Charter Ordinance No. 22

AN ORDINANCE OF THE CITY OF CLEARWATER, KANSAS, AMENDING CHAPTER 2, ARTICLE III, SECTION 2-70 OF THE CODE OF ORDINANCES, CITY OF CLEARWATER, KANSAS, EXEMPTION FROM STATE STATUTES REGARDING MAYORAL APPOINTMENTS.

WHEREAS, THE CITY OF CLEARWATER, KANSAS, has previously exempted itself from portions of K.S.A. 15-209, by Charter Ordinance, requiring that appointed officers, with the exception of the city attorney, municipal judge, and law enforcement officers, maintain residency within the City.

WHEREAS, there may arise circumstances where some appointed officer positions should be required to maintain residency within the City throughout their appointment; and

WHEREAS, Section 2-70 of the City Code does not currently allow for the City of Clearwater, Kansas, to establish certain appointed officer positions be required to maintain residency within the City throughout their appointment; and

WHEREAS, the governing body wishes that any mayoral appointment to the Chisholm Trail Recreation Commission will be subject to the same residency requirements as any appointed officer position that is required to maintain residency in the City throughout its appointment;

WHEREAS,  THE CITY OF CLEARWATER, KANSAS, wishes to amend the City’s code to clarify that it may create certain appointed officer positions that are required to maintain residency within the City throughout their appointment and that these requirements will apply to the mayoral appointments to the Chisholm Trail Recreation Commission.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, KANSAS:

SECTION 1:  Section 2-70 of the Code of Ordinances, City of Clearwater, Kansas, is hereby amended to read as follows:

Sec 2-70. – Exemption from state statutes regarding mayoral appointments

a.    The city elects to exempt itself from K.S.A. 15-201, pertaining to mayoral appointments to any city board, commission, advisory group or other body which is subject to approval of the city council.

b.    The city elects to exempt itself from K.S.A. 15-209, as it applies to appointment of nonresidents of the city as city officers. Unless an appointed city officer is otherwise required by this Code to maintain residency within the City throughout the entirety of their appointment, if the mayor is authorized to make an appointment to office, then he may do so without regard to the residency of the appointee, except that the appointee must be a resident of this state. All other provisions of K.S.A. shall be applicable to the city.

c.    All appointees by the mayor to the Chisholm Trail Recreation Commission shall be subject to the same residency requirements as any appointed city officer who is required to maintain residency within the City throughout the entirety of their appointment.