Charter Review Commission Final Report

2016-2017 City of Lee's Summit Charter Review Commission

FINAL REPORT

City of Lee’s Summit Charter Review Commission 2016-2017

Commission Members Gladys Bratton, Chair Ron Williams, Co-Chair John Beaudoin, Commissioner

Brad Cox, Commissioner

Jim Devine, Commissioner

José Ruiz, Commissioner

Terry Trafton, Commissioner

Paula Derks, Commissioner

Michael Dayton, Commissioner

Mike Atcheson, Commissioner

Fred DeMoro, Commissioner

Lenny Cacchio, Commissioner

Supporting Staff Steve Arbo, City Manager Brian Head, City Attorney Denise Chisum, City Clerk Stacy Lombardo, Recording Secretary City of Lee’s Summit 220 SE Green Street Lee’s Summit, MO 64063 (816) 969-1000 www.cityofls.net

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Table of Contents

1. Title Page .................................................................................................................. i 2. Table of Contents..................................................................................................... ii 3. Letter to Mayor, Councilmembers and Citizens ....................................................... 1 4. Resolution No. 15-18, establishing the 2016-2017 Charter Review Commission .... 3 5. “Pros” and “Cons”, discussion by the Charter Commission ..................................... 6 6. Draft Charter with Proposed Changes ................................................................... 34 7. Proposed Ordinance calling for election ................................................................ 68 8. Action Letters (Minutes) of the 2016 Charter Commission meetings ..................... 78

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Charter Review Commission

November 29, 2016

To: Honorable Mayor Rhoads, Councilmembers and Citizens of Lee’s Summit Section 14.8. Charter Review Commission, of the Lee’s Summit City Charter, provides that “From time to time, but no less often than every ten years, the Council shall provide for a Charter Review Commission to review this Charter and to recommend to the voters of the city proposed amendments, if any, to this Charter.

In accordance with Section 14.8, the Lee’s Summit City Council established a Charter Review Commission on December 17, 2015, with the passage of Resolution No. 15-18. Twelve citizens were selected to serve on the Commission and were required to report any recommendations to the voters within twelve months of the first meeting.

On January 11, 2016, the first meeting of the Commission was held, at which time Commission Member Gladys Bratton was elected as Chairperson and Commission Member Ron Williams was named as Co-Chair. Commission meetings were held the first and third Tuesday of every month, with the January 19, 2016, meeting cancelled due to inclement weather. A Public Hearing, advertised and open to the public, was held on February 16, 2016.

To aid in the Commission’s deliberation, a chart was created for “Pros” and “Cons”, based on comments and concerns from Commission members and the public. As each section was debated, the comments and opinions were added to the chart and projected on the screen for all to view. This chart is attached, along with a copy of the Charter, with proposed redlined recommendations.

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2016-2017 Charter Review Commission PROs and CONs 11/01/16 Preamble: Recommendations from Jim Devine  Add “Intent” sentence: “With this home rule charter, we affirm governance which is responsive and inclusive to create an economically vital community committed to equal opportunity, education, business and citizen participation, diversity, historic and neighborhood preservation, and a high quality of life where families and businesses thrive.”

Suggestion from Brad: “…committed to a high quality of life where family and business thrives.” “…which aspires to create an economically vital community…

Brian’s suggestion: “…we affirm our commitment to self governance…”

Ron’s suggestion: “We the People of Lee’s Summit, Missouri, to build on a proud heritage, affirm governance that is responsive, inclusive and creates an economically vital community committed to diversity and equal opportunity that secures the benefits and advantages of constitutional home rule under the Missouri Constitution, do hereby establish this Charter for the better government of our city.”

A separate committee to consider and determine 2 examples of potential language.

11/15/16

Approved the following: We, the People of Lee’s Summit, Missouri, in order to secure the benefits and advantages of constitutional home rule under the Missouri Constitution, do affirm our commitment to selfgovernance and aspire to create an economically vital community committed to equal opportunity, citizen participation, diversity and to promote a high quality of life where families and businesses thrive and hereby establish this Charter for the better government of our city.

Suggestion to revisit the possibility of changing “city” to “City” throughout document.

ARTICLE I. INCORPORATION, NAME AND BOUNDARIES PROS:

CONS:

*MOTION: NO CHANGE. ARTICLE II. POWERS PROS:

CONS:

*MOTION: NO CHANGE ARTICLE III. CITY COUNCIL Section 3.1. Where Powers Vested.

PROS:

CONS:

*MOTION: NO CHANGE. 6|P a g e

Section 3.2(a) Composition Suggested Changes  Section 3.2(a) In each district, one at-large and one district-only  Section 3.2(a) Eight districts with one councilmember and two at-large.  No change to Charter: PROS: CONS:  With two in each district and staggered terms,  Seniority provides institutional knowledge. more chance for having at least one at each  Could have councilmember that is meeting. unapproachable.  Works well now.    

   

 Section 3.2(a) Add two at-large councilmembers: PROS: Gives the ability to spread the talent around.

More chance for a voting block without at-large.

Times when districts are in conflict.

    

CONS: Could have more people in one district than others.

What is the benefit of adding?

Makes it easier to lobby.

Opens door for special interest groups because not working for one district.  Councilmembers making decisions for whole city, not just their district.  Burden of running city-wide.  Requires more people to run and difficult to get candidates to run.  Are there issues now? Is there a need to change?  At-large weakens representation of one side of the city because could have a consensus of the atlarge from one area of the city and could pass anything.  Section 3.2(a) Eight individual districts to reduce size of each district, change to coincide with 2020 redistricting PROS:  CONS: Smaller districts might be less conflicted  Could start building territorial interests.

Would bring constituents closer to councilmembers  Cost of campaigning would be the same no matter the size of district.

Campaigning would be more manageable  Difficult to find candidates  Will split into upper income and LMI districts  No continuation and institutional knowledge when leave

MOTION: Section 3.2(a) Composition. No change.

10/4/2016 Section 3.2(a) PROS: Further discussion:  Making 8 districts with one for each district  Could walk your district.  As an example, in State have one representative per district.  Could still have people running unopposed.  Primary reason for changing to 8 districts would be smaller districts, chance for people to be closer to their district representative.

CONS:  Would leave no institutional knowledge in a district.  Would open for lobbyist to influence one person and easier to “buy” a smaller district.  Committee assignments, would not have representation on key committees if only one member in a district.  Issue on State ballot on campaign contributions.  Several instances where councilmembers have run unopposed. Will thin the candidate stream.  What would happen if you didn’t have a candidate? Would be without a district representative.

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 If have to appoint, who would do the appointment? Council.  State districts are much larger and have more opportunities, more potential candidates  What works at state is not necessarily right for city.  Should be able to go to any councilmember and discuss your issue.  Spreads one person thin, no alternate.  May not be a good socio-economic mix.

10/4/2016 MOTION to change to 8 districts in lieu of 4, one councilmember per district. MOTION FAILED.

Section 3.2(b) Qualifications Suggested Changes  Clarify “qualified voter  Review language from state about voter qualification of a candidate. More descriptive.  Tighten qualifications  Full-time Councilmembers PROS: CONS:

*MOTION: Section 3.2(b) Qualifications. Approve as follows: Qualifications. A Councilmember shall have been a resident of the city for two years next preceding election and a qualified voter of the city and shall remain a resident of his or her district and a qualified voter of his or her district. The term “qualified voter” shall be as defined in Section 9.1(d) of this Charter. A Councilmember shall have been a resident of his or her respective district for six months next preceding election.

Section 3.2(c) Election, Terms and Term Limitations  Review provisions for effectiveness and success  Clarify language  Perhaps three year terms instead of four to encourage more people to run  One 4-year councilmember, one 2-year councilmember-Change in terms across the board PROS: CONS:  Could be an alternative for one councilmember  2-year means have to run twice, more cost term of 3 years instead of 2 years  Takes time for councilmembers to figure out  Someone may not want to serve for four years process & procedures of City and Council  Brings up question about term limits for shorter  If shorten terms, new ones come in with agenda terms. and can affect a well-run staff-2 years too much turnover.  Better to have 3-year terms across the board.  Conversely, four-year term can be too long if have someone who is not effective.  Difficult to get someone who is either selfemployed or retired.  Election cycle every year is disruptive.  Less than 4 year term, too much turnover, not only for staff but for public  Term limits PROS:  More control in City Council.

CONS:  Whenever have turn over in Council, control goes to professional staff.

*MOTION: NO CHANGE. 8|P a g e

Section 3.3 Compensation  Council compensation PROS:

CONS:

*MOTION: NO CHANGE. Section 3.4 Mayor Pro-Tempore Section 3.4(c) Duties  Council committee appointments  Quorums for committee meetings PROS:  Decided that Council committees should be in ordinances for Council Rules, not Charter.  Currently, Committees have 4 members and an alternate. Must have 3 – at least 2 members, alternate and/or MPT.  Consensus reached that these issues, as suggested during the Commission public hearing, should be Council Rules, not Charter amendments.  Action at later meeting is listed below.

CONS:

MOTION: See Motion below for Section 3.4(a), (b) and (c).  Clean up language PROS:  Divide up the section on Mayor PT and put in an outline form rather than narrative. – City Attorney  Consensus reached that suggestions are related to Council Rules, not the City Charter, but the Commission asked the City Attorney to divide into outline form, instead of narrative.

CONS:

Section 3.4(a) Election and Qualification  ELECTION OF MAYOR PRO TEM PROS: How to keep the election of MPT from becoming political.  Suggestion to elect Mayor Pro Tem prior to municipal election.  The sitting council would be more familiar and more experienced with the role of Mayor Pro Tem.  New councilmembers would not know who is the most qualified for a leadership position.  In off election years, the new councilmembers will have a year’s experience.  Position of Mayor Pro Tem has evolved.  Mayor Pro Tem would have time to assign committees to begin with new council.  Need language to allow only those in office after

CONS:  If all four positions change, who do you want to be voting on the MPT?  Could still be a problem if elect MPT between election and swearing in.  Should the ones going out, whether term limit or not re-elected, be choosing the MPT?  An incumbent, unless running unopposed, would have no chance of being elected as MPT.

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election to be eligible. Would have to be one of the four who are not up for election.

MOTION: City Attorney be directed to present wording to state as follows: In an election year, the Election of Mayor Pro Tem shall occur after the municipal election and prior to the swearing in of new councilmembers. In non-election years, the Mayor Pro Tem shall be elected not later than April 30th. Councilmembers are eligible to serve as MPT after one year of the present election.”

SECOND CONSIDERATION: ELECTION OF MAYOR PRO TEM PROS: Further discussion on Section 3.4(a):  After reconsideration, perhaps the new Council should choose a pro tem themselves, rather than the outgoing Council.  Would be best if there is a time deadline to elect a Mayor Pro-Tem.  Items can be taken directly to Council in the interim.  Suggestion: “At the first regular meeting following swearing in or first meeting in May, Council shall elect a Mayor Pro-Tem.”  Require the Mayor to set a strategic meeting every two years to agree upon and revisit the Council 5year plan. Then elect a pro tem after that meeting.  Perhaps go back to Mayor appointments to committees. Would have a better idea of who would better serve.  Election of MPT should be first meeting in May  If Mayor not available, MPT would be the one to issue an emergency proclamation. Important to have MPT early in new Council.  Goal is to establish a system that sets up value for the community as a whole.

CONS:  Can create a feeling of power in the pro tem that overpowers mayor.  People jockey for position.  Same issues whether Mayor appoints committees or MPT appoints  If chosen first meeting in May, takes time for pro tem to select committees, so could be mid-June before committees are set.

Four scenarios:  Keep as is: Council select MPT and MPT choose committees  2.5 members wanted to consider this idea  Mayor selecting MPT and Mayor choose committees  0 members wanted to consider  Mayor select MPT and MPT choose committees  Mayor would be vetting the MPT. Gives checks and balances  8 members wanted to consider  Council select MPT and Mayor choose committees  Provides degree of separation of powers  7 members wanted to consider

MOTION: Modify Charter so Mayor appoints MPT and the MPT appoints Council Committees.

Motion passed 7 “aye”, 5 “no” On vote: Micheal D Aye Brad Aye Jose No Gladys Aye Fred No Ron No

Jim

Aye

Terry Aye

John

No

Lenny No

Mike A. Aye Paula

Aye

Staff directed to write the motion in the Charter for further consideration by the Commission.

NOTE: Wording in Article 3, Section 3.4(a) should also be included in Article IV, Mayor’s Powers and Duties.

Consensus by Commission:

 Deadline for Mayor to appoint MPT: First meeting in May.  Deadline for MPT to appoint committees: Submit to Council by first regularly-scheduled meeting in June  MPT must have served on Council at least a year - No  Appointment of a councilmember to a committee is for a term of a year and a member can only be removed by a vote of the full council, by an unexpired term or by vacancy

City Attorney to bring back suggested language on these four points.

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4/19: City Attorney presented language: Section 3.4. Mayor Pro Tempore. (a) Election and Qualification. The Mayor shall appoint annually, not later than the first regular meeting of the City Council in May, a Mayor Pro Tempore. (b) Powers. The Mayor Pro Tempore shall assume the powers and duties of the Mayor during the absence or disability of the Mayor, or if a vacancy occurs. While assuming the powers and duties of the Mayor, the Mayor Pro Tempore shall retain his or her vote as a Councilmember, but shall not possess the additional mayoral voting power provided by Section 4.4(a), Council Meetings, and shall not possess the mayoral veto power provided by Section 4.4(c), Veto. (c) Duties. The Mayor Pro Tempore shall appoint, with the advice and consent of a majority of the Council, all Council committees and Council liaisons not later than the first regular meeting of the City Council in June. Any appointment to a City Council Committee or a Council Liaison shall be for one (1) year, subject to removal by a vote of the majority of the Council.

MOTION: Accept language in Article 3, Section 3.4, as provided by the City Attorney, with the addition of “liaison”.

10/4/2016 Section 3.4(a) CONS: PROS:  Difficult to take politics out of the process of Further discussion on Section 3.4(a): committee assignments based on Mayor Pro  Concern that Mayor could continue to appoint Tem the same councilmember as Mayor Pro Tem  Need to have separation of powers 10/4/16 MOTION: Do not change current November 2007 Charter, Section 3.4(a), as it relates to the appointment of the Mayor Pro Tem. MOTION FAILED. CONTINUE with Mayor appointing Mayor Pro Tem 10/4/2016 Section 3.4(c) PROS: Further discussion on Section 3.4(c):  Suggestion to add language, “…subject to removal by vote of majority of Council only if evidence to support violation of Ethics Code, Charter or law, as defined in Section 3.15, has been validated.”  Still have a check with the Mayor Pro Tem making appointment.

10/4/16 MOTION: No change in previous decision.

CONS:  Council may want to move assignments around that would have nothing to do with ethics code.

Section 3.5 Administrative Policy Matters  Prohibition of interference by the City Council  No consequence if violate prohibition  Relationship between Council and City Manager  Add a Council employee, responsive to Council PROS: CON:  Any penalty related to 3.5 should be included in  Removal from office is extreme, maybe a Section 3.7(b) progression to bring back to Council and maybe a censure instead of removal.  If repeat offense, could move toward removal  Code of Ethics could be an opportunity for Council  Protects the balance of power to approve bad behavior.  Elected body would be the best place for 11 | P a g e

consideration of violation Need teeth in Charter to make sure Mayor and Council do not violate.  Pick out 2-3 acts that damage the form of government.  Council could be required to adopt a Code of Ethics within 12 months of charter adoption that includes reasons for removal.  Combine 3.5 and 3.7(b) to include Code of Ethics  Gives them the authority to police themselves  The City Manager should define the weight of the misconduct.  If City Manager determines there is a potential violation, issue would be brought to Council as a whole for decision.  Under 3.7(b) add sentence “Any councilmember having been found to have violated Section 3.5 shall be subject to discipline by the Council up to and including removal from office.”

