicates a different meaning. Titles and subheadings as used herein are provided only as a matter of convenience and will have no legal bearing on the interpretation of any provisions of this resolution. The use or failure to use capitals has no legal bearing on the interpretation of such terms.
“Appointive Body” is a term of art in this Resolution used to describe all manner of permanent or temporary appointive bodies created by the City Council, including, but not limited to, boards, commissions, and committees.
“City Manager” means the appointed City Manager of the City of Olathe, Kansas.
“Governing Body” means the City Council of the City of Olathe, Kansas.
“Mayor” means the elected mayor of the City of Olathe.
“Temporary Appointive Body” means a body of members created by resolution to advise the City Council on some specific matter and having a time period to fulfill its appointed tasks.
SECTION TWO: Creation.
(A) The Governing Body may create appointive bodies to assist in the conduct of the operation of the City government with such duties as the Governing Body may specify not inconsistent with State statute, Charter Ordinance No. 76, as amended, or the Olathe Municipal Code.
(B) When creating an appointive body, the Governing Body will set forth the mission of the appointive body in the creation ordinance or resolution.
(C) Any appointive body so created will cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Governing Body.
(D) No appointive body so created will have powers other than advisory to the Governing Body, except as otherwise required by law or specified by the applicable creation ordinance or resolution.
SECTION THREE: Appointments.
(A) The Mayor is charged with the responsibility of recommending people to serve on appointive bodies, subject to ratification by the Governing Body.
(B) Preferred candidates for appointment should be residents of Olathe, or be otherwise connected to Olathe in terms of property ownership, business affairs, or by offering a unique and necessary expertise.
(C) The City will inform the public of all openings on all appointive bodies. Appointments to these appointive bodies will be based upon applications filed in the City Manager’s Office, which will be kept for a minimum period of one calendar year from receipt of the application.
(D) The Governing Body will receive written notification, including a copy of the application, from the Mayor of all proposed appointments at least seven (7) days prior to the consideration of the appointment at a regular meeting of the Governing Body.
(E) If Governing Body ratifies the proposed appointment, then the candidate will be appointed effective immediately unless Governing Body provides for a different effective date.
(F) After appointment to an appointive body, the new member will be provided a certificate of appointment and orientation materials and training from City staff. The materials and training will contain information designed to help the new member understand his or her role, duties and responsibilities on the body.
(G) A current City staff member may serve as an ex-officio member of an appointive body but may not serve as a voting member and also may not be appointed by the Governing Body.
SECTION FOUR: Operation and Procedure.
(A) Upon creation of the appointive body, the body must appoint or elect one member as chair, one as vice chair and one as secretary, unless otherwise required by law or specified by the applicable creation ordinance or resolution. The secretary may be a City employee acting as a non-member, ex-officio staff liaison. Temporary appointive bodies will not be required to reappoint or elect officers unless the term of the temporary appointive body will exceed one year.
(B) Unless otherwise specified in the creation ordinance or resolution, a majority of the appointive body will constitute a quorum for the transaction of business.
(C) Appointive bodies may make and establish such reasonable rules and by-laws, rules and regulations as may be necessary for their own governance and for the full and complete execution of their duties and responsibilities.
(D) Unless otherwise required by law, appointive bodies are subject to the Kansas Open Meetings Law and the Kansas Open Records Act, as amended.
(E) The City Manager may assign a City employee as staff liaison with each appointive body. The City Manager may also provide opportunities for each staff liaison and appointive body chair to attend facilitator training and other appropriate training related to their duties.
(F) The City Manager and Governing Body will include funds in the City budget for appropriate expenses as necessary to carry out the mission of the appointive bodies.
(G) Each appointive body must submit by March 1st of each year to the City Manager’s office for delivery to the Governing Body, a written annual report which must include a report on activities for the preceding year, a report on attendance of members, and a work plan for the current year. Temporary appointive bodies are not required to submit such report, unless the term of the temporary appointive body exceeds two years, since a report is required to be filed with the Governing Body at the end of the temporary appointive body’s project.
(H) Each year, the City Manager will plan and produce an annual appreciation celebration for volunteers and invite all members of appointive bodies to the celebration.
SECTION FIVE: Attendance.
(A) All members of appointive bodies should strive to attend all meetings of the appointed body to which they are a member. A member of any appointive body is considered to be in violation of the appointive board attendance requirements if the member receives notice of meetings and without excuse misses three (3) consecutive meetings or attends fewer than two-thirds (2/3) of the regular or special meetings of the appointive body which they serve within the twelve (12) month period following the member’s appointment, or an anniversary date thereof.
(B) The appointive body will be responsible for keeping track of attendance. In computing attendance, the standard will be in meetings held as the denominator and meetings attended as the numerator.
(C) “Excuse” means more than inconvenience and includes illness and family emergency.
(D) The application form will contain an acknowledgment that the applicant has read and understood the attendance requirements.
SECTION SIX: Vacancies and Removal.
(A) Vacancies occurring before the expiration of term will be filled by appointment by the Mayor with the consent of the remaining members of the Governing Body for the remainder of the unexpired term.
(B) Removal. A majority of the Governing Body may remove any appointive board member at any time for good and sufficient cause. Cause includes, but is not limited to, violations of the Code of Ethics of the City; any violation of applicable law, regulation or policy; neglect of duty; or failure to comply with the appointive body attendance requirements set forth in Section Five, above.
SECTION SEVEN: Terms of Office.
(A) The term of office for appointive bodies is set by State statute or the creation ordinance or resolution. Members of temporary appointive bodies will serve until completion of the body’s term or work, unless circumstances require otherwise.
(B) Terms of office for appointive bodies will be staggered to provide continuity. Temporary appointive body membership is not required to be staggered.
(C) When a member of an appointive body has served for a period of eight consecutive years on one particular appointive body, that member generally will not be eligible for reappointment until the member has vacated the position for one full term.
An appointive body member may be reappointed for more than eight years under exceptional circumstances. Exceptional circumstances include, but are not limited to, the incumbent’s special expertise; the need to preserve continuity on the appointive body; or a lack of other qualified applicants.
(D) A person may serve on more than one appointive body concurrently, provided there is no incompatibility of office between the appointments and meeting times of the appointive bodies do not conflict.
SECTION EIGHT: Amendment of Policies. These policies may be amended, or new policies adopted, by a majority vote of all members of the Governing Body.
SECTION NINE: Resolution No. 99-1127 is hereby repealed.
SECTION TEN: This Resolution shall take effect immediately.
ADOPTED by the Governing Body this 5th day of March, 2019.
SIGNED by the Mayor this 5th day of March, 2019.
/s/ Michael E. Copeland
/s/ Emily Vincent
APPROVED AS TO FORM:
/s/ Ron Shaver