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HomeMy Public PortalAboutCharter Ord 14 Establishing the Position of City Manager (Published in the m er//1 on the 7 day of �, nd ,;Z a/cD on the-1Y_day of , 999:)a0/6 THE CITY OF BEL AIRE, KANSAS CHARTER ORDINANCE NO. 14 A CHARTER ORDINANCE ESTABLISHING THE POSITION OF CITY MANAGER, EXEMPTING THE CITY OF BEL AIRE, KANSAS FROM CERTAIN TERMS AND PROVISIONS OF K.S.A. 14-201, K.S.A. 14-301 AND . K.S.A. 14-307, AND PROVIDING SUBSTITUTE PROVISIONS RELATING TO THE POWERS AND DUTIES OF CERTAIN OFFICERS OF THE CITY, INCLUDING THE POSITION OF CITY MANAGER. WHEREAS, the City of Bel Aire, Kansas is a city of the second class; and WHEREAS, the City of Bel Aire, Kansas deems it advisable to exempt itself from the provisions of K.S.A. 14-201, K.S.A. 14-301 and K.S.A. 14-307 relating to the powers and duties of certain officers of the City of Bel Aire, Kansas; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: Section 1. Exemption The City of Bel Aire, Kansas, by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to make inapplicable to it and exempts itself from the provisions of K.S.A. 14-201, K.S.A. 14-301 and K.S.A. 14-307 relating to the powers and duties of certain officers of the City of Bel Aire, Kansas. In exempting itself, the City of Bel Aire, Kansas finds that such provision is applicable to cities of the second class, but not uniformly applicable to all cities. Therefore, the City of Bel Aire, Kansas hereby adopts substitute and additional provisions on the same subject as hereinafter provided. Section.2. Position of City Manager Established There is hereby established the position of city manager of the City of Bel Aire, Kansas and hereby eliminated the position of city administrator. Section 3. Appointive Officers Subject to the provisions of K.S.A. 2008 Supp. 12-16,128, and amendments thereto, the mayor shall appoint, by and with the consent of the council, a city manager, a municipal judge of the municipal court, and a city attorney. Any officers so appointed shall hold an initial term of office not to exceed one year. Any officers who are reappointed shall hold their offices for a term of one year. All reappointments shall be voted on in May of each year. Not withstanding the above, any appointed officers may be suspended or removed at any time by the governing body. All such appointments shall be made upon merit and fitness alone. The council shall by resolution specify the duties and compensation of the appointed office holders. Officers appointed by the mayor and confirmed by the council shall be given directions by the city manager in regard to the city manager's responsibility for the administration of all of the affairs of the city. Appointed officers shall advise the mayor and/or the city council and/or the city manager on any issues in their area of responsibility that they believe need to be addressed. Section 4. Mayor and City Council The mayor shall preside at all meetings of the council and shall have the casting vote when the council is equally divided. A majority vote of the whole number of the governing body, with the council and the mayor having a vote, is required to pass a charter ordinance, to suspend or remove an appointed officer or to authorize the city manager to sign a contract or agreement. The mayor shall sign all non-appropriation ordinances and resolutions passed by the council; provided, that the mayor shall have the power to veto any ordinance or resolution passed by the council, except the mayor shall have no power to veto a charter or appropriation ordinance, or the council's confirmation of an appointed officer. If the mayor has failed to sign or veto such ordinance or resolution by the first regular meeting following the adoption of such ordinance or resolution, the same shall take effect without the mayor's signature. Any ordinance or resolution vetoed by the mayor may be passed over the veto by the vote of two-thirds of the whole number of the council members-elect, notwithstanding the veto. It shall be the duty of the mayor to sign all contracts and agreements authorized by the governing body, except those contracts and agreements designated by the governing body to be signed by the city manager. The mayor 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 council action relating thereto. The mayor may delegate city representation at various functions to council members or persons on the city staff. The mayor may annually or on a more frequent basis communicate to the council and citizens such information as he or she may possess with reference to the condition of the city, and recommend such measures as he or she may deem necessary and expedient. The mayor may inform the council concerning questions of policy and make policy recommendations to the council. Section 5 City Manager The city manager shall be responsible for the administration of all of the affairs of the city. The city manager shall see that the laws and ordinances of the city are enforced. The city manager shall have the authority to appoint, promote, transfer, assign and demote, discipline, lay off, suspend, discharge, or remove all heads of departments, and all subordinate officers and employees of the city, except the municipal judge of the municipal court and city attorney. Such officers of the city include the chief of police, city clerk, city treasurer, and police officers. All such appointments shall be made upon merit and fitness alone. Provided that, the city manager may delegate at his or her discretion such authority to appoint, promote, transfer, assign and demote, discipline, lay off, suspend, discharge, or remove subordinate officers and employees of the city to department heads. In addition, the city manager may, without notice, cause the affairs of any department or the conduct of any officer or employee to be examined. The city manager shall prepare and submit the annual budget to the governing body and also keep the city fully advised as to the financial conditions and needs of the city. The city manager may make recommendations to the governing body on all matters concerning the welfare of the city and shall have a seat, but no vote, in all of the public meetings of the governing body. The city manager, or his/her designee, may enter into, execute, approve and accept, on behalf of the city, all contracts, agreements and other documents as designated by the governing body. Section 6. Effective Date This Charter Ordinance shall be published once each week for two consecutive weeks in the official city newspaper and shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed, requiring a referendum to be held on this Charter Ordinance as provided in Article 12, Section 5 Subsection (c) (3) of the Constitution of the State of Kansas. If a sufficient petition for a referendum is filed, this Charter Ordinance shall become effective upon approval by a majority of electors voting thereon. Passed by the City Council by not less than two-thirds of the members- elect voting in favor thereof this 5th day of January, 2010. Approved by the Mayor this 5th day of January, 2010. YOH OL MI H SEAL ATTEST: CITY CLERK, VICK RAD ORD