A CHARTER ORDINANCE EXEMPTING THE CITY OF GIRARD, KANSAS, FROM THE PROVISIONS OF K.S.A. 14-103, K.S.A. 14-201, AND K.S.A. 14-204, RELATING TO THE ELECTION AND APPOINTMENT OF CITY OFFICERS, THEIR TERMS OF OFFICE, THE FILLING OF GOVERNING BODY VACANCIES, TRANSITIONS TO NOVEMBER ELECTIONS, AND NOMINATION PETITIONS; AND, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REPEALING CHARTER ORDINANCE NO. 1984-1.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GIRARD, KANSAS:
Section 1. The City of Girard, 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. 14-103, K.S.A. 14-201, and K.S.A. 14-204, that apply to this City, but are parts of enactments which do not apply uniformly to all cities.
Section 2. (a) The Governing Body shall consist of a Mayor and four (4) 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 Girard, Kansas.
(b) The Governing Body of the City may, by ordinance, divide the City into wards, establish the boundaries thereof, and number the same. No ordinance redefining wards shall become effective less than thirty (30) days prior to the next regular City election.
Section 3. Those Governing Body positions with terms expiring in April 2017, shall instead expire on the second Monday in January of 2018, when the city officials elected in the November general election of 2017 take office. Those Governing Body positions with terms expiring in April 2019, shall instead expire on the second Monday in January of 2020, when the city officials elected in the November general election of 2019 take office.
Section 4. A general election of city officials will take place on the Tuesday succeeding the first Monday in November of 2017. The succeeding elections will be held every two years for all such Governing Body positions whose terms are expiring. Each ward shall elect one (1) Council Member while the Mayor shall be elected at large. All Governing Body members shall have four (4) year terms. All elections for the City of Girard, Kansas shall be non-partisan.
Section 5. Any person desiring to become a candidate for elected city office shall file with the County Election Officer, before June 1st, a declaration of candidacy on a form furnished by the County Election Officer as specified by the Secretary of State. If candidacy is filed via nomination petition, the petition must be signed by at least five percent (5%) of the qualified electors in the corresponding ward for a Council Seat, or of all qualified electors for the Mayorship of the City of Girard.
Section 6. The Mayor
shall appoint, by and with the consent of the Council, city officers in the
positions of City Administrator, Judge of the Municipal Court, City Attorney,
Chief of Police, City Clerk, City Treasurer, and Fire Chief. Officers shall be appointed
in November of even-numbered years to take office on January first (1st)
of the following year. Appointments thereafter shall occur every two (2) years
for all such positions whose terms have expired. All other employees of the
City of Girard shall be hired and terminated by a majority vote of the
Governing Body. The Governing Body shall by ordinance specify the duties and
compensation of the office holders, and by ordinance may abolish an office
created by the Governing Body whenever deemed expedient. The Governing Body may
retain a licensed Professional Engineer to act in the capacity of City Engineer
for specifically defined duties and provide for reasonable compensation for the
services rendered.
Section 7. No person shall be eligible for the office of Council Member who is not at the time of filing and election an actual resident of the ward from which elected. If any Council Member moves from the ward from which elected, the office shall be deemed vacant. Whenever a vacancy occurs, the Governing Body shall appoint an elector of the ward where the vacancy occurs to be Council Member for the remainder of the unexpired term. The Governing Body shall appoint an elector to fill a vacancy within sixty (60) days of the vacancy. If the Governing Body fails to fill the vacancy within sixty (60) days, the City shall hold an election to fill the vacancy within sixty (60) days.
Section 8. Each February of even-numbered years, or upon a change in membership of Governing Body, the Council shall elect from its membership a President of the Council. The President of the Council shall preside in the absence of the Mayor. If a vacancy occurs in the office of the Mayor by death, resignation, removal from the City, removal from office, refusal to qualify, or otherwise, the President of the Council shall vacate his seat as a Council Member and become the Mayor for the remainder of the unexpired term. Thereupon, the Council shall elect from its membership a new President of the Council. The vacancy created upon the Council President becoming the Mayor shall be filled pursuant to Section 7 above.
(11-21-2016; Amended by C.O. No. 2021-03)