    

Difficult to police themselves.

Would leave it open to interpretation.

Other side there could be a councilmember that others don’t like, could set them up and get 2/3rds to vote with them to get rid of a councilmember.

If leave to interpretation, will fail.

Council ends up being judge of their peers.

“Any violation of the Charter may be brought to the Council by the City Manager, City Attorney, Mayor other Councilmember.”  If intent is to censure violator, have to have process in place or dead-end.  Due processes – don’t get into the “he said/she said”.  Brian to bring back language that would  include consequences to violations;  require Council to have a Code of Ethics (not in same section); and ,  who has ability to bring forward.

*MOTION: SEE NEW SECTION 3.15, TO BE ADDED TO THE CHARTER. Section 3.6 Prohibition of Holding Other Office PROS:  Maybe add “elected” position?  Discussion on what the section actually means.  City Attorney to research.

CONS:

CONSENSUS FOR CITY ATTORNEY TO RESEARCH ISSUE AND DRAFT LANGUAGE. *MOTION: Accept amending language as proposed by the City Attorney: Section 3.6. Prohibition Against Holding Other Office.

Except where authorized by law, or pursuant to an agreement between the city and another entity of government, no Councilmember shall hold any other Lee’s Summit city office, or city employment, other elected public office or any incompatible public office, during the term for which the Councilmember was elected to the Council, and no former Councilmember shall hold any compensated appointive Lee’s Summit city office or city employment until one year after the expiration of the term for which the Councilmember was elected to the Council.

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Section 3.7. Vacancies; Forfeiture of Office; Filling of Vacancies.

PROS:

CONS:

*MOTION: In Section 3.7(c), amend to read : “The Council by a majority vote of all its remaining members shall appoint a qualified person, as defined in Section 3.2, to fill a vacancy…”

Section 3.8. Judge of Qualifications.

PROS:

CONS:

*MOTION: NO CHANGE Section 3.9. City Clerk.  Availability of records in electronic format PROS:  Have to consider if there are changes in methods of providing documents.  Sunshine Law dictates methods of providing documents.  City policy sets up requirements.

CONS:

*MOTION: NO CHANGE Section 3.10. Law Department.

PROS:

CONS:

*MOTION: NO CHANGE Section 3.11. Investigations.

PROS:

CONS:

*MOTION: NO CHANGE Section 3.12. Audits and Reviews.

PROS:  How often does an audit occur and should it be in Charter or in Council policies.  Audit recommended by City Manager annually.  Is it redundant?

CONS: The City Council does not audit themselves at this time.

 City Attorney to research and report back.

 Per City Manager, this provision is effective and works well.  Major Departments now go through national accreditation programs every three years.  Most of the City Manager-suggested audits have been technology systems and customer service, instead of operational.  Issues with this section can be fixed by ordinance.

*MOTION: NO CHANGE 13 | P a g e

Section 3.13. Legislative Proceedings.

Section 3.13(a) Meetings  Public comments at City Council meeting, no interaction with councilmembers during public comments.  Agendas  More interactive process PROS: CONS:  How detailed does the Commission want to go into the order of business? Most is in the Code of Ordinances.  Different types of ordinances – committee structure.  Does the Commission want to discuss or is this a Council/Staff issue?  Brian: At least 7 days have to lapse between first and second reading.  Requirement for two readings.  Unless there is a legal rationale, would be difficult to let the Mayor and Council do things the way they want.

*MOTION: NO CHANGE Section 3.13 (b) Rules and Journals.

PROS:

CONS:

*MOTION: NO CHANGE Section 3.13 (c) Voting.

PROS: Voice votes vs. roll call votes.  Votes need to be on record. There seems to be way too much confusion while voting.  People can still answer “Present but not voting” or “abstain”.  Eliminating voice votes would pressure Council to add simultaneous electronic display.  Video conferencing. Councilmembers can participate but must be present to vote. State law.  With simultaneous display, the screen would display the vote.

CONS:  Some Council members are not voting or they change their votes.  Requiring roll call votes on every issue will slow the process.

MOTION: Amend Section 3.13(c) by replacing “voice vote” in first sentence with “roll call vote” and delete “except on the adoption of any ordinance which shall be either by simultaneous electronic display or roll call, …”

10/4/2016 Section 3.13(c) PROS: Further discussion on Section 3.13(c):  Suggested changing to “Voting on ordinances or resolutions shall be by roll call or electronic display.”  Decision was to keep requirement roll call on every motion. *NO CHANGE.

CONS: 

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Section 3.13 (d) Form of Ordinances.

PROS:

CONS:

*MOTION: NO CHANGE Section 3.13 (e) Procedure Section 3.13(f) Emergency Ordinances  Bills read and passed on the same evening PROS: Language suggested by City Attorney  Readings in two different meetings  Discuss whether there is a need for two public hearings – PC and Council  Changes in technology – reports and ordinances are available on the Web. Different from 10 years ago, which increases transparency.  Suggestion  Remove Section 3.12(f) Emergency Clause and allow the Council to determine whether or not an ordinance is read in one or two meetings.  Add “Council Committee or City Board/ Commission”.

CONS:  Community would feel the City is trying to pull a fast one if the emergency clause is removed.

*MOTION: Amend Section 3.13 (e) Procedures., to read as follows: (1) Procedure. Every proposed ordinance shall be read by title in open Council meeting two times before final passage not more than one of which shall be on the same day; and at least one week shall elapse between introduction and final passage, unless the ordinance shall have received a recommendation of approval from a City Council Committee…

Amend Section 3.13 (f) Emergency Ordinances., to read as follows: (f) Emergency Ordinances. All emergency ordinances shall be read in full in open City Council meetings. An ordinance may be passed as an emergency measure on the day of its introduction if it contains a declaration describing in clear and specific terms the facts and reasons constituting the emergency and receives the affirmative vote of twothirds of the entire Council. An ordinance granting, reviewing or extending a franchise shall not be passed as an emergency ordinance. The emergency procedure shall be restricted to the following: (1) Bills concerning the immediate preservation of public peace, property, health, economic development, safety or morals.

(2) An appropriation for payment of principal or interest of the public debt.

(3) An appropriation for the payment of current expenses of the City government or payment of compromise settlement of damage claims upon recommendations of the City Attorney.

(4) Calling an election or providing for the submission of a proposal to the people.

(5) Any ordinance fixing any tax rate or assessment.

(6) Any ordinance relating to the public improvement to be paid for by special assessment.

On vote: Micheal D Gladys

Aye Absent

Brad Aye Fred Aye

Jim Aye Terry No

John Absent Lenny No

Mike A. Aye Paula Aye

Jose Aye Ron No 15 | P a g e

Section 3.13 (e)(2) Procedures.

PROS: CONS:  Charter says: “…and at least three copies shall be provided for public inspection in the Office of the City Clerk and made available in electronic format until it is finally adopted or fails of adoption”. *MOTION: Amend language to state, (2) “ A copy of each proposed ordinance shall be provided for each Council member at the time of its introduction and made available in electronic format until it is finally adopted or fails of adoption. Copies shall be available in the Office of the City Clerk and publicly available on the City’s web site.”

3.13 (g) Effective Date.

CONS:

PROS:

*MOTION: NO CHANGE

PROS: Add period at end of sentence!

3.13 (h) Authentication and Recording CONS:

*MOTION: NO CHANGE. Section 3.14. Revision of Ordinances PROS: Confirmed this is the City Clerk’s. However, this is a carry-over from the original Charter Commission and any updates from this Review Commission will not take three years to change in the Code of Ordinances.

CONS:

*MOTION: NO CHANGE.

PROPOSED NEW PROVISION: Section 3.15. Charter Violation and Ethics Code.

Any violation of this Charter or adopted Ethics Code by the Mayor or a Councilmember may shall be brought to the attention of the entire City Council by either the Mayor, another Councilmember, the City Manager or City Attorney.

Any violation of this Charter may constitute a cause for discipline up to and including removal from office. The Council shall not impose any such discipline upon a member or the Mayor unless such sanctions receive an affirmative vote of two-thirds of the members of the entire Council, including the Mayor.

The Council shall, within one year of the adoption of this provision, enact an Ethics Code governing the conduct of the Mayor and City Councilmembers.

PROS:

CONS: 16 | P a g e

 Difference between “may” and “shall” for City Manager.  If brought up on ethics issue, would have to be significant.  Should not be a penalty for City Manager to bring something forward to full Council, so should be “shall”.  Council would be the judge of the extent of the violation  By using “shall”, not an option and would need to be brought to the Mayor and Council.  As a neutral position, the City Manager should explain to the offender before goes forward to deescalate.  Perhaps change to bring violation of the Mayor, or if Mayor is the violator the MPT, and then the Mayor or MPT would be the one to investigate before moving forward.  Need to set the bar high. Might be painful process but reduce the ability to misuse the process.  Considering the consequences, if it gets to a vote, needs to be a high percentage – perhaps 7 out of 8.  Need a central person to determine whether or not the issue should be brought forward. (See Cons)  Any consideration of a violation must be placed on an agenda for discussion.  Outside opinions – who could provide info? Joe Lauber would be a great resource. This is more of a legal issue.

 City Manager should not be placed between councilmembers on an issue.  How many votes needed to pass and can this be enforced?  The central person who is to determine whether there is a violation could be friends with the violator.

MOTION: Insert Section 3.15, as written by the City Attorney, into the Charter, with the exception of the first sentence change “may” to “shall” and use the option of “a 2/3 majority” (which would be 6 votes).

10/18/16 Continued discussion on the Ethics Code.

PROS:  Should “shall” be changed to “may”?  Reviewed minutes and Pros/Cons for past discussions.  Do you need a provision that says how to bring it forward? Up to Council to determine if they will move forward.  Even if the first paragraph were removed, still have enough teeth.  Discussion of removing the first paragraph.

Perhaps should be in Ethics Code instead.  Paragraphs 2 and 3 establish a base line.  Citizens also have the option to either take an issue to the Mayor or recall.  Could remove Attorney and leave Manager.

CONS:  Difficult for employees, i.e. Manager & Attorney, to turn in an elected official.  Leaving first paragraph is would cause more harm than good.  If take out first paragraph, lose “Ethics Code” requirements. 

MOTION: First paragraph be struck and the second and third remain, with amendment in second 17 | P a g e

paragraph by adding “or adopted Ethics Code” in paragraph 2.

Section 3.15. Charter Violation and Ethics Code.

Any violation of this Charter or adopted Ethics Code by the Mayor or a Councilmember may shall be brought to the attention of the entire City Council by either the Mayor, another Councilmember, the City Manager or City Attorney.

Any violation of this Charter or adopted Ethics Code may constitute a cause for discipline up to and including removal from office. The Council shall not impose any such discipline upon a member or the Mayor unless such sanctions receive an affirmative vote of two-thirds of the members of the entire Council, including the Mayor.

The Council shall, within one year of the adoption of this section, enact an Ethics Code governing the conduct of the Mayor and City Councilmembers.

MOTION PASSED.

ARTICLE IV. MAYOR Section 4.1. Executive Power  Full-time Mayor  Executive role  Procedural and wording issues PROS:

CONS:

*MOTION: NO CHANGE. Section 4.2. Qualifications; Election and Term.

PROS:  Clarify “qualified voter” throughout Charter

CONS:

*MOTION: NO CHANGE Section 4.3 Compensation PROS:  State Constitution language, so a Council could not vote for their own raise.

CONS:

*MOTION: NO CHANGE Section 4.4(a) Council Meetings Mayor voting on all issues PROS:  Suggest mayor vote on all issues and does not have veto power.  Makes a record of the mayor’s vote.  Also, mayor might have a line-item veto on the budget.  Potential for mayor to lead the discussion to protect thought processes.  Mayor elected at large and voting makes that person accountable to the community.  Other charters have the mayor voting.

CONS:  What happens in case of a tie? Fails.  Could be mayor is leading the discussion and does not want to influence a vote either way.  Cannot be a facilitator if you have to vote  Is asking the mayor to take more of a role than a facilitator worth changing this subsection?  If there is a very split council, could shut down business.  Mayor would become a member of the council.  Does this strengthen or weaken the mayor?

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    

Mayoral veto is similar to 4th class city.

Mayor could choose not to vote and opt to facilitate only.

If doesn’t vote, could be called on it.

If can’t rely on council to conduct business, need to have the mayor voting.

Veto power sparsely used. Maybe designed for a larger body.

MOTION: Revise wording in Section 4.4(a) to read as follows, and deleting Subsection 4.4(c).

Section 4.4(a) Council Meetings (a) Council Meetings. The Mayor shall preside at meetings of the Council, and shall vote on all ordinances except in the event of a legal conflict. The Mayor may call special meetings of the Council as provided in Section 3.13(a), Meetings.

DISCUSSION on May 3: Mayor voting on all issues. Motion and second to discuss further PROS: CONS: City Attorney presented new wording.  Concern that a vote by the Mayor could shut down  Did Commission want to change to say the Mayor an issue. shall vote on all issues or does it mean only on ordinances?  City Attorney interpreted this as meaning the Mayor could vote on any of the issues but “shall” vote on ordinances.

Would Mayor be a part of the Council.  Reason for Mayor voting was to get the Mayor’s position on the table. But only on ordinances.  Mayor could vote on an issue to break a tie if he wishes, in the language previously voted on.  Mayor as member of Council: takes 5 to pass ordinance and if member, would be the same number.

MOTION: Motion failed to reopen discussion on Section 4.4(a) Council meetings. Revisions stand.

10/18/16 PROS:  Add “and resolutions” after “Ordinances” and Mayor voting last.  Would see more leadership from Mayor if votes.  If Mayor votes last, would still break a tie.

CONS:

MOTION: Amend the language to read: “…and may vote on any issue before the Council and shall vote on all ordinances and resolutions except in the event of a legal conflict. The Mayor shall vote last on all items”.

FURTHER AMENDED LANGUAGE suggested by Ron Williams: (a) Council Meetings.

(1) The Mayor shall preside at meetings of the Council.

(2) The Mayor may vote on any issue before the Council.

(3) The Mayor shall vote on all ordinances and resoutions except in the event of a legal conflict.

(4) The Mayor shall vote last on all items.

(5) The Mayor may call special meetings of the Council as provided in Section 3.13.(a), Meetings.

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Section 4.4(b) State of the City.

PROS: CONS:  Messages basically deal with Staff’s progress and needs to be more substantive.  Maybe say to focus on City’s strengths and weaknesses, instead of how great they are.  Up to the Mayor how to handle this requirement.

*MOTION: NO CHANGE

Section 4.4(c) Veto.

CONS:

PROS:

*MOTION: DELETE THIS SECTION

PROS:

Section 4.4(d) Execution of Laws.

CONS:

* 4.4(e) Execution of Documents.

