A CHARTER ORDINANCE EXEMPTING THE CITY OF ROSE HILL, KANAS, FROM K.S.A. 15-204 AND 15-209 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT, RELATING TO THE APPOINTMENT OF CITY OFFICERS, THEIR DUTIES AND COMPENSATION, THE REMOVAL OF CITY OFFICERS, THE QUALIFICATIONS OF CITY OFFICERS AND THE FILLING OF VACANCIES IN THE CITY OFFICES AND AMENDING ANY ORDINANCE OR CHARTER ORDINANCE OF THE CITY TO CONFORM WITH THE PROVISIONS HEREOF.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ROSE HILL, KANSAS:

Section 1 Exemption from Statutes. The City of Rose Hill, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 15-204 and 15-209 and provide substitute and additional provisions as hereinafter set forth in this charter ordinance. Such referenced provisions are either enactments or part thereof, which are applicable to this city but are not applicable uniformly to all cities.

Section 2: Appointment of City Officers; Duties and Compensation; Removal. The Mayor, with the consent of the Council, may appoint, at the first regular meeting of the Governing Body in May of each year, the following city officers, to-wit: A city administrator, a municipal judge of the municipal court, a city attorney, a city prosecutor, a marshal-chief of police, and such other officers as deemed necessary. The duties and pay of the various officers provided in this section shall be regulated by ordinance except as herein provided. For good cause, the Mayor may remove any such officer with the consent of the City Council.

Section 3: Qualifications of Officers; How Vacancies Filled. The officers elected pursuant to statute or appointed under this ordinance shall be qualified electors of said city, except the city may appoint nonresidents for any appointment it deems necessary. The city attorney shall be a qualified elector of the county in which said city is located or of an adjoining county. The removal from such city of an officer elected pursuant to statute or appointed under this charter ordinance, who is required to be a qualified e lector thereof, shall occasion a vacancy in such office. All vacancies in office, except in the offices of Mayor and Council, may be filled until the next regular time for appointment by the Governing Body. Every appointment to office, and the date thereof, shall be entered on the journal of the proceedings of the Council.

Section 4: Duties of City Administrator. The city administrator shall supervise day-to-day operations of the city. Except as provided in this charter ordinance and subject to limitations imposed by any other ordinance of the city, the city administrator shall be responsible for the hiring and the continued employment of all city employees. All department heads shall make regular reports to the city administrator and shall be ready at all times to furnish him or her with such information as he or she may require.

Section 5: Severability. If a court of competent jurisdiction should hold any section or part of this charter ordinance invalid, such holding shall not affect the remainder of this charter ordinance nor the context in which such section or part so held invalid may appear, except to the extent that an entire section or part may be inseparably connected in meaning and effect with that section or part. If a court of competent jurisdiction holds part of this charter ordinance invalid, or if a change in the Constitution of the State of Kansas or in the statutes of Kansas or applicable federal law renders a part of this charter ordinance invalid or inapplicable, the Governing Body may take such appropriate action as will enable the city government to function properly.

Section 6: Effective Date. This charter ordinance shall take effect sixty-one (61) days after its final publication unless sufficient petition for a referendum is filed as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of the State of Kansas, in which case the ordinance shall become effective upon approval by a majority of electors voting at an election held on the ordinance.

(01-20-2015)