A CHARTER ORDINANCE EXEMPTING THE CITY OF DEERFIELD, KANSAS, FROM THE PROVISIONS OF K.S.A. 15-201 AND K.S.A. 15-204. WHICH PROVIDE FOR THE ELECTION OF MAYOR AND COUNCIL MEMBERS, THEIR TERMS, THE FILLING OF VACANCIES. AND THE APPOINTMENT OF MUNICIPAL OFFICERS AND MEMBERS OF BOARDS, COMMISSIONS, ADVISORY GROUPS OR OTHER BODIES; ESTABLISHING DATES FOR PRIMARY AND GENERAL ELECTIONS; PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS; REPEALING CHARTER ORDINANCE NO. 5; ALL TO THE CODE OF ORDINANCES OF THE CITY OF DEERFIELD, KANSAS.
BE IT ORDAINED by the Governing Body of the City of Deerfield, Kansas:
SECTION 1. Charter ordinance authority.
The City of Deerfield, Kansas (city), by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of the Kansas, hereby elects to exempt itself from and to make inapplicable to the city the provisions of K.S.A. 15-201 and K.S.A 15-204, which apply to the city, but do not apply uniformly to all cities, establishing a procedure for elections of mayor and council members. their terms, the filling of vacancies, and the appointment of municipal officers and members of boards, commissions, advisory groups or other bodies. The city, through enactment of this charter ordinance, shall establish substitutes and additions to K.S.A. 15-201 and K.S.A. 15-204.
SECTION 2. Primary and general elections.
The primary election of city officers shall be held on the first Tuesday in August of every odd numbered year. The general election of city officers shall be held on the Tuesday succeeding the first Monday in November of every odd numbered year.
The next primary election shall take place on the first Tuesday in August 2017. The next general election shall take place on the Tuesday succeeding the first Monday in November 2017, and succeeding elections will be held every two (2) years for all city officials positions whose terms have expired.
SECTION 3. Terms of office.
The terms of the city officials that would have expired in April 2017, shall expire on the second Monday in January 2018, when the city officials elected in the November 2017 general election take office Those city officials with terms that would have expired in April 2019, shall expire on the second Monday in January 2020, when the city officials elected in the November 2019 general election take office.
SECTION 4. Governing body.
The governing body shall consist of one (1) mayor and five (5) council members. The terms of all elected city officials shall be four (4) years, with the elections for council members to be staggered as established by the election in April 1973.
SECTION 5. Vacancy in office.
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. In case of a vacancy in the council occurring by reason of resignation, death, removal from office or from the City, or any other reason, 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 case any person elected as a council member neglects or refuses to qualify within thirty (30) days after election, the council member shall be deemed to have refused to accept such office and a vacancy shall exist. Thereupon the mayor may, with the consent of the remaining council members, appoint a suitable elector to fill the vacancy.
SECTION 6. Appointment of city officers; duties and compensation; removal.
Subject to the provisions of K.S.A. 2015 Supp. 12-16,128, and amendments thereto, the mayor, with the consent of the council, may appoint, at the first regular meeting of the governing body in January of each year, the following city officers: A municipal judge of the municipal court, a clerk, a treasurer, a marshal-chief of police, law enforcement officers and such other officers as deemed necessary. Such officers shall hold an initial term of office of not to exceed one (1) year and until their successors have been appointed and qualified. Any officers who are reappointed shall hold their offices for a term of one (1) year and until their successors are appointed and qualified. The duties and pay of the various officers shall be regulated by ordinance. Any officer may be removed by a majority vote of the total membership elected or appointed to the council and may be suspended at any time by the mayor.
SECTION 7. Repeal of Charter Ordinance No. 5.
Charter Ordinance No. 5, passed by the governing body on November 3, 2008, is hereby repealed. (Charter Ordinance No. 5 passed by the governing body on May 3, 2011, which should have been Charter Ordinance No. 6, remains in full force and effect.)
(11-08-2016)