PROS: CONS:  Add words from deleted 4.4(c) Veto regarding the  Have to determine the person in a certain position execution of documents. to sign if Mayor refuses.  Even if Mayor votes “no”, if the item was passed  Does this require (demand) that the Mayor sign? by the Council, the Mayor would not be fulfilling responsibility of this office. There would be dissension in the Council

*MOTION: ADD PROPOSED LANGUAGE: “If any ordinance, resolution, agreement or instrument is not signed by the Mayor within 10 days of approval by the City Council, the same shall be deemed executed by the Mayor.”

BECOMES SECTION 4.4(d)

4.4(f) Appointments.  Attendance of members at citizen board meetings  Method of appointment to boards and commissions  Lack of transparency on who has applied.  Volunteer hours PROS: CONS:  Appointments have not always been timely.  Should be City Clerk who advises Mayor who is coming up. (Mayor’s secretary keeps the Mayor apprised of any terms coming due.)  Could have members whose terms are expired still serving.  Attendance should be within the by-laws of the Boards/Commissions  Suggest vacancies shall be filled within 90 days.  Time requirement does require a mayor to 20 | P a g e

appoint.

*FINAL MOTION: Amend to include, “…shall appoint all members of committees, authorities, boards and commissions at or prior to the expiration of a term or vacancy…”

BECOMES SECTION 4.4(e) 4.4(g) Administrative Policy Matters.

BECOMES SECTION 4.4(f) 4.4(h) Remit Fines and Forfeitures and Grant Reprieves and Pardons.

BECOMES SECTION 4.4(g) 4.4(i)Review City Manager.

BECOMES SECTION 4.4(h) 4.4(j) Other Duties

BECOMES SECTION 4.4(i) PROS:  Steve Arbo – no instance of overlap in duties between Mayor and City Manager

CONS:

*MOTION: NO CHANGE in Section (g) through (j), [amended to Section (f) through (i)] with the exception of adjusting the outline.

Section 4.5. Prohibition Against Holding Other Office.

PROS:  Proposed new language by City Attorney to match amendments in Article III City Council, Section 3.6.

CONS:

*MOTION: Same as councilmember: “…shall hold any other Lee’s Summit city office, or city employment, other elected public office or any incompatible public office, during the term...

Section 4.6.(a) Vacancy PROS:

CONS:

*MOTION: No Change Section 4.6.(b) Forfeiture of Office PROS:  Discussion about similarity to Section 3.7

CONS:

MOTION: Approve as modified by City Attorney: “…The Mayor shall be subject to discipline by the council up to and including removal of office if he or she shall have been found to have violated Section 3.5 Administrative Policy Matters, after opportunity for a public hearing.

Section 4.6.(c) Filling of Vacancy PROS:

CONS:

*MOTION: No Change ARTICLE V. CITY MANAGER 21 | P a g e

Section 5.1 Appointment and Terms  Explore title of City Manager  Clarify the language, should say “Office of the City Manager”  Indefinite term, serves at will of Council. Does the role need to be changed?

PROS: CONS:  City Manager form of government.  What does “indefinite” mean? Council has the ability to relieve a City Manager by 2/3 vote  High-level, top tier professionals but politically responsive.  Contract with set number of years? Is not the normal practice in a municipal organization  City Manager must be responsive to the elected officials but the elected officials should not be involved in day-to-day activities.  City Manager is here to help Mayor and Council to be successful.  City Manager is an “at will” position  Need ability to attract good people.  Keeps a City Manager’s attention if don’t have a set number of years.  Branches of government – Legislative, Administrative and Judicial

MOTION: NO CHANGE Section 5.2 Powers and Duties PROS:

Section 5.2(a) Appointment and Removal of Department Directors CONS:

MOTION: NO CHANGE Section 5.2(b) Administration of Departments.  Boards/commissions should get documents in timely manner before meeting (SEE proposed new Section 5.2(k) PROS: CONS:  Suggest 5 business days prior to meeting  No other provisions in Charter about a time requirement  Proposed an entirely new article – Section 5.2(k)  See discussion and vote for Section 5.2(k)

MOTION: NO CHANGE

PROS:

Section 5.2(c) Attend City Council Meetings.

Section 5.2(d) Enforcement of Laws.

CONS:

MOTION: NO CHANGE Section 5.2(e) Budget and Capital Program.

PROS: CONS:  Alignment of City Council budget with goals.  Don’t believe the Charter is the place for that.  Suggest adding wording “…demonstrating its alignment with the City’s vision”.  How do the proposed programs fit in with Council goals?  Or wording, “In alignment with the City’s adopted vision statement.”

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MOTION: NO CHANGE Section 5.2(f) Finance and Administrative Report.

PROS: CONS:  Make this available electronically

MOTION: NO CHANGE PROS:

Section 5.2(g) Other Reports.

CONS:

MOTION: NO CHANGE Section 5.2(h) Report of Financial Condition of the City.

PROS: CONS:  Add “comma” to divide into two sentences.  As proposed, does not change the meaning of the paragraph much.  City Manager provides recommendations as he  City Manager should not be held accountable if he deems necessary to the Mayor and Council. doesn’t make a recommendation. Should be up to  Should it be “shall”?

Council to ask questions.  Change “desirable” to “necessary” or “appropriate”.  Final decision was to add a “comma” after “city”.

MOTION: Add “comma” after the word “city”.

Section 5.2(i) Execution of Documents.

PROS: CONS:  Conversation about Mayor not signing a  But that deals with Mayor not signing ordinances document. when he vetoes.

MOTION: NO CHANGE PROS:

Section 5.2(j) Other Duties CONS:

MOTION: NO CHANGE PROPOSED Section 5.2(k)  To address the issue that boards/commissions should get documents in timely manner before meeting.

PROS: CONS:  Suggest 5 business days prior to meeting  No other provisions in Charter about a time requirement -may not belong in the Charter,  Should not pull items off the agenda for last procedurally handled internally. minute changes. Long process and shouldn’t penalize applicants.  Few boards and commission need a 5 day lead time.  Could be included in each boards or commission by-laws or in department procedures.

MOTION: DO NOT ADD PROPOSED SECTION 5.2(k).

(NOTE: Section 5.2: No changes except 5.2.h) – see above.)

Section 5.3. Acting City Manager PROS:  Council could appoint an acting city manager.  Maybe put it in the hands of the Mayor.  Council could still make a change  Based on Section 5.3, Mayor would have the ability to appoint with advice and consent of Council.

CONS:  No provision in case of an emergency if City Manager is incapacitated. There could be an instance where he could not submit a letter.

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MOTION: NO CHANGE Section 5.4. Performance Review PROS:  Question of fiscal or calendar year.  May be in City Manager contract.

CONS:

MOTION: NO CHANGE

ARTICLE VI. ADMINISTRATIVE ORGANIZATION AND PERSONNEL SYSTEM Section 6.1. Administrative Organization PROS:

CONS:

MOTION: NO CHANGE Section 6.2. Personnel System  Transparency of government. Explore how all departments can move to a more transparent operation.  Personnel policies. Give a clear message that the City is committed to diversity in personnel and actions.

PROS: CONS:  Take out cap “A” in “all”.  Could be a change in law that requires a quick policy change. City Manager has ability to change  Why is there “shall” and “may”? without Council action.

MOTION: Change “may” to “shall”; and, correct typo - “All” to “all”.

ARTICLE VII. MUNICIPAL COURT Comments from Judge Altieri: Provided packets for Commission  Remove provision for a presiding judge  Include judges in the hiring process for court personnel  Place Court Administration position under Human Resources  Change Traffic Violations Bureau supervision from Presiding Judge to both judges  Add provision from State Statutes as Section 7.3(b): “In the event the Municipal Judges are unable to reach an agreement regarding the administration of the Municipal Court, then the Presiding Judge of the circuit shall be contacted and the Presiding Judge of the circuit shall decide the issue.”

PROS: CONS:  A two-year rotation for presiding judge.  How to determine the presiding judge position  Re Judges should be included in hiring of court  Two divisions of court- Divisions 243 and 263 of personnel the Sixteenth Judicial Circuit Court  Need for job descriptions for court clerks and  Issue with division of two departments overseeing administrator move the requirement for presiding Court Administrator judge.

Comments from Conrad:  Court has a lot of the same financial responsibilities as the Finance Department.  He cannot discipline a court administrator. Must follow the same rules as other city positions.  Subcommittee of other employees from different 24 | P a g e

 

departments assist in interviews for positions with advice of HR Court administrator hiring does involve the judges Has worked well in the past.

Section 7.1 Jurisdiction PROS:

CONS: 

MOTION: NO CHANGE Section 7.2. Judges Section 7.2(a) Election and Terms  Remove provision for a presiding judge PROS: CONS:  A lot of information to determine what falls to a  Question is whether an amendment would be hiring manager, HR, how much say judge has in better for the community. decisions.  Alarming that there is discord in positions  In addition to personnel issues, presiding judge is  Need to further define “senior judge”? in charge of dockets.  What does eliminating the presiding judge  In all organizations, someone has to be in charge accomplish? of making decisions.  What influence does the presiding circuit judge  Circuit Court has a presiding judge who would turn have over municipal court? to City Charter for direction.  What happens if presiding judge becomes  Per Law Dept., the word “senior” would appear to incapacitated? mean the one who has been on the bench the  Could see the need for a second opinion but longest. decisions for the municipal court should be up to  Other cities operate without a presiding judge. municipal judges. Would decisions from Jackson County presiding circuit judge be timely?  With rotation, could have a newly-elected judge serving as presiding judge.

MOTION: Accept 7.2(a) as written MOTION to AMEND to change language to allow for a two-year rotation. Direct Law to bring back with appropriate language. MOTION FAILED. VOTE on original motion tied 4 to 4.

7/19/16 SECOND DISCUSSION PROS:  David Elliott provided background from original Charter Commission.  Chapter 11 of Code, carried over. There was no controversy about this concept; Commission left it alone.  27 references in current Code to presiding judge.  Would have to analyze to see if the provisions are being followed.  Independence has two judges but they are not elected.  His interpretation: the judge who has been sitting on the bench longest would be presiding judge.  Define “senior judge”, maybe the longesttenured municipal judge sitting on the bench?

CONS:  Not suggesting to put in Charter, belongs in Code.  What does “shall be designated by agreement” mean?  What will be gained by changing?

MOTION: City Attorney to provide definition of “senior”, as well as how to decide presiding judge in event more judges’ positions are added. Passed 11-0 25 | P a g e

On 9/20/16, MOTION: NO CHANGE to 7.2(a)

PROS:

Section 7.2(b) Powers and Duties Section 7.2(d) Prohibition Section 7.2(e) Vacancies Section 7.2(f) Forfeiture of Office Section 7.2(g) Removal from Office CONS: 

MOTION: NO CHANGE Section 7.2(h) Filing of Vacancies PROS: CONS:  Include the word “qualified” – “… when a qualified  Not necessary because any person filing for person will be publicly elected…” elected office must meet the qualifications.

MOTION: NO CHANGE PROS:

Section 7.2(i) Compensation CONS: 

MOTION: NO CHANGE Section 7.3. Court Administration.  Include judges in the hiring process for court personnel  Place Court Administration position under Human Resources PROS: CONS: Position of Court Administrator:  Should Commission make decisions dealing with  Should be directly under the City Manager, which personnel? would remove elected officials from being  Judges are transient and should not be involved in responsible for personnel. hiring.  There are federal and state requirements for  Charter already says personnel issues are the collecting funds and reports that are to be responsibility of the City Manager. If the submitted to the Finance Director. department decides input from judges is  Court Administrator schedules dockets. Not daily necessary, that is their decision. contact with judges.  Not the Commission’s role to settle personnel  Exit interviews are conducted, so data can be issues. reviewed to see reasons for leaving.

MOTION: AMEND the section by deleting “. .” and adding the following: The Court Administrator and other court employees shall discharge all duties incident of the court administration under the direction and control of the City Manager, except as otherwise provided by law.

ON 9/20/16: Language proposed by City Attorney “The Council shall provide for a Court Administrator, clerks and other personnel for the Municipal Court. The Court Administrator and other court employees shall discharge all duties incident of the court administration under the direction and control of [the presiding judge of the Circuit. All issues and matters not incident to court administration shall be subject to the policies and procedures of the City and fall under the direction and control of the City Manager, except as provided by law. The City Manager, or his/her designee, shall appoint, suspend or remove, and render the annual performance review, of the Court Administrator after 26 | P a g e

consultation with the municipal court judges.]”

MOTION: APPROVE with language above.

Section 7.4. Traffic Violations Bureau.  Change Traffic Violations Bureau supervision from Presiding Judge to both judges PROS: CONS: 

MOTION: NO CHANGE ARTICLE VIII. PARKS AND RECREATION BOARD Section 8.1 Composition Section 8.1(a) Appointment and Terms PROS: CONS:  Most of structure based in State Statutes.  Could do away with Park Board and give operation to Council.  Original Charter continued the established Park Board provisions.  No provision for term limitation. Should there be?  Has been in place for 47 years.  Advantages – gives Board opportunity to be focused on Park issues only and relieves Council of dealing with those day-to-day issues.  Intimately connected to City with payroll and other functions.  All decisions of the Park Board are subject to review by Council if 3 councilmembers request review.  Success in LS has been phenomenal under this system.

*MOTION: NO CHANGE. 10/18/16 FURTHER DISCUSSION FROM CITIZEN:  Publicly-elected Park Board members PROS:  Quasi-separation between Parks and City.  Accountability for expenditure of funds.  Council can deny an appointment and/or remove a board member.  What about term limits? Institutional knowledge. If limit, no incentive to run.

NO CHANGE

CONS:  Do not know of any park board that is election.  Citizen could ask for removal of a member.

Section 8.1(b) Council Liaison Section 8.1(c) Officers Section 8.1(d) Removal PROS:  Vote of 2/3rd should include the vote of the mayor.

CONS:

*MOTION: NO CHANGE.

Section 8.2 Powers and Duties Section 8.2(a) General  Parks and Recreations Department PROS:

CONS: 27 | P a g e

 

Great Parks system so make sure carefully consider any changes.

Separate from rest of the City. Allowed under MO statutes.



Not sure a good idea to have separate.

*MOTION: NO CHANGE Section 8.2(b) Property PROS: CONS:  Tom Lovell P&R Director, provided procedures  Presently Board has authority to purchase followed when Parks acquires property – 16 point property. Up to City Council to stop them. Would process. like to see this changed.  Provisions are in Charter for Council to review.  When add to City-owned, reduce tax base and Land is titled in the name of the City. Fits in with could increase tax burden for tax payers. responsibility given to Park Board.  Would feel more comfortable with this being under  The addition of parks increases the value of land the Council. around it.  Perhaps needs more public discussion.  Any acquisition is presented to the Council.  Having the Council approve will make it political.  Some properties are endowments or often  If acquire land, Council may not review before developments set aside property that is not purchased. However, a Council member serves conducive to development for a park. as liaison and that role is to keep Council informed. Also, Mayor signs sale transactions.

*MOTION: NO CHANGE Section 8.3 Parks and Recreation Fund Section 8.3(a) Tax Levy Section 8.3(b) Separate Fund  Use of property and sales tax revenue, as approved by voters PROS: CONS:

*MOTION: NO CHANGE Section 8.4 Annual Report PROS:

CONS:

*MOTION: NO CHANGE Section 8.5 Review of Board Decisions  Change requirement for Council review of Parks Board decisions from “2/3rds” vote of the Council to “simple majority” PROS: CONS:  Lot of Boards/Commissions spend time &  See no problem with another level of review. resources vetting issues and then their decisions  Too high of a threshold for Council vote. Should are flipped by a simple majority; becomes political. be a simple majority. Makes more sense to  Would focus Council’s attention on something they maintain transparency. feel is important enough to reverse the decision of an important board.  Addresses checks and balances. A bad decision should have 2/3rd in agreement.  David Elliott: Before the Charter, Parks was strictly under State Statute. This was a compromise between Charter Commission and Park Board. Issue was thoroughly discussed and considered.

