CHARTER ORDINANCE TO EXEMPT THE CITY FROM SECTION 4 OF HOUSE BILL 2217 (K.S.A. 12-16,128) REQUIRING A SPECIFIC FINDING THAT A PERSON IS UNQUALIFIED OR UNFIT TO HOLD THE OFFICE OR POSITION TO WHICH THEY HAVE BEEN APPO INTE D BY THE MA YOR.

BE IT ORDAINED by the Governing Body of the City of Yates Center, Kansas:

Section. 1. TITLE. This ordinance shall be known as the Charter Ordinance to Exempt the City from Section 4 of House Bill 2217 regarding mayoral appointments.

Section 2. LEGISLATIVE FINDING OF FACT. The 2008 Kansas Legislature passed New House Bill 2217 (K.S.A. 12-16,128) requiring that from and after July 1, 2008 any appointment to any board, commission, advisory group or other body made by the mayor which is subject to the approval of the governing body of the city must be acted upon by the governing body within 45 days of the appointment by the mayor or the appointment shall be deemed approved. The governing body of the city shall approve such appointment unless the governing body makes a specific finding by the passage of a resolution that the person is either unqualified to hold the office or is not fit to hold the office or position.

Section 3. PURPOSE. The purpose of this charter ordinance is to exempt the City governing body from the provisions of New House Bill 2217 (K.S.A. 12-16,128) without otherwise limiting the governing body providing advice and consent to mayoral appointments.

Section 4. CONSTRUCTION. Nothing in this ordinance shall be construed to abrogate or impair the powers conferred by the Kansas Constitution.

(12-15-2008)