A CHARTER ORDINANCE OF THE CITY OF STERLING, KANSAS REGARDING ITS FORM OF GOVERNMENT, BY EXEMPTING ITSELF FROM THE PROVISIONS OF L. 2015, CHAPTER 88, SECTION 71; AMENDING CHARTER ORDINANCE NO. 12; AMENDING CERTAIN PROVISIONS OF MUNICIPAL CODE ARTICLE 2; REAFFIRMING THE COMMISSION-MANAGER FORM; AND PROVIDING PROVISIONS FOR THE ELECTION OF OFFICERS, TERMS OF OFFICE, TRANSITIONS TO NOVEMBER ELECTIONS, FILLING OF GOVERNING BODY VACANCIES AND NOMINATION PETITIONS.
WHEREAS, on November 4, 1924, the citizens of the City of Sterling, Kansas, adopted by a majority vote the commission-manager form of government; and
WHEREAS, the Kansas Legislature adopted laws in 2015 regarding the commission-city manager form of government, moving City elections to November and providing provisions regarding appointment of vacancies in the Governing Body; and
WHEREAS, the City of Sterling, Kansas, wishes to provide its own provisions for the transition to November elections.
NOW, THEREFORE, IN CONSIDERATION OF THE AFORESTATED PREMISES, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF STERLING, KANSAS:
Section 1. FORM OF GOVERNMENT: The City of Sterling, Kansas, hereby re-affirms it shall follow all provisions of the City Commission-City Manager plan as directed by the citizens of Sterling by public vote on November 4, 1924. The City of Sterling, Kansas, continues to operate under the commission-manager form of government, and pursuant to all existing ordinances and charter ordinances relating to its form of government: The City Governing Body shall appoint a City Manager to be responsible for the administration and affairs of the City. The City Manager shall serve at the pleasure of the Governing Body. The City Manager shall see that all laws and ordinances are enforced. The City Manager shall appoint and remove all heads of departments, and all subordinate officers and employees of the City. All appointments shall be made upon merit and fitness alone.
Section 2. GOVERNING BODY; TRANSITION TO NOVEMBER ELECTIONS.
(a) The governing body consists of five commissioners. The commissioners shall be residents and qualified electors of the City of Sterling, Kansas. The five city commission positions shall be staggered and such office held until his or her successor is elected and qualified. In 2017, an election shall be held for two positions with the two candidates receiving the highest number of votes serving a three year term. In 2018, an election shall be held for two positions with the two candidates receiving the highest number of votes serving a three year term. In 2019, an election shall be held for one position with the candidate receiving the highest number of votes serving a three year term. Succeeding elections shall follow the staggered terms.
(b) Those positions that would have expired in April 2017, shall expire on the second Monday in January of 2018, when the city officials elected in the November 2017 general election take office.
(c) Those positions that would have expired in April 2018, shall expire on the second Monday in January of 2019, when the city officials elected in the November 2018 general election take office.
(d) Those positions that would have expired in April 2019, shall expire on the second Monday in January of 2020, when the city officials elected in the November 2019 general election take office.
Section 3. NON PARTISAN ELECTIONS: All elections for the City of Sterling, Kansas shall be nonpartisan.
Section 4. GENERAL AND PRIMARY ELECTIONS: The next general election shall take place on the Tuesday succeeding the first Monday in November 2017, and succeeding elections will be held every year for all such Governing Body positions whose terms have expired. Primary elections shall be held pursuant to Kansas law.
Section 5. QUALIFIED CANDIDATES: In accordance with K.S.A. 25-205 and K.S.A. 25-2110, and amendments thereto, any person may become a candidate for city office elected at large by having had filed, on their behalf, a nomination petition or a declaration of candidacy accompanied by any fee required by law. The nomination petition must be signed by qualified electors residing within the City of Sterling equal in number to not less than 1% of the current total of qualified electors of the City, and in no case to be signed by not less than 25 qualified electors of the City.
Section 6. VACANCIES: The laws establishing and relating to the commission form of government in cities of the second class shall govern the filling of vacancies in the governing body of the City of Sterling, Kansas.
Section 7. MEETINGS: The laws establishing and relating to the commission form of government in cities of the second class shall govern the rules for governing body meetings for the City of Sterling, Kansas.
Section 8. All other state statutes affecting municipal elections, qualifications of candidates, filing deadlines and requirements, and other election related matters, for city-manager form of government cities of the second-class, not modified or amended herein, are hereby ratified and affirmed
(07-05-2016)