MOTION: Section 8.5 to read “simple majority”, rather than 2/3rds vote. MOTION FAILED. 28 | P a g e

*MOTION: NO CHANGE. (Passed 9-2)

ARTICLE IX. DECLARATION OF CANDIDACY AND ELECTIONS Section 9.1 Municipal Election Section 9.1(a) Regular Elections.

Section 9.1(b) Special Elections.

Section 9.1(c) Conduct of Elections.

Section 9.1(d) Definition of Qualified Voter PROS:  Should there be something in Charter to keep people from making their party affiliations a part of the campaign material.  Can easily identify party affiliation through candidate donations, another layer.  Could state that any candidate shall not show any party affiliation.  Other candidates would be the ones to police that.

MOTION: NO CHANGE

CONS:  In the last election, there were “code” words used in advertisements that showed party affiliation.  Provision is already in the Charter.  Not a Charter issue or something Charter could control.  Voter responsibility to decide if it matters to them.

Section 9.2 Declaration of Candidacy PROS:  Last line – perhaps move and add 9.5 penalties to cover the whole Article.

CONS:  This is the only part of the Article that had violations.

MOTION: NO CHANGE Section 9.3. Determination of Election Results.

PROS:

CONS:

MOTION: Insert “…meeting following receipt of certification…”

Section 9.4 City Council Districts  More clarification about council division lines  Determine how to establish redistricting committee  Number of districts, including at-large versus more districts PROS: CONS:  If there are 8 districts and only one councilmember in each district, the City would lose institutional knowledge when a new councilmember is elected.  Financial argument is made only on gross population. Number of registered voters who vote does not fluctuate that much, traditionally.  Easier to be more political if smaller districts.

MOTION: NO CHANGE ARTICLE X. INITIATIVE, REFERENDUM AND RECALL **See proposed section amendments from City Clerk and City Attorney** Substantive proposed changes: Section 10.2. Commencement of Proceedings; Petitioners' Committee; Notarized Affidavit.

Proposed Section 10.2(f) PROS:

CONS: 29 | P a g e



Suggestion to add 14 days. Referendum needs to be within a certain amount of days because don’t want to go too long after ordinance passes and has been in place.

MOTION: ADD the following in Section 10.2: (f) A committee affidavit related to a referendum shall be filed no later than fourteen (14) days after adoption by the City Council of the ordinance sought to be reconsidered.

Section 10.4. Procedure After Filing.

Section 10.4(a) Certificate of City Clerk; Amendment.

PROS: CONS:  Change 5 business days to 10 business days to certify petition.  Gives County time to verify.

MOTION: AMEND Section 10.4(a)(5) to read: (5) Within ten (10) business days after the supplement petition is filed….

On ARTICLE X. INITIATIVE, REFERENDUM AND RECALL, the Commission voted to APPROVE the suggestions from the City Clerk and City Attorney, which are clerical in nature, for the whole Section and APPROVE the two proposed changes above.

ARTICLE XI. FINANCIAL PROCEDURES Section 11.1 Fiscal Procedures Section 11.2 Submission of Budget and Budget Message Section 11.3 Budget Section 11.4 Capital Program.  Tie CIP to city goals to understand why expenditures are being made  How can Charter require an annual strategic meeting of Mayor and Council PROS: CONS:  Charter may already address the request  No set city goal adopted by the Council that is 11.4(b)(1) appears to cover this comment adopted into the budget.

MOTION: NO CHANGE in 11.1 to 11.4 NOTE: City Attorney and Finance Director to Review Article 11 to assure compliance with State Statute procedures ON 9/20/1: NO CHANGE. Section 11.5 Council Action on Budget.

Section 11.6 Public Records  Provision for action if budget not passed (Section 11.5.(c) PROS: CONS:  State Statutes and Charter state it would revert to  No provision if there is not a newspaper of general the previous budget [11.5(c)] circulation.  Procedure but no penalty. Keep using the one in  What happens if local papers are gone? Lose the place until a new budget is passed. intent.  Maybe provision to say if there is no newspaper, notice can be given in another way.  Change to say, “…shall publish annually…or as otherwise provided by law.” In that way, if State Statutes changes, will be covered.  See Sections 11.5(a), and 11.6 second sentence 30 | P a g e

MOTION: Amend 11.5(a) and 11.6 to add “…or as otherwise provided by law”.

Section 11.7. Amendment After Adoption.

Section 11.8. Tax Rates and Tax Rolls.

Section 11.9. Sale of Bonds.

PROS:

CONS:

MOTION: NO CHANGE ARTICLE XII. FRANCHISES Section 12.1. Granting of Franchises.

PROS:  State allows 30 years but city can be more restrictive.  Typo – “therefor” should be “therefore”.

CONS:

Section 12.2. Right of Regulation.

Section 12.3. Temporary Permits.

Section 12.4. Operation Beyond Franchise Period.

PROS:

CONS:

MOTION: NO CHANGE

11/01/16 Proposed changes provided by Law to meet State Statutes.

MOTION: Approve changes as provided ARTICLE XIII. LICENSING, TAXATION AND REGULATION OF BUSINESS, OCCUPATIONS, PROFESSIONS, VOCATIONS AND OTHER ACTIVITIES OR THINGS Section 13.1. Objects of Licensing, Taxation and Regulation.

PROS:

CONS:

MOTION: NO CHANGE ARTICLE XIV. GENERAL PROVISIONS Creation of limits on citizen commissions and committees to assure participant opportunities for citizens ("Strategy 3" from LS 360) Section 14.1.

Personal Financial Interest Section 14.2.

Prohibitions PROS: CONS:  City passes an annual Personal Financial Disclosure ordinance, which is part of the City’s Code of Ordinances.  Several provisions could be included in the Council’s Code of Ethics.

MOTION: NO CHANGE Section 14.3.

PROS:

Political Activity CONS: 31 | P a g e

     

City employees placing political signs in their yards does not seem to be enforceable and needs to be clarified.

Charter Commission as a whole can educate but cannot tell people to vote for amendments until after the Commission has disbanded.

Is there funding for education of the ballot?

Brian to research issue of employees endorsing candidates and other ballot issues, specifically signs.

Statute allows public safety personnel to serve on other boards.

Council could pass ordinances, rather than putting in Charter.

MOTION: ON HOLD FOR INFORMATION FROM CITY ATTORNEY ON 9/20/16: MOTION for no change.

Section 14.4.

PROS:

All Ordinances Effective on Municipal Land Section 14.5.

Notice of Suits Section 14.6.

Official Bonds CONS:

MOTION: NO CHANGE Section 14.7.

PROS:  Add:

Charter Amendment CONS:

MOTION: Amend a portion of Section 14.7 by removing “at the next election held in the city not less than sixty days after its passage, or at a special election held as provided by law and the Constitution for a charter” as follows: “…The Council shall at once provide by ordinance that any amendment so proposed shall be submitted to the electors at the next available regular or special election date as established by the Missouri election calendar in accordance with state law, for which timely notice may be given…”

Section 14.8.

Charter Review Commission PROS: CONS:  Not clear that Council will place recommendations on ballot.  Way Charter reads, once Commission makes a decision, the amendments are placed on the ballot.  Once commission sets amendments, could be certified by City Clerk to go on ballot.  Previous section 14.7 clarifies that the Council must place on the next ballot.

MOTION: NO CHANGE Section 14.9.

PROS:

Public Improvements and Special Assessments Section 14.10. Proof of Ordinance Section 14.11 Separability CONS: 32 | P a g e

MOTION: NO CHANGE ARTICLE XV. TRANSITIONAL PROVISIONS PROS:

CONS:

MOTION: STRIKE ARTICLE FROM NOVEMBER 2007 CHARTER.

ARTICLE XVI. SCHEDULE PROS:

CONS:

MOTION: STRIKE ARTICLE FROM NOVEMBER 2007 CHARTER. ARTICLE XVII. TRANSITIONAL PROVISIONS FOR CHARTER AMENDMENTS APPROVED BY THE VOTERS ON NOVEMBER 6, 2007 PROS:

CONS:

MOTION: STRIKE ARTICLE FROM NOVEMBER 2007 CHARTER.

SUGGESTIONS FOR POSSIBLE ADDITIONAL ARTICLES:  Human rights, code of ethics, as outlined in other City Charters PROS: CONS:

MOTION:

33 | P a g e

WORKING DRAFT 11/15/2016

CHARTER OF THE CITY OF LEE'S SUMMIT, MISSOURI PREAMBLE We, the People of Lee’s Summit, Missouri, in order to secure the benefits and advantages of constitutional home rule under the Missouri Constitution, do affirm our commitment to self-governance and aspire to create an economically vital community committed to equal opportunity, citizen participation, diversity and to promote a high quality of life where families and businesses thrive and hereby establish this Charter for the better government of our city.

ARTICLE I INCORPORATION, NAME AND BOUNDARIES Section 1.1. Incorporation, Name and Boundaries.

The inhabitants of the City of Lee's Summit, within the corporate limits as now established or as hereafter established in the manner then provided by law, shall continue to be a municipal body politic and corporate in perpetuity under the name of the City of Lee's Summit.

ARTICLE II POWERS Section 2.1. Powers.

The city shall have all powers the General Assembly of the State of Missouri has authority to confer upon any city, provided such powers are consistent with the Missouri Constitution and are not limited or denied either by this Charter or by statute. In addition to its home rule powers, the city shall have all powers conferred by law.

Section 2.2. Construction.

The powers of the city shall be liberally construed. The specific mention of a particular power in this Charter shall not be construed as limiting the powers of the city.

ARTICLE III CITY COUNCIL Section 3.1. Where Powers Vested.

Except as this Charter provides otherwise, all powers of the city shall be vested in the City Council. The Council shall provide for the exercise of these powers and for the performance of all duties and obligations imposed on the city by law.

Section 3.2. Composition; Qualifications; Election and Terms.

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CHARTER OF THE CITY OF LEE’S SUMMIT, MISSOURI (a) Composition. There shall be a Council of eight members. Two Councilmembers

shall be elected by qualified voters, as provided in Section 9.1(d), Definition of Qualified Voter, from each of the four respective districts of the city, as provided by Section 9.4, City Council Districts. Wherever used in this Charter, the term "entire Council" shall mean a Council of eight members, regardless of vacancies. (b) Qualifications. A Councilmember shall have been a resident of the city for two

years next preceding election and a qualified voter [of the city] and shall remain a resident of his or her district and a qualified voter [of his or her district. The term “qualified voter” shall be as defined in Section 9.1(d) of this Charter.] A Councilmember shall have been a resident of his or her respective district for six months next preceding election. (c) Election, Terms and Term Limitations. City Councilmembers shall be elected to

serve staggered four-year terms as exists on April 4, 2017.1 At each regular municipal election, Councilmembers shall be elected to fill the offices of those whose terms expire. There shall be no limit to the number of terms a person may serve as a Councilmember, provided no person shall be eligible or qualified to be elected as a Councilmember to more than two consecutive four-year terms.

Section 3.3. Compensation.

The Council may determine the annual compensation of Councilmembers by ordinance, but no ordinance changing such compensation shall become effective for a Councilmember until the commencement of a new term of office.

[Section 3.4. Mayor Pro Tempore. (a) Election and Qualification. The Mayor shall appoint annually, not later than the first regular meeting of the City Council in May, a Mayor Pro Tempore. (b) Powers. The Mayor Pro Tempore shall assume the powers and duties of the Mayor during the absence or disability of the Mayor, or if a vacancy occurs. While assuming the powers and duties of the Mayor, the Mayor Pro Tempore shall retain his or her vote as a Councilmember, but shall not possess the additional mayoral voting power2. (c) Duties. The Mayor Pro Tempore shall appoint, with the advice and consent of a majority of the Council, all Council committees and Council liaisons not later than the first regular meeting of the City Council in June. Any appointment to a City Council Committee or a Council Liaison shall be for one (1) year, subject to removal by a vote of the majority of the Council.]

Editor’s Note: This provision shall be amended only upon approval of Question 12 related to Article XVI. Schedule 2 Editor’s Note: This provision shall be amended only upon approval of Question 4 related to Article IV. Mayor.

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Section 3.5. Administrative Policy Matters.

Except for the purpose of inquiries, information and investigations under Section 3.11, Investigations, the Council or its members shall deal with city officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately. Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any city administrative officers or employees whom the City Manager or the City Manager's subordinates are empowered to appoint, but the Council as a group may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees.

Section 3.6. Prohibition Against Holding Other Office.

Except where authorized by law, or pursuant to an agreement between the city and another entity of government, no Councilmember shall hold any other Lee’s Summit city office, city employment, [other elected public office or any incompatible public office,] during the term for which the Councilmember was elected to the Council, and no former Councilmember shall hold any compensated appointive Lee’s Summit city office or city employment until one year after the expiration of the term for which the Councilmember was elected to the Council.

Section 3.7. Vacancies; Forfeiture of Office; Filling of Vacancies. (a) Vacancies.

The office of a Councilmember shall become vacant upon the Councilmember's death, resignation, recall or removal from office in any manner authorized by this Charter or by law, or upon forfeiture of the office.

(b) Forfeiture of Office. A Councilmember shall forfeit office: (1) if at any time during

the term of office a Councilmember lacks any qualification for the office prescribed by this Charter or by law, or (2) if a Councilmember violates any prohibition as provided in Section 3.6, Prohibition, or (3) if a Councilmember willfully violates the requirements of Section 14.1, Personal Financial Interest. (c) Filling of Vacancies. The Council by a majority vote of all its remaining members

shall appoint a qualified person, [as defined in Section 3.2(b),] to fill a vacancy until the next regular municipal election as established by the Missouri election calendar in accordance with state law, for which timely notice may be given, when a person will be elected by qualified voters to serve the remainder of the unexpired term.

Section 3.8. Judge of Qualifications.

The Council shall be the judge of the qualifications of its members, the Mayor and Municipal Judges, and of the grounds for forfeiture of their offices, and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. An elected official charged with conduct constituting grounds for forfeiture of -36-

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office shall be entitled to a public hearing on demand.

Section 3.9. City Clerk.

The City Manager shall appoint a City Clerk with the advice and consent of a majority of the entire Council. The City Clerk shall keep the journal of City Council proceedings, authenticate by signature all ordinances and resolutions, and record them in full in a book kept for that purpose. The City Clerk shall perform such other duties as may be required by law, by this Charter, by ordinance, or by the City Manager.

Section 3.10. Law Department.

