A CHARTER ORDINANCE EXEMPTING THE CITY OF GODDARD, KANSAS FROM THE PROVISIONS OF K.S.A. 14-201, 14-301, 14-307 and 14-308 RELATING TO THE ELECTION OF OFFICERS, THEIR POWERS AND DUTIES, THEIR TERMS OF OFFICE, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, AND REPEALING PORTIONS OF CHARTER ORDINANCE NO. 13.

WHEREAS, the City of Goddard, Kansas is a city of the second class;

WHEREAS, the City of Goddard, Kansas deems it advisable to exempt itself from the provisions of K.S.A. 14-201, 14-301, 14-307 and 14-308, and to repeal portions of Charter Ordinance No. 13; and

WHEREAS, the City of Goddard, Kansas, pursuant to K.S.A. 12-184b(c), deems it advisable to establish the powers and duties of the governing body, including the mayor, and certain appointive officers of the City of Goddard, Kansas.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GODDARD, KANSAS:

The City of Goddard, 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. 14-201, 14-301, 14-307 and 14-308. The City of Goddard, Kansas finds these statutes do apply to this city, but are parts of enactments which do not apply uniformly to all cities and hereby adopts substitute and additional provisions on the subjects as hereinafter provided.

The governing body of the City of Goddard, Kansas shall consist of five (5) council members to be elected to terms as set forth herein. The council members shall be residents and qualified electors of the City of Goddard, Kansas. The current mayor of Goddard, Kansas shall be hereby appointed to fill the currently vacant council member position with a term expiring on the second Monday in January 2024.

A mayor and a vice mayor shall be chosen by majority votes of the city council from among its membership at its first regularly scheduled meeting following the second Monday in January and every even numbered year thereafter for a term of two years. The mayor and vice mayor shall serve at the pleasure of the city council and may be removed as officers by majority vote of the city council. The current mayor shall continue to hold such office until January 2022. The current president of the city council shall become the vice mayor and shall continue to hold such office until January 2022. The position of city council president is hereby eliminated. The mayor and vice mayor shall serve for the terms prescribed herein and until successors have been duly appointed and qualified.

The mayor shall be the official head of the city on formal occasions and shall serve as the leader in the activities and duties of the city council. As the official head of the city, the mayor shall not only lead but shall speak to the aims, policies and programs of the city, but his or her authority is restricted to that of a council member, except as hereinafter provided and as serving as chairman of the city council meetings. The mayor shall have no administrative or executive duties but shall refer all such matters to the city administrator. The mayor shall preside at all meetings of the city council, shall sign all resolutions, proclamations, minutes, ordinances, contracts, revenue bonds and other official instruments approved by the city council; provided that, such documents and instruments, except ordinances, may be signed by the city administrator if permissible by law and authorized by the city council. The mayor shall have no veto power.

In the absence of the mayor, the vice mayor shall substitute for the mayor on public occasions, shall preside at meetings of the city council, and shall sign minutes, proclamations, resolutions, ordinances, contracts, revenue bonds and other official instruments approved by the city council as may be necessary in the mayor’s absence. The vice mayor shall assume no other duties of the mayor except as specifically provided herein or as may be required by law.

The mayor and vice mayor shall be entitled to vote on all matters before the city council.

In the event a vacancy occurs in the membership of the city council because of resignation, death, ouster, disqualification or other reasons except expiration of an elected term, the mayor shall, with the consent of the remaining city council members, appoint a suitable elector of the City of Goddard, Kansas to fill such vacancy for the remainder of the unexpired term.

In the event a vacancy occurs in the office of mayor or vice mayor because of resignation, death, ouster, disqualification or other reasons except expiration of an elected term, the position shall be filled for the remainder of the unexpired term from among the remaining city council members by a majority vote of the city council at the next regular city council meeting at which all remaining council members are present.

Except as explicitly provided in this ordinance, the unexpired terms of the current council members shall not be affected by this ordinance.

A general election of city officers shall take place on the Tuesday succeeding the first Monday in November 2021. Succeeding elections will be held every two years for all city council positions with terms set to expire during the succeeding January. The terms for city council positions shall be four (4) years.

The city administrator shall act as the administrative head of the city and shall direct the affairs of the city within the limits of the budget, the policies established by the city council, and all other requirements of law. The city administrator shall see that the laws and ordinances of the city are enforced. The city administrator shall supervise, direct, and assign the duties of all employees and officers of the city, except for the municipal court judge and city attorney. Such employees and officers shall serve at the pleasure of the city administrator, but no officer or department head shall be appointed, promoted, transferred, demoted, disciplined, laid off, suspended, discharged, or removed without first seeking advice and input from the governing body. Such officers of the city shall include the chief of police, city clerk, city treasurer, and police officers. All such appointments shall be made upon merit and fitness alone. The city administrator may delegate the 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 administrator may, without notice, cause the affairs of any department or the conduct of any officer or employee to be examined. The city administrator shall prepare and submit the annual budget to the governing body and also keep the governing body fully advised as to the financial conditions and needs of the city. The city administrator 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 administrator, or his or 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. All administrative duties not specifically required by statute to be performed by the city council are delegated to the city administrator.

Subject to the provisions of K.S.A. 12-16,128, and amendments thereto, the Mayor shall appoint, by and with the consent of the governing body, a city administrator, a municipal judge of the municipal court, and a city attorney. The city administrator shall oversee and direct the activities of such officers as it relates to the administration and affairs of the city, but no such officer may be suspended or removed except by the governing body.

…

Charter Ordinance Number 13 of the City of Goddard, Kansas is hereby repealed, except as to Sections 1 and 6 of that ordinance.

(02-16-2021)