There shall be a Law Department of the city directed and supervised by the City Attorney. (a) City Attorney. There shall be a City Attorney appointed by a majority of the entire

Council. The City Attorney shall serve as the chief legal advisor to the Mayor, the Council, administrative staff and all the city departments, offices and agencies, shall represent the city in all legal proceedings and shall perform any other duties prescribed by law, by this Charter, by ordinance or as may be required of the City Attorney by the Mayor, Council or City Manager. The person appointed shall serve for an indefinite term. The City Attorney may be removed on recommendation of the Mayor or the City Manager with the consent of a majority of the entire Council, or by a two-thirds vote of the entire Council on its own initiative. The person appointed to the office of City Attorney shall become a resident of and reside within the city limits within six months of appointment. The residency requirement may be waived by a two-thirds vote of the entire Council. (b) Accountability. In all respects except in his or her capacity as legal advisor to the

Mayor and Council, the City Attorney shall report to and be accountable to the City Manager, and the City Manager shall render an annual performance review of the City Attorney to the Mayor and Council. (c) Attend City Council Meetings. An attorney of the Law Department shall attend all

Council meetings. The City Attorney shall receive notice of all special meetings. (d) Staff Attorneys. The City Attorney may appoint and remove staff attorneys, who

shall be responsible to the City Attorney for the fulfillment of their duties. The Council may further provide for the appointment of temporary or special counsel to assist the City Attorney in matters requiring specialized knowledge, including but not limited to the issuance of bonds, or in litigation. (e) Prosecuting Attorneys. The City Attorney shall, with the advice and consent of the

Council, appoint Prosecuting Attorneys for the prosecution of violations of city ordinances before the Municipal Court. Such prosecutors shall be responsible for the fulfillment of their duties to the City Attorney. Any Prosecuting Attorney may be removed on recommendation of the Mayor or the City Attorney with the consent of a -37-

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majority of the entire Council, or by a two-thirds vote of the entire Council on its own initiative. (f) Qualifications.

The City Attorney and Prosecuting Attorneys shall be licensed members of the Missouri Bar and shall have been in active practice of law in the State of Missouri for at least three years immediately preceding their appointment.

The requirement that such prior active law practice be in the State of Missouri may be waived by a two-thirds vote of the entire Council.

(g) Compensation. The Council shall provide for the compensation of the City Attorney

and Prosecuting Attorneys.

The Law Department shall be subject to the administrative policies and procedures of the city. At the option of the City Attorney, with the concurrence of the Council, attorney compensation may be provided by fees and may be paid directly to such officers or to the law firm or firms of which they are members or employees.

Section 3.11. Investigations.

The Council may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a subpoena issued in the exercise of these powers by the Council shall be subject to punishment as prescribed by law.

Section 3.12. Audits and Reviews. (a) Independent Audits. The Council shall provide for an independent financial audit of all City accounts and an operational management report at least once a year. Such audits shall be made in accordance with generally accepted accounting principles by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. A copy of the audit report and management report prepared by the certified public accountant or firm of such accountants shall be maintained in the Office of the City Clerk and shall be open to public inspection and made available in electronic format. (b) Performance Reviews.

The Council, upon its own initiative or upon a recommendation of the City Manager, shall provide for periodic management/ performance reviews (performance audits) of the city operations, programs or other matters.

Section 3.13. Legislative Proceedings. (a) Meetings. The Council shall meet regularly at least once each month at such times

and places as the Council may prescribe. The Mayor, upon the Mayor's own motion, may, or at the request of four members of the Council, shall call a special meeting of the Council for a time not earlier than twenty-four hours after notice is given to all -38-

CHARTER OF THE CITY OF LEE’S SUMMIT, MISSOURI

members of the Council then in or near the City of Lee's Summit, or who can otherwise be contacted with reasonable effort. (b) Rules and Journals.

The Council shall determine its own rules and order of business. It shall cause a journal of its proceedings to be kept, and this journal shall be open to public inspection, maintained in the Office of the City Clerk and made available in electronic format.

[roll call vote] or simultaneous electronic display, , and the ayes and nays shall be recorded in the journal. In all roll call votes the names of the members of the Council shall be called randomly. A majority of the members of the Council shall constitute a quorum for its business, but a smaller number may meet to compel the attendance of absent members in the manner and subject to the penalties prescribed by ordinance. Except as otherwise provided in this Charter, the affirmative vote of a majority of the entire Council shall be necessary to adopt any ordinance.

(c) Voting. Voting shall be either by

(d) Form of Ordinances. Proposed ordinances and resolutions shall be introduced in

the Council only in written or printed form.

The enacting clause of all ordinances shall be: Be It Ordained By the Council of the City of Lee's Summit, Missouri.

The enacting clause of all ordinances submitted by initiative shall be: Be It Ordained By the People of the City of Lee's Summit, Missouri. (e) Procedure.

(1) Every proposed ordinance shall be read by title in open Council meeting two

times before final passage [not more than one of which shall be on the same day; and at least one week shall elapse between introduction and final passage, unless the ordinance shall have received a recommendation of approval from a City Council Committee.]

(2) A copy of each proposed ordinance shall be provided for each Council member at the time of its introduction and made available in electronic format until it is finally adopted or fails of adoption. [Copies shall be available in the Office of the City Clerk and publically available on the City’s web site.]

(3) Persons interested in a proposed ordinance shall be given an opportunity to be heard before the Council in accordance with such rules and regulations as the Council may adopt.

(4) If the Council adopts an amendment to a proposed ordinance that constitutes a change in substance, any member of the Council may require that the proposed ordinance as amended be placed on file for public inspection in the Office of City Clerk for one additional week before final passage. In the absence of such a -39-

CHARTER OF THE CITY OF LEE’S SUMMIT, MISSOURI

request, the Council may consider the amended ordinance at the same meeting. (f) Emergency Ordinances. An ordinance may be passed as an emergency measure

on the day of its introduction if it contains a declaration describing in clear and specific terms the facts and reasons constituting the emergency and receives the affirmative vote of two-thirds of the entire Council. An ordinance granting, reviewing or extending a franchise shall not be passed as an emergency ordinance. [The emergency procedure shall be restricted to the following: (1) Bills concerning the immediate preservation of public peace, property, health, economic development, safety or morals.

(2) An appropriation for payment of principal or interest of the public debt.

(3) An appropriation for the payment of current expenses of the City government or payment of compromise settlement of damage claims upon recommendations of the City Attorney.

(4) Calling an election or providing for the submission of a proposal to the people.

(5) Any ordinance fixing any tax rate or assessment.

(6) Any ordinance relating to the public improvement to be paid for by special assessment.] (g) Effective Date.

Every adopted ordinance and resolution shall become effective immediately upon passage, adoption and approval by the Mayor (including deemed approval by the Mayor failing to either sign or disapprove the same within ten days of receipt, as provided in Section 4.4(d),Execution of Documents)3, or any later date specified therein.

(h) Authentication and Recording.

All ordinances and resolutions adopted by the Council shall be authenticated by the signature of the Mayor and City Clerk. The City Clerk shall record in a properly indexed book kept for such purpose all ordinances and resolutions adopted by the Council, which shall be open to public inspection, maintained in the Office of the City Clerk, and made available in electronic format.

Section 3.14. Revision of Ordinances.

Within three years after adoption of this Charter, all ordinances and resolutions of the city of a general and permanent nature shall be revised, codified and promulgated according to a system of continuous numbering and revision as specified by ordinance.

[Section 3.15.

Charter Violation and Ethics Code.

Any violation of this Charter or adopted Ethics Code may constitute a cause for discipline up to and including removal from office. The Council shall not impose Editor’s Note: This provision shall be amended only upon the passage of Question 4 related to the Article IV. Mayor.

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any such discipline upon a member or the Mayor unless such sanctions receive an affirmative vote of two-thirds of the members of the entire Council, including the Mayor.

The Council shall, within one year of the adoption of this provision, enact an Ethics Code governing the conduct of the Mayor and City Councilmembers.]

ARTICLE IV MAYOR Section 4.1. Executive Power.

The executive power in the city shall be vested in a Mayor who shall be recognized as the head of the city for all legal and ceremonial purposes and by the Governor of Missouri for all purposes of military law.

Section 4.2. Qualifications; Election and Term. (a) Qualifications. The Mayor shall have been a resident of the city for two years next

preceding election and a qualified voter and shall remain a resident and qualified voter of the city. (b) Election, Term, and Term Limitation. At the regular municipal election, the Mayor

shall be elected by the qualified voters of the city at large to serve a four-year term4.

There shall be no limit to the number of terms a person may serve as Mayor, provided no person shall be eligible or qualified to be elected as Mayor to more than two consecutive, four-year terms.

Section 4.3. Compensation.

The Council may determine the annual compensation of the Mayor by ordinance, but no ordinance changing such compensation shall become effective for the Mayor until the commencement of a new term of office.

Section 4.4. Powers and Duties.

The Mayor shall have the following powers and duties: (a) Council Meetings.

(1) The Mayor shall preside at meetings of the Council.

(2) The Mayor may vote on any issue before the Council.

(3) The Mayor shall vote on all ordinances and resolutions except in the event Editor’s Note: This provision shall be amended only upon approval of Question 12 related to Article XVI. Schedule 4

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of a legal conflict.

(4) The Mayor shall vote last on all items.

(5) The Mayor may call special meetings of the Council as provided in Section 3.13.(a), Meetings. (b) State of the City. The Mayor, during the first quarter of the city’s fiscal year, shall

present to the Council information as to the affairs of the city and any recommendations of the Mayor.

(c) Execution of Laws. The Mayor shall see that all laws, provisions of this Charter

and acts of the Council subject to enforcement by the Mayor, or by any person subject to the Mayor's direction and supervision, are faithfully executed. (d) Execution of Documents.

The Mayor shall sign all ordinances, resolutions, proclamations, grants and executive orders. Except as otherwise provided by the City Council, the Mayor shall sign on behalf of the city all instruments conveying and/or releasing an interest in real property, all agreements and contracts between the city and other governmental entities, and all Council policies. [If any ordinance, resolution, agreement or instrument is not signed by the Mayor within 10 days of approval by the City Council, the same shall be deemed executed by the Mayor.]

(e) Appointments.

The Mayor, with the advice and consent of a majority of the Council, shall appoint all members of committees, authorities, boards and commissions [at or prior to the expiration of a term or vacancy,] except as otherwise provided by law or this Charter.

(f) Administrative Policy Matters.

The Mayor shall have the responsibility of discussing with the City Manager any and all policy matters; however, the Mayor shall not interfere with day-to-day administration of city affairs.

(g) Remit Fines and Forfeitures and Grant Reprieves and Pardons.

The Mayor shall have the power to remit fines and forfeitures and to grant reprieves and pardons for offenses arising under the ordinances of the city. Notice of such action shall be made public at the next regular Council meeting.

(h) Review City Manager.

The Mayor shall preside as chair of the City Council's annual performance review of the City Manager.

(i) Other Duties. The Mayor shall exercise such other powers and perform such other

duties as may be prescribed by this Charter, by ordinance or by law.

Section 4.5. Prohibition Against Holding Other Office.

Except where authorized by law, or pursuant to an agreement between the city and another entity of government, the Mayor shall not hold any other Lee’s Summit city -42-

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office, city employment, [other elected public office or any incompatible public office,] during the term for which the Mayor was elected, and no former Mayor shall hold any compensated appointive Lee’s Summit city office or city employment until one year after the expiration of the term for which the Mayor was elected.

Section 4.6. Vacancy; Forfeiture of Office; Filling of Vacancy. (a) Vacancy. The office of the Mayor shall become vacant upon the Mayor's death,

resignation, recall or removal from office in any manner authorized by this Charter or by law, or upon forfeiture of the office. (b) Forfeiture of Office. The Mayor shall forfeit office: (1) if at any time during the term

of office the Mayor lacks any qualification for the office prescribed by this Charter or by law, or (2) if the Mayor violates any prohibition as provided in Section 4.5, Prohibition, or (3) if the Mayor willfully violates the requirements of Section 14.1, Personal Financial Interest. [The Mayor shall be subject to discipline by the Council up to and including removal of office if he or she shall have been found to have violated Section 3.5 Administrative Policy Matters, after opportunity for a public hearing.] (c) Filling of Vacancy. A vacancy in the office of Mayor shall be filled by election at the

next regular municipal election established by the Missouri election calendar in accordance with state law, for which timely notice may be given, when a person will be elected by qualified voters to serve the remainder of the unexpired term.

ARTICLE V CITY MANAGER Section 5.1. Appointment and Term.

There shall be a City Manager appointed by the Mayor with the advice and consent of a majority of the entire City Council. The City Manager and the Acting City Manager shall be appointed solely on the basis of such person's executive and administrative qualifications. The person appointed shall serve for an indefinite term. The City Manager may be removed on recommendation of the Mayor with the consent of a majority of the entire Council, or by a two-thirds vote of the entire Council on its own initiative. The City Manager shall be compensated as established by the Council. The person appointed to the office of City Manager shall become a resident of and reside within the city limits within six months of appointment and possess qualifications provided by ordinance. The residency requirement may be waived by a two-thirds vote of the entire Council.

Section 5.2. Powers and Duties.

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The City Manager shall be the chief administrative officer of the city. The City Manager shall be responsible to the Mayor and Council for the administration of all city affairs placed in the City Manager's charge by or under this Charter. The City Manager shall have the following powers and duties: (a) Appointment and Removal of Department Directors.

The City Manager shall appoint and, when the City Manager deems it necessary for the good of the city, suspend or remove city employees and appointive administrative officers, including the City Clerk, provided for by or under this Charter, except as otherwise provided by law, this Charter or the personnel code and regulations thereunder adopted pursuant to Section 6.2, Personnel System.

The City Manager may authorize any administrative officer who is subject to the City Manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency.

(b) Administration of Departments. The City Manager shall direct and supervise the

administration of all departments, offices and agencies of the city, except as otherwise provided by this Charter or by law. (c) Attend City Council Meetings. The City Manager shall attend all Council meetings

and shall have the right to take part in discussion but may not vote.

Manager shall receive notice of all special meetings.

The City

(d) Enforcement of Laws. The City Manager shall see that all laws, provisions of this

Charter and acts of the Council subject to enforcement by the City Manager, or by any person subject to the City Manager's direction and supervision, are faithfully executed. (e) Budget and Capital Program.

The City Manager shall prepare and submit the annual budget and capital program to the Mayor and Council, which shall be open to public inspection, maintained in the Office of the City Clerk, and made available in electronic format.

(f) Finance and Administrative Report. The City Manager shall submit to the Mayor

and Council, and make available to the public, a complete report on the finances and administrative activities of the city at the end of each fiscal year, the official copy of which shall be on file in the Office of the City Clerk. (g) Other Reports. The City Manager shall make such other reports as the Council

may require concerning the operations of city departments, offices and agencies subject to his or her direction and supervision. (h) Report of Financial Condition of the City. The City Manager shall keep the Mayor

and Council fully advised as to the financial condition and future needs of the city [,] and make such recommendations to the Council concerning the affairs of the city as the City Manager deems desirable.

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(i) Execution of Documents. Except as otherwise provided by the Council, the City

Manager shall sign on behalf of the city all instruments required to implement the Council approved budget, all documents related to the administration and management of employees, all administrative policies, all capital project contracts and professional services agreements, and all contracts and agreements related to the administration and management of government business. (j) Other Duties. The City Manager shall perform such other duties as are specified in

this Charter or may be required by the Council.

Section 5.3. Acting City Manager.

By letter filed with the City Clerk, the City Manager shall designate a qualified person to exercise the powers and perform the duties of the City Manager during the temporary absence or disability of the City Manager. During such absence or disability, the Mayor with the consent of the Council may revoke such designation at any time and appoint another qualified person to serve.

Section 5.4. Performance Review.

The City Manager shall receive a performance review from the Mayor and Council at least once each year. Each performance review shall be made part of the confidential personnel file of the City Manager.

ARTICLE VI ADMINISTRATIVE ORGANIZATION AND PERSONNEL SYSTEM Section 6.1. Administrative Organization. (a) Departments,

Authorities and Offices.

Existing departments, agencies, authorities and offices shall be continued as constituted on the effective date of this Charter until thereafter changed pursuant to this Charter or by ordinance.

(b) Committees, Boards and Commissions.

Existing committees, boards and commissions shall be continued as constituted on the effective date of this Charter until thereafter changed pursuant to this Charter or by ordinance.

Section 6.2. Personnel System.

The Council shall adopt by ordinance a personnel code providing a comprehensive personnel system for city officers and employees. The personnel code shall provide that all appointments and promotion of city officers and employees shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of -45-

CHARTER OF THE CITY OF LEE’S SUMMIT, MISSOURI

competence. The personnel code shall authorize the City Manager to promulgate regulations dealing with personnel matters. The personnel code and any regulations promulgated pursuant thereto shall be consistent with this Charter.

ARTICLE VII MUNICIPAL COURT Section 7.1. Jurisdiction.

There shall be a Municipal Court which shall have jurisdiction to hear and determine all cases involving alleged violations of ordinances of the city, and to assess punishment, by fine or incarceration, as therein provided. This court is a continuation of the municipal court of the city as previously established and initially comprises Divisions 243 and 263 of the Sixteenth Judicial Circuit Court of the State of Missouri, designated Divisions I and II, respectively. The Municipal Court shall be subject to the rules of the Missouri Supreme Court and the Circuit Court of which it is part.

Section 7.2. Judges.

The Municipal Court shall initially be composed of two separate divisions, each having its own judge. (a) Election and Terms.

The judges shall be elected to serve staggered four-year terms as exists on April 4, 20175. One judge shall be designated Presiding Municipal Judge by agreement or by the senior judge in the absence of agreement.

At each regular municipal election, a Municipal Judge shall be elected by the qualified voters of the city at large to fill the office of any judge whose term shall expire. The number of Municipal Judges and corresponding divisions of the Municipal Court may be changed by ordinance without amending this Charter, provided said change would not take effect before the expiration of the affected term. Additional judges shall also be elected to four-year terms on a cycle to be determined by the ordinances creating such additional judicial positions.

(b) Powers and Duties. The Municipal Judges shall have such powers and duties as

are conferred upon such officers by law or by ordinance. (c) Qualifications. A Municipal Judge shall be a licensed member of the Missouri Bar,

shall have been in active practice of law in the State of Missouri for at least three years immediately preceding his or her election, shall have been a resident of the city two years next preceding election and a qualified voter, and shall remain a resident and qualified voter of the city. (d) Prohibition. No Municipal Judge shall hold any other Lee’s Summit city office or 5Editor’s

Note: This provision shall be amended only upon approval of Question 12 related to Article XVI. Schedule

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city employment during the term for which the judge was elected, and no former Municipal Judge shall hold any compensated appointive Lee’s Summit city office or city employment until one year after the expiration of the term for which the judge was elected. (e) Vacancies.

An office of Municipal Judge shall become vacant upon the judge's death, resignation, recall or removal from office in any manner authorized by this Charter or by law, or upon forfeiture of the office.

(f) Forfeiture of Office. A Municipal Judge shall forfeit office: (1) if at any time during

the term of office he or she lacks any qualification for the office prescribed by this Charter or by law, or (2) if the judge violates any prohibition as provided in Section 7.2(d), Prohibition, or (3) if a judge willfully violates the requirements of Section 14.1, Personal Financial Interest. (g) Removal from Office. Municipal judges may be removed from office in any manner

provided by law or the Rules of the Missouri Supreme Court. (h) Filling of Vacancies. The Council by a majority of all its members shall appoint a

qualified person to fill a vacancy in the office of Municipal Judge until the next regular municipal election as established by the Missouri election calendar in accordance with state law, for which timely notice may be given, when a person will be publicly elected by qualified voters to serve the remainder of any unexpired term. (i) Compensation.

Compensation of Municipal Judges shall be determined by ordinance, and shall not be dependent in any way upon the number of cases tried, the number of guilty verdicts reached or the amount of fines imposed or collected.

No change in compensation of an incumbent Municipal Judge shall become effective during that judge's term of office.

Section 7.3. Court Administration.

The Council shall provide for a Court Administrator, clerks and other personnel for the Municipal Court. .

[The Court Administrator and other court employees shall discharge all duties incident of the court administration under the direction and control of the City Manager, except as otherwise provided by law and/or applicable Missouri Supreme Court Rule.]

All personnel of the Municipal Court shall be subject to the administrative policies and procedures of the city, except as otherwise provided by law. All Municipal Court personnel who shall have any duties or responsibilities in connection with the collection, deposit, transfer, transmittal, disbursement, safekeeping, accounting or recording of funds which come into their hands shall enter such surety bonds, payable to the city and such other governmental unit in whose behalf such funds have been collected, as may be required by the judges or by ordinance. The cost of the premium for such surety bonds shall be paid by the city.

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Section 7.4. Traffic Violations Bureau.

The city shall have a Traffic Violations Bureau which shall be supervised by the Presiding Municipal Judge. The Traffic Violations Bureau shall have authority to collect fines for violations of traffic and other municipal ordinances not deemed by the Municipal Judges to require a personal appearance before the Municipal Court by an accused desiring to plead guilty.

ARTICLE VIII PARKS AND RECREATION BOARD Section 8.1. Composition. (a) Appointment and Terms. There shall be a board of directors to be known as the

Parks and Recreation Board. The Board shall consist of nine citizen members who shall reside in the city and who shall not be elected officers or employees of the city.

The Mayor, with the advice and consent of a majority of the entire Council, before the first day of June each year, shall appoint three directors of the Board who shall hold office for a term of three years and until successors are appointed. All vacancies on the Board shall be reported to the Mayor and Council; thereafter the Mayor, with the advice and consent of a majority of the entire Council, shall appoint a qualified citizen to fill the remainder of the unexpired term. All directors shall serve without compensation. The first appointees to the Board shall be the same persons who were duly appointed to the Board under the former government and they shall serve until the scheduled expiration of their terms unless sooner removed as provided by this Charter. (b) Council Liaison.

The Mayor Pro Tempore, with the advice and consent of a majority of the Council, shall appoint a Councilmember as a non-voting liaison to the Parks and Recreation Board.

(c) Officers. The Parks and Recreation Board shall annually elect from its members a

president and such other officers it deems necessary. The organizational meeting for electing such officers shall take place at the first meeting after the three annually appointed directors take office. (d) Removal. A director of the Parks and Recreation Board may be removed for cause

upon the recommendation of the Mayor with the consent of a majority of the entire Council, or by a two-thirds affirmative vote of the entire Council on its own initiative.

Section 8.2. Powers and Duties. (a) General. The Parks and Recreation Board shall make and adopt such bylaws, rules

and regulations for its own guidance and for the governance of the parks and recreation activities as may be expedient. In so doing, the Board shall emulate city policies and procedures regarding finance, procurement and personnel; however, all decision making authority shall remain with the Board. The Board shall have control of the supervision, improvement, care and custody of the parks and recreation -48-

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activities. The Board shall appoint, suspend or remove, and render the annual performance review of the Parks and Recreation Administrator. The Parks and Recreation Administrator shall appoint, suspend or remove all employees of the parks and Recreation department. The Board shall have control of the expenditures of all monies collected for and deposited to the credit of the parks and recreation fund. (b) Property.

The Parks and Recreation Board shall have the power to acquire an interest in real property for parks and recreation purposes by purchase, gift, exchange or otherwise. The Board shall also have the power to dispose of real property by sale or otherwise, but only when this disposition is consistent with the original grant, or the public use has been abandoned, or the property has become unsuitable or inadequate for parks and recreation purposes. All real properties held by the Board shall be titled in the name of the City of Lee's Summit.

Section 8.3. Parks and Recreation Fund. (a) Tax Levy.

As provided by state law, the city is authorized and empowered to continue to levy taxes for the operation of public parks and recreation grounds and facilities, and such taxing authority and such taxes shall supersede the special tax heretofore levied for parks under authority of Section 90.500, R.S.Mo. 1986. (b) Separate Fund. Any tax for parks and recreation purposes shall be levied and collected in like manner with other general taxes of the city, but the funds received therefrom shall be kept separate and apart from all other funds of the city and shall be deposited in a fund designated "parks and recreation fund." All monies received for parks and recreation, including proceeds from the disposition of parks and recreation property, shall be deposited in the city treasury to the credit of the parks and recreation fund, shall be kept separate and apart from other monies of the city, and shall be drawn upon by the proper officers of the city upon the properly authenticated vouchers of the Parks and Recreation Board.

Section 8.4. Annual Report.

The Parks and Recreation Board shall make, on or before the second Monday in June of each year, a report to the Council containing such information as the Council shall require.

Section 8.5. Review of Board Decisions.

Upon the written certification of three Councilmembers, the Council may review any action or decision of the Parks and Recreation Board, except a personnel matter. This certification shall state with particularity the action(s) or decision(s) to be reviewed and shall establish a hearing date that is not less than thirty (30) days from delivery of the certification to the Board. The Council shall hear testimony and rule on the appeal. It shall require a two-thirds affirmative vote of the entire Council to set aside, reverse or modify a Board action or decision.

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CHARTER OF THE CITY OF LEE’S SUMMIT, MISSOURI

ARTICLE IX DECLARATION OF CANDIDACY AND ELECTIONS Section 9.1. Municipal Elections. (a) Regular Elections.

The regular municipal election shall be held on the first Tuesday in April, or such day as may be mandated by state law.

(b) Special Elections. The Council may by ordinance order special elections, fix the

time for such elections, and provide for holding such elections. (c) Conduct of Elections. All municipal elections shall be non-partisan and governed

by the provisions of this Charter and applicable state law. The Council by ordinance may further regulate elections, subject to the provisions of this Charter and applicable state law. (d) Definition of Qualified Voter. Wherever used in this Charter, the term "qualified voter" means a registered voter who is eligible to vote in the city at large or in a Council district, whichever is applicable.

Section 9.2. Declaration of Candidacy.

Declaration of candidacy for election to city office shall be made by declaration of candidacy filed with the City Clerk. No person shall file a declaration of candidacy for one city office and, without withdrawing, file for another city office to be filled at the same election. Any person violating this section shall be disqualified from running for any city office at the subject election.

Section 9.3. Determination of Election Results.

The Council shall canvass the election returns and declare the results of any municipal election, regular or special, at the next regularly scheduled Council meeting following [receipt of] certification of the election returns by the respective verification board of each county. The candidate receiving the highest number of votes for each office shall be declared elected and inducted into office at that time.

Section 9.4. City Council Districts.

There shall be four Council districts, bounded and numbered the same as the wards that exist at the time of adoption of this Charter. District boundaries shall be established by ordinance following each decennial census. Districts shall comprise compact and contiguous territory and shall contain, as nearly as possible, an equal number of inhabitants.

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CHARTER OF THE CITY OF LEE’S SUMMIT, MISSOURI

ARTICLE X INITIATIVE, REFERENDUM AND RECALL Section 10.1. General Authority. (a) Initiative.

The qualified voters of the city shall have the power to propose ordinances to the Council.

(1) [If] the Council fails to adopt an ordinance so proposed without any change in substance, [the voters shall have the power] to adopt or reject

[the

proposed

ordinance] at a municipal election, provided that such power shall not extend to the budget or capital program, any ordinance relating to the levy of taxes, zoning or salaries of city employees, or any ordinance relating to any appropriation of money unless such ordinance provides for additional revenues therefor. The term "city employees" in this section shall not include elected officials.

(2) A proposed initiative ordinance shall contain only one subject, which shall be clearly expressed in its title.

(3) The election [for a proposed ordinance] shall be held at the next available regular or special election date as established by the Missouri election calendar in accordance with state law, for which timely notice may be given. (b) Referendum.

The qualified voters of the city shall have the power to require reconsideration of any adopted ordinance [by the Council.] [If] the Council fails to repeal an ordinance so reconsidered, [the voters shall] approve or reject [the ordinance] at a municipal election, provided that such power shall not extend to the budget or capital program, any emergency ordinance, any zoning or land use issues, or any ordinance levying a special assessment or providing for the issuance of special tax bills, appropriation of money, levy of taxes or salaries of city employees.

The term "city employees" in this section shall not include elected officials. The election shall be held at the next available regular or special election date as established by the Missouri election calendar in accordance with state law, for which timely notice may be given.

(c) Recall.

Any elected official, whether popularly elected or appointed, may be removed by qualified voters. No elected official shall be subject to recall within six months after [election] into office nor during the last six months [prior to the election at which] the official's term [shall end]. If the elected official is retained in office upon any recall election, the official shall not be again subject to recall during the same term of office. The election shall be held at the next available regular or special election date as established by the Missouri election calendar in accordance with state law, for which timely notice may be given. The recall question shall be submitted to the voters in substantially the following form: Shall ______________________[Name]______________________ -51-

CHARTER OF THE CITY OF LEE’S SUMMIT, MISSOURI

________________________[Title of Office]___________________ be removed from office?

Yes _____________________

No_____________________

Section 10.2. Commencement of Proceedings; Petitioners' Committee; Notarized Affidavit. (a) Any five qualified voters may commence initiative, referendum or recall proceedings by filing with the City Clerk a notarized affidavit stating they will constitute the petitioners' committee (b) [The petitioners’ committee shall be] responsible for circulating the petition and filing

[the petition] in proper form (c) [A committee affidavit shall state the names, addresses and e-mail addresses of the five qualified voters] and specify the street address to which all notices to the committee are to be sent, consenting that sending notice by United States Certified Mail return receipt requested to such address shall constitute valid notice to the committee. (d) [Each affidavit for petitioner’s committee shall set] out in full the proposed initiative ordinance, or cite the ordinance sought to be reconsidered, or specify the name and title of office of the elected official to be recalled and a general statement of the reason(s) for the recall. (e) Not more than three (3) business days after the notarized affidavit of the petitioners' committee is filed, the City Clerk shall [notify the petitioner’s committee that the appropriate petition blanks are available in the Office of the City Clerk.] (f) [A committee affidavit related to a referendum shall be filed no later than fourteen (14) days after adoption by the city council of the ordinance sought to be reconsidered.]

Section 10.3. Petitions. (a) Number of Signatures.

(1) Initiative.

An initiative petition shall be signed by qualified voters of the city equal in number to at least seven percent (7%) of the total number of qualified voters registered to vote at the last regular municipal election.

(2) Referendum. A referendum petition shall be signed by qualified voters of the

city equal in number to at least ten percent (10%) of the total number of qualified voters registered to vote at the last regular municipal election.

(3) Recall.

A recall petition shall be signed by qualified voters for that office in number equal to at least thirty percent (30%) of the total number of votes cast for -52-

CHARTER OF THE CITY OF LEE’S SUMMIT, MISSOURI

the office in the election at which that office was elected. (b) Form and Content. All papers of a petition shall be uniform in size and style and

shall be assembled as one instrument for filing.

(1) Each signature shall be executed [as required by law, but at a minimum all petition signatures shall be executed in ink and shall be followed by the date signed and the address of the person, including zip code, printed name, county and district.] .

(2) Initiative and referendum petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered.

(3) A recall petition shall state the name and title of office of the elected official sought to be recalled and the general reason(s) for recall on the top and bottom of all pages of the petition. No petition shall seek the recall of more than one officer, but several propositions for recall may be separately submitted at the same election on the same ballot. (c) Notarized Affidavit of Circulator. When filed, each paper of a petition shall have

attached to it a notarized affidavit executed by the circulator thereof stating that the circulator personally circulated the paper. [Each page of the petition shall also include] the number of signatures thereon, that all the signatures were affixed in the circulator's presence, that the circulator believes them to be the genuine signatures of the persons whose names they purport to be, and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. A petition circulator need not be a member of the petitioners' committee, but shall be a qualified voter [of the city.] (d) Time for Filing Petitions.

(1) Initiative. An initiative petition shall be filed within ninety (90) calendar days of

the issuance of the appropriate petition forms to the petitioners' committee.

(2) Referendum. A referendum petition shall be filed within forty-five (45) calendar

days after [filing of the petitioner’s committee] .

(3) Recall.

A recall petition shall be filed within sixty (60) calendar days of the issuance of the appropriate petition forms to the petitioners' committee.

Section 10.4. Procedure After Filing. (a) Certificate of City Clerk; Amendment.

(1) Within thirty (30) calendar days after the petition is filed, the City Clerk shall

complete a certificate as to its sufficiency.

(2) [If] insufficient, [the City Clerk shall specify] the particulars wherein [the petition] is defective and shall promptly send a copy of the certificate to the petitioners' -53-

CHARTER OF THE CITY OF LEE’S SUMMIT, MISSOURI

committee by United States certified mail return receipt requested.

(3) A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend [the petition] with the City Clerk within two (2) business days after receiving the copy of the City Clerk's certificate of [insufficiency.]

(4) [A] supplement to the petition [shall be filed] within ten (10) business days after

receiving the copy of such certificate [of insufficiency]. Such supplement to the petition shall comply with the requirements of subsections (b) and (c) of Section 10.3, Petitions.

(5) [Within ten (10)] business days after [the supplement petition] is filed, the City Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by United States certified mail return receipt requested as in the case of an original petition.

(6) If a petition or amended petition is certified insufficient and the petitioners' committee does not amend within the time required, [or the amendment is also insufficient,] the City Clerk shall promptly present the City Clerk's certificate to the Council, and the certificate then shall be a final determination as to the sufficiency of the petition. (b) Court Review; New Petition. A final determination as to the sufficiency of a petition

shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.

Section 10.5. Referendum Petitions; Suspension of Effect of Ordinance.

When a [petitioner’s committee has properly filed a committee affidavit with the City Clerk related to the referendum,] the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (a) there is a final determination of insufficiency of the petition; or (b) the petitioners' committee withdraws the petition; or (c) the Council repeals the ordinance; or (d) the election results sustaining the ordinance have been certified by the election

authorities.

Section 10.6. Action on Initiative, Referendum and Recall Petitions. (a) Initiative and Referendum; Council Action.

When an initiative or referendum petition has been finally determined sufficient, the Council shall consider [such -54-

CHARTER OF THE CITY OF LEE’S SUMMIT, MISSOURI

initiative or referendum at the next regular City Council meeting for which notice can be properly given,] , or reconsider the referred ordinance by voting to repeal the ordinance. If the Council fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) calendar days, or fails to repeal the referred ordinance within thirty (30) calendar days after the date the petition was finally determined sufficient, the Council [shall at the next regular City Council meeting for which notice can be properly given,] fix a date for holding the election to submit the proposed or referred ordinance to the voters of the city. (b) Initiative and Referendum; Submission to Voters. The vote on a proposed or

referred ordinance shall be held not later than the next available regular or special election date as established by the Missouri election calendar in accordance with state law, for which timely notice may be given. Copies of the proposed or referred ordinance shall be made available at the polls. (c) Recall. When a recall petition has been certified to the Council as sufficient by the

City Clerk, the Council shall, at [the next regular Council] meeting, [for which notice can be properly given] after receipt of such certification, fix a date for holding the election. The election shall be held at the next available regular or special election date as established by the Missouri election calendar in accordance with state law, for which timely notice may be given. (d) Withdrawal of Petitions.

An initiative, referendum or recall petition may be withdrawn at any time prior to 5:00 p.m. on the final day for [election] certification, as prescribed by state law, by filing with the City Clerk a request for withdrawal signed by at least four members of the petitioners' committee. Upon the filing of such [request,] the petition shall have no further force or effect and all proceedings thereon shall be terminated.

Section 10.7. Results of Election. (a) Initiative.

If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, [the ordinance] shall be considered adopted upon

[receipt

of official] certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Council and Mayor. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Referendum. If a majority of the qualified electors voting on a referred ordinance

vote to repeal it, [the ordinance] shall be considered repealed upon [receipt of official] certification of the election results.

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CHARTER OF THE CITY OF LEE’S SUMMIT, MISSOURI (c) Recall. If a majority of the qualified electors voting at a recall election shall vote in

favor of the proposition to remove an official, a vacancy shall exist in the office and such vacancy shall be filled as provided by this Charter. If a majority of the qualified electors voting at a recall election shall vote against the proposition to remove an official, the official shall remain in office. An official who has been removed from office by recall shall be ineligible to be appointed or elected to serve as a city official in any capacity at any time during the remainder of the term for which the official was elected.

ARTICLE XI FINANCIAL PROCEDURES Section 11.1. Fiscal Year.

The City Council shall determine the fiscal year of the city.

Section 11.2. Submission of Budget and Budget Message.

Before the beginning of the fiscal year, the City Manager shall submit to the Mayor and Council a budget for the ensuing fiscal year and an accompanying message.

Section 11.3. Budget.

The budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the Council may require. In no event shall the total proposed expenditures exceed the estimated revenues to be received plus any unencumbered cash reserves estimated to be on hand at the beginning of the budget year.

Section 11.4. Capital Program. (a) Submission to Council. The City Manager shall prepare and submit to the Mayor

and Council a five-year capital program prior to the final date for submission of the budget. The Council by resolution shall adopt the capital program with or without amendment on or before the last day of the month of the current fiscal year. (b) Contents. The capital program shall include: (1) a clear general summary of its contents; (2) a list of all capital improvements that are proposed to be undertaken during the

five fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements; (3) costs estimates, method of financing and recommended time schedules for each -56-

CHARTER OF THE CITY OF LEE’S SUMMIT, MISSOURI

such improvement; and (4) the estimated annual cost of operating and maintaining the facilities to be

constructed or acquired.

The above information may be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition.

Section 11.5. Council Action on Budget. (a) Notice and Hearing.

The Council shall publish in one or more newspapers of general circulation in the city, [or as otherwise provided by law], a general summary of the budget and a notice stating: (1) the times and places where copies of the message and budget are available for

inspection by the public; and (2) the time and place, not less than two weeks after such publication, for a public

hearing on the budget. (b) Amendment Before Adoption. After the public hearing, the Council may adopt the

budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for elimination of a projected cash deficit. (c) Adoption. The Council by ordinance shall adopt the budget on or before the last

day of the month of the fiscal year currently ending. If it fails to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items in it prorated accordingly, until such time as the Council adopts a budget for the ensuing fiscal year. Adoption of the budget shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated.

Section 11.6. Public Records.

Copies of the budget and the capital program as adopted shall be public records and shall be made available to the public at suitable places in the city in printed form or electronic format. The Council shall publish annually, in one or more newspapers of general circulation in the city, [or as otherwise provided by law,] a summary accounting of the receipts and expenditures for the preceding year.

Section 11.7. Amendment After Adoption. (a) Supplemental Appropriations. If during the fiscal year the City Manager certifies

that there are available for appropriation revenues in excess of those estimated in the budget, the Council by ordinance may make supplemental appropriations for the year up to the amount of such excess.

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CHARTER OF THE CITY OF LEE’S SUMMIT, MISSOURI

(b) Reduction of Appropriations.

If at any time during the fiscal year it appears probable to the City Manager that the revenues available will be insufficient to meet the amount appropriated, the City Manager shall report to the Council without delay, indicating the estimated amount of the deficit, any remedial action taken by the City Manager, and recommendations as to any other steps to be taken. The Council then shall take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may by ordinance reduce one or more appropriations.

(c) Transfer of Appropriations. At any time during the fiscal year, the City Manager

may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency and, upon written request by the City Manager, the Council may by ordinance transfer part or all of any unencumbered appropriation balance from one department, office or agency to another. (d) Emergency Appropriations; Effective Date. The supplemental appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption and may be made by emergency ordinance in accordance with the provisions of Section 3.13(f), Emergency Ordinances.

Section 11.8. Tax Rates and Tax Rolls.

After the budget is finally adopted, the Council shall by ordinance set the tax rates and levy on the various classes of property, and the levy so established shall be certified by the City Clerk to the appropriate officials, who shall compute the taxes and extend them upon the tax rolls.

Section 11.9. Sale of Bonds.

The city shall be authorized to sell any bonds as may now or hereafter be authorized by law. Except as otherwise required by law or this Charter, All bonds issued by the city shall be sold as prescribed by ordinance.

ARTICLE XII FRANCHISES Section 12.1. Granting of Franchises; rights-of-way use.

All public franchises or privileges which the city is authorized to grant, and all renewals, extensions and amendments thereof, shall be granted only by ordinance. No such ordinance shall be adopted within less than thirty (30) days after application therefore, has been filed with the Council, nor until a full public hearing has been held thereon.

Notice of all public hearings conducted hereunder shall be given at least fifteen (15) days prior to such hearing by publishing such notice at least once in a newspaper of general circulation within the city. No exclusive franchises shall ever be granted, and no franchise shall be granted for a term longer than twenty (20) years. No such franchise shall be transferable directly or indirectly, except with the approval of the Council -58-

CHARTER OF THE CITY OF LEE’S SUMMIT, MISSOURI

expressed by ordinance after a full public hearing.

Where applicable, federal or state prohibits regulation by such franchise or privilege, the regulations of the use of City rights-of-way may, to the extent permitted by law, including the requirement for a non-exclusive rights-of-way use agreement with the City, adopted as provided for other contracts and incorporating such lawful rights-of-way management and other terms necessary or appropriate to protect the public interest.

Section 12.2. Right of Regulation.

All public franchises and privileges, whether or not provided for in the ordinance and to the extent not inconsistent with applicable law, shall be subject to the right of the Council to: (a) Misuse-Nonuse. Repeal the same for misuse or nonuse, or for failure to comply

therewith, or shorten the term thereof for failure to comply with the provisions of this section and regulations adopted in accordance with this section) or with the provisions of the franchise ordinance. (b) Efficiency. Require proper and adequate extension of plant and service and the

maintenance thereof at the highest practicable standards of efficiency. (c) Non-discrimination.

Establish reasonable standards of service and quality of products and prevent unjust discrimination in service or rates.

(d) Audit of Accounts. Make an independent audit and examination of accounts at

any time and require reports annually, which shall be made available in printed or electronic format. (e) Service to Public. Require continuous and uninterrupted service to the public in

accordance with the terms of the franchise throughout the entire period thereof. (f) Use of City Property.

Control and regulate the use of the city streets, alleys, bridges, easements, rights-of-way and public places, and the space above and beneath them.

(g) Rates and Charges. Regulate rates, fares and charges and make readjustments

thereof from time to time if the same are not regulated by an applicable local, state or federal agency. (h) Other Regulations.

Impose such other regulations from time to time as it may determine to be conducive to the safety, welfare and accommodation of the public.

Section 12.3. Temporary Permits.

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CHARTER OF THE CITY OF LEE’S SUMMIT, MISSOURI

bridges, easements, rights-of-way and public places for a period not to exceed two (2) years may be granted by the Council by ordinance without public hearing. Such permit shall be subject to amendment, alteration or revocation at any time at the will of the Council, whether so provided in the ordinance or not. Any permit granted hereunder shall in no event be construed to be a franchise, or an extension or amendment of a franchise.

Section 12.4. Operation Beyond Franchise Period.

Any operation by a franchise holder, with the tacit permission of the city, beyond the period for which the franchise was granted shall under no circumstance be construed as a renewal or extension of such franchise. Any such operation shall at most be regarded as a mere temporary permit subject, like other permits, to amendment, alteration or revocation at any time at the will of the Council.

ARTICLE XIII LICENSING, TAXATION AND REGULATION OF BUSINESS, OCCUPATIONS, PROFESSIONS, VOCATIONS AND OTHER ACTIVITIES OR THINGS Section 13.1. Objects of Licensing, Taxation and Regulation.

The Council shall have the power by ordinance to license, tax and regulate all businesses, occupations, professions, vocations, activities or things whatsoever set forth and enumerated by the statutes of this state now or hereafter applicable to constitutional charter cities, or cities of any class, or of any population group, and which any such cities are now or may hereafter be permitted by law to license, tax and regulate.

ARTICLE XIV GENERAL PROVISIONS Section 14.1. Personal Financial Interest.

Any elected or appointed officer, employee, or member of any committee, authority, board or commission of the city who has any direct or indirect substantial financial interest (as defined by the conflict of interest statutes of Missouri) (a) in any party transacting business with the city, or (b) in the subject matter of any city transaction, shall make known that interest and shall refrain from voting upon or otherwise participating in his or her capacity as a city officer, employee or member in such transaction. Any city officer, employee or member who willfully conceals such a substantial financial interest or willfully violates the requirements of this section shall be -60-

CHARTER OF THE CITY OF LEE’S SUMMIT, MISSOURI

guilty of malfeasance in office or position and shall forfeit the office or position. Violation of this section with the express or implied knowledge of the party transacting business with the city shall render the transaction voidable by the city.

Section 14.2. Prohibitions. (a) Activities Prohibited.

(1) Discrimination. No person shall be appointed to or removed from, or in any way

favored or discriminated against with respect to, any city position or appointive city administrative office because of race, sex, age, disability, national origin, political or religious opinions or affiliations.

(2) False Reports. No person shall willfully make any false statement, certificate,

mark, rating or report in regard to any test, certification or appointment under the personnel provisions of this Charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations.

(3) Undue Influence. No person who seeks appointment or promotion with respect

to any city position or appointive city administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his or her test, appointment, proposed appointment, promotion or proposed promotion. (b) Penalties. Any person who willfully violates any of the provisions of Section 14.2(a),

Activities Prohibited, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as may be provided by ordinance.

Section 14.3. Political Activity.

All employees may exercise their rights as private citizens to express opinions and, if a qualified voter of the city, to vote in any municipal election. Political affiliation, participation or contribution shall not be considered in making any city employment decision. No city officer, committee, authority, board or commission member, or employee shall use official authority or official influence for the purpose of interfering with or affecting the result of an election to a Lee's Summit city office or any ballot proposition. No city officer, committee, authority, board or commission member, or employee shall directly or indirectly coerce or command a city employee to pay, lend or contribute anything of value to a committee, organization, agency or person for the political or electoral purposes of any candidate for Lee's Summit city office or any ballot proposition.

Section 14.4. All Ordinances Effective on Municipal Land.

In addition to all other powers herein granted, the City of Lee's Summit shall have the right and authority to administer and enforce all its municipal ordinances within all areas owned or occupied by the city which are outside of the corporate city limits.

Section 14.5. Notice of Suits.

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CHARTER OF THE CITY OF LEE’S SUMMIT, MISSOURI

No action shall be maintained against the city for or on account of any injury growing out of alleged negligence of the city unless notice shall first have been given in writing to the Mayor within ninety (90) days of the occurrence for which said damage is claimed, stating the place, time, character and circumstances of the injury, and that the person so injured will claim damages therefor from the city.

Section 14.6. Official Bonds.

All officers and employees of the city who receive, disburse, or are responsible for city funds, and such other officers and employees as the Council by ordinance may designate, shall, within such time after election or appointment as may be fixed by ordinance, and before entering upon the discharge of their duties, give bond to the city in such sums and with such sureties as shall be prescribed by ordinance or law, and subject to approval by the Council, conditioned upon the faithful and proper performance of their duties and for the prompt accounting for and paying over to the city of all monies belonging to the city that may come into their hands. The city shall pay the premiums on all such bonds.

Section 14.7. Charter Amendment.

Amendments to this Charter may be framed and submitted to the electors by a commission in the manner provided by law and the Missouri Constitution for framing and submitting a complete charter. Amendments may also be proposed by the Council, by the Charter Review Commission, or by petition of not less than ten percent of the qualified electors of the city, filed with the City Clerk in the manner prescribed for initiative petitions in Article X, setting forth the proposed amendment(s). The Council shall at once provide by ordinance that any amendment so proposed shall be submitted to the electors [at the next available regular or special election date as established by the Missouri election calendar in accordance with state law, for which timely notice may be given.] Any amendment approved by a majority of the qualified electors voting thereon shall become a part of this Charter at the time and under the conditions fixed in the amendment; sections or articles may be submitted separately or in the alternative and determined as provided by law and the Constitution for a complete charter.

Section 14.8. Charter Review Commission.

From time to time, but no less often than every ten years, the Council shall provide for a Charter Review Commission to review this Charter and to recommend to the voters of the city proposed amendments, if any, to this Charter. The members of the Charter Review Commission shall be selected as provided by the Council. The Charter Review Commission shall consist of at least eight qualified voters of the city, none of whom shall be an elected official of the city. No more than thirty percent of the commission members shall reside in any one Council district. The Charter Review Commission shall, within twelve months of its first meeting, report to the voters as many -62-

CHARTER OF THE CITY OF LEE’S SUMMIT, MISSOURI

amendments to the Charter as it shall deem advisable.

Section 14.9. Public improvements and Special Assessments. (a) Improvements.

The procedure for making, altering, vacating or abandoning a public improvement shall be governed by general ordinance, consistent with applicable state law.

(b) Special Assessments.

The procedure for levying, collecting and enforcing payment of special assessments for public improvements or special tax bills evidencing such assessments shall be governed by general ordinance, consistent with applicable state law.

Section 14.10. Proof of Ordinance.

Any ordinance may be proved by a copy thereof certified by the City Clerk under the seal of the city. When printed and published by authority of the city, the certified copy shall be received in evidence in all courts, or other places, without further proof of authenticity.

Section 14.11. Separability.

If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circumstances is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby.

-63-

BILL NO.

DRAFT

ORDINANCE NO.

AN ORDINANCE CALLING AN ELECTION FOR APRIL 4, 2017, IN THE CITY OF LEE’S SUMMIT, MISSOURI, A CONSTITUTIONAL CHARTER CITY, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY QUESTIONS OF AMENDING THE CHARTER FOR THE CITY OF LEE’S SUMMIT AND AUTHORIZING THE ELECTION AUTHORITIES OF JACKSON AND CASS COUNTIES TO CONDUCT SAID ELECTION; PRESCRIBING THE FORM OF QUESTION TO BE USED AND PROVIDING THAT NOTICE OF SAID ELECTION BE GIVEN AND SAID ELECTION BE HELD IN ACCORDANCE WITH ALL APPLICABLE MISSOURI LAW. WHEREAS, on April 2, 1996, the citizens of Lee’s Summit, Missouri, voted to enact a City Charter for the governance of the City, which became effective on the first meeting after certification of the election results; and, WHEREAS, Article XIV of the City Charter, §14.8 provides that from time to time, but no less often than every ten years, the Council shall provide for a Charter Review Commission to review the City Charter and to recommend to the voters of the city proposed amendments, if any, to the Charter, and that the Charter Review Commission shall, within twelve months of its first meeting, report to the voters as many amendments to the Charter as it deems advisable; and, WHEREAS, the City Council appointed the City of Lee’s Summit’s First Charter Review Commission on July 6, 2006 by Resolution No. 06-13 and certain amendments to the Charter were authorized by the voters of the City; and, WHEREAS, the City Council appointed the City of Lee’s Summit 2016 Charter Review Commission on December 17, 2015 by Resolution No. 15-18 WHEREAS, the duly appointed Charter Review Commission held its first meeting on January 11, 2016, and after meeting regularly thereafter gathering information, holding public hearings, hearing testimony, debating issues and thoughtful deliberation, delivered its report to the voters with proposed amendments within twelve months of its first meeting; and, WHEREAS, Article XIV of the City Charter, §14.7 provides that the Council shall at once provide by ordinance that any amendment so proposed shall be submitted to the electors at the next election held in the city not less than sixty days after passage of the ordinance; and, WHEREAS, the next election to be held in the city, which is not less than 60 days after the Charter Review Commission delivered its report to the voters, will occur on April 4, 2017; and, WHEREAS, the Council of the City of Lee’s Summit wishes to submit the questions referred by the Charter Review Commission to the voters of the City.

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LEE’S SUMMIT, MISSOURI, as follows: SECTION 1. That an election shall be held on April 4, 2017, placing before the voters within the City of Lee’s Summit the following questions in the following order:

BILL NO.

DRAFT

ORDINANCE NO.

QUESTION NO. 1 Shall the preamble of the City Charter for the City of Lee’s Summit, Missouri, be amended to read as follows: “We, the People of Lee’s Summit, Missouri, in order to secure the benefits and advantages of constitutional home rule under the Missouri Constitution do affirm our commitment to self-governance and aspire to create an economically vital community committed to equal opportunity, citizen participation, diversity and to promote a high quality of life where families and businesses thrive and hereby establish this Charter for the better government of our city”?

QUESTION NO. 2 Shall the Charter of the City of Lee’s Summit, Article III., City Council., be amended in various sections to: clarify the term “qualified voter”, to require that a member of the City Council remain a qualified voter of his or her district during his or her term of office, to provide that the Mayor of the City shall appoint the Mayor Pro Tempore instead of the City Council, prohibit a Councilmember from holding any other elected public office or incompatible public office, clarify the qualifications for appointment to the City Council in the event of a vacancy, require seven days to lapse between introduction and final passage of any ordinance, require copies of proposed ordinances to be made available in the City Clerk’s office and the City website, clarify the procedure for approval of an emergency ordinance and limiting the use of the emergency ordinance procedure to certain types of ordinances?

QUESTION NO. 3 Shall the Charter of the City of Lee’s Summit be amended to include a new Section 3.15., Charter Violation and Ethics Code., requiring the adoption of an ethics code by the City Council, and allowing sanctions to be imposed upon a City Councilmember only upon a 2/3rds vote of the entire Council including the Mayor?

QUESTION NO. 4 Shall the Charter of the City of Lee’s Summit, Article IV., Mayor., be amended in multiple sections to: require the Mayor to vote on all ordinances, remove the Mayor’s power to veto ordinances and resolutions, set a time when the Mayor shall appoint members to certain boards and commissions, prohibit the Mayor from holding any other elected public office or incompatible public office, provide for discipline by the City Council in the event he or she is found to have violated certain provisions of the Charter; and, to further amend Article III., City Council., Sections 3.4 and 3.13 to remove references to veto and Mayoral tie-breaking to be consistent with Article IV., Mayor?

Page 69

BILL NO.

DRAFT

ORDINANCE NO.

QUESTION NO. 5 Shall the Charter of the City of Lee’s Summit, Section 6.2., Personnel System., be amended to require all appointments and promotions of City Employees and Officers be made solely on the basis of merit and further clarifying that any personnel code shall authorize the City Manager to promulgate certain personnel rules?

QUESTION NO. 6 Shall the Charter of the City of Lee’s Summit, Section 7.3., Court Administration., be amended to enact a new provision requiring the Court Administrator to discharge his or her duties under the direction and control of the City Manager, and remove a provision that authorizes the Municipal Judges to suspend, remove and evaluate the performance of the Court Administrator?

QUESTION NO. 7 Shall the Charter of the City of Lee’s Summit, Section 9.3., Determination of Election Results., be amended to require canvassing of election returns at the next regularly scheduled meeting of the City Council following receipt of the certification of election returns?

QUESTION NO. 8 Shall the Charter of the City of Lee’s Summit, Article X., Initiative, Referendum and Recall., be amended in multiple sections to clarify the initiative, referendum and recall processes and specifically the authority of voters to adopt or reject a proposed ordinance through an initiative procedure, clarify the authority of voters to adopt or reject certain ordinances approved by the City Council through the referendum process, provide additional operational guidance for a petitioners committee, specify the content of a petition, specify the qualifications to be a petition circulator, provide certain time limits, and specify when the City Council must act following receipt and certification of a sufficient petition?

QUESTION NO. 9 Shall the Charter of the City of Lee’s Summit, Article XI., Financial Procedures., be amended in multiple sections to require that the budget of the City provide a complete financial plan for all City funds and activities and to allow that the City may utilize newspapers of general circulation in the city or other means provided by law to provide certain public notices related to the budget and summary of receipts and expenditures?

QUESTION NO. 10 Page 70

BILL NO.

DRAFT

ORDINANCE NO.

Shall the Charter of the City of Lee’s Summit, Article XII., Franchises., be amended in multiple sections to allow for use of the right-of-way consistent with applicable state and federal law?

QUESTION NO. 11 Shall the Charter of the City of Lee’s Summit, Section 14.7, Charter Amendment., be amended to clarify when an election related to charter amendments proposed by the City Council, Charter Review Commission, or a citizen petition be submitted to the voters?

QUESTION NO. 12 Shall the Charter of the City of Lee’s Summit be amended by deleting Articles XV., Transitional Provisions., XVI., Schedule., and XVII., Transitional Provisions for Charter Amendments Approved by the Voters on November 6, 2007, in their entirety and by amending Sections 3.2(c), 4.2(b) and 7.2(a) to clarify certain language and to remove references to Article XVI?

SECTION 2. That the form of Notice of Election showing said questions, a copy of which is attached hereto and made a part hereof, is hereby approved.

SECTION 3. That at said election the qualified registered voters of the city shall vote at the polling places within the city, as designated by the Board of Election Commissioners of Jackson County, Missouri, and the Clerk of Cass County, Missouri.

SECTION 4. That the judges and clerks at said election shall be designated by the Board of Election Commissioners of Jackson County, Missouri, and the Clerk of Cass County, Missouri.

SECTION 5. That the City Clerk is hereby authorized and directed to notify the Board of Election Commissioners of Jackson County, Missouri, and the County Clerk of Cass County, Missouri, of the passage of this Ordinance no later than 5:00 P.M. on Tuesday, January 24, 2017, and to include in said notification all of the terms and provisions required by Chapter 115, RSMo, as amended.

SECTION 6. That a full and complete copy of the proposed amendments to the Charter of the City of Lee’s Summit, Missouri is attached hereto and incorporated herein by reference, and a copy of same shall be maintained on file in the office of the City Clerk of the City of Lee’s Summit, Missouri where the same shall be open for inspection and copying.

SECTION 7. That amendments to the Charter of the City of Lee’s Summit, Missouri approved by the voters of the City at the April 4, 2017 election, shall become effective at the first meeting of the City Council after certification of the election results except as provided herein below.

SECTION 8. That any and all amendments to Article IV of the Charter of the City of Lee’s Summit, Missouri if approved by the voters of the City at the April 4, 2017 election, shall not become effective during the current term of the Mayor in office as of the date of this Ordinance.

SECTION 9.

That the amendments to section 3.13. Legislative Proceedings., of the Page 71

BILL NO.

DRAFT

ORDINANCE NO.

Charter of the City of Lee’s Summit, Missouri if approved by the voters of the City at the April 4, 2017 election shall become effective on July 1, 2017.

SECTION 10. That this ordinance shall be in full force and effect from and after the date of its passage and approval.

PASSED by the City Council of the City of Lee’s Summit, Missouri, this ________ day of __________________________, 2016.

____________________________________ Mayor Randall L. Rhoads ATTEST: _________________________________ City Clerk Denise R. Chisum

APPROVED by the Mayor of said city this ____ day of _______________, 2016.

____________________________________ Mayor Randall L. Rhoads ATTEST: ______________________________ City Clerk Denise R. Chisum

APPROVED AS TO FORM: ______________________________ City Attorney Brian W. Head

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TUESDAY, APRIL 4, 2017 NOTICE OF ELECTION CITY OF LEE’S SUMMIT, MISSOURI Notice is hereby given to the qualified voters of the City of Lee’s Summit, Missouri, that the City Council of the city has called an election to be held in the city on Tuesday, April 17, 2017, commencing at 6:00 a.m. and closing at 7:00 p.m., on the questions contained in the following sample ballot:

OFFICIAL BALLOT ELECTION CITY OF LEE’S SUMMIT, MISSOURI TUESDAY, April 4, 2017

QUESTION NO. 1 Shall the preamble of the City Charter for the City of Lee’s Summit, Missouri, be amended to read as follows: “We, the People of Lee’s Summit, Missouri, in order to secure the benefits and advantages of constitutional home rule under the Missouri Constitution do affirm our commitment to self-governance and aspire to create an economically vital community committed to equal opportunity, citizen participation, diversity and to promote a high quality of life where families and businesses thrive and hereby establish this Charter for the better government of our city”?

YES NO INSTRUCTIONS TO VOTERS: If you are in favor of the question, place an X in the box opposite "YES." If you are opposed to the question, place an X in the box opposite "NO."

QUESTION NO. 2 Shall the Charter of the City of Lee’s Summit, Article III., City Council., be amended in various sections to: clarify the term “qualified voter”, to require that a member of the City Council remain a qualified voter of his or her district during his or her term of office, to provide that the Mayor of the City shall appoint the Mayor Pro Tempore instead of the City Council, prohibit a Councilmember from holding any other elected public office or incompatible public office, clarify the qualifications for appointment to the City Council in the event of a vacancy, require seven days to lapse between introduction and final passage of any ordinance, require copies of proposed ordinances to be made available in the City Clerk’s office and the City web site, clarify the procedure for approval of an emergency ordinance and limiting the use of the emergency ordinance procedure to certain types of ordinances?

Page 73

YES NO INSTRUCTIONS TO VOTERS: If you are in favor of the question, place an X in the box opposite "YES." If you are opposed to the question, place an X in the box opposite "NO."

QUESTION NO. 3 Shall the Charter of the City of Lee’s Summit be amended to include a new Section 3.15., Charter Violation and Ethics Code., requiring the adoption of an ethics code by the City Council, and allowing sanctions to be imposed upon a City Councilmember only upon a 2/3rds vote of the entire Council including the Mayor?

YES NO INSTRUCTIONS TO VOTERS: If you are in favor of the question, place an X in the box opposite "YES." If you are opposed to the question, place an X in the box opposite "NO."

QUESTION NO. 4 Shall the Charter of the City of Lee’s Summit, Article IV., Mayor., be amended in multiple sections to: require the Mayor to vote on all ordinances, remove the Mayor’s power to veto ordinances and resolutions, set a time when the Mayor shall appoint members to certain boards and commissions, prohibit the Mayor from holding any other elected public office or incompatible public office, provide for discipline by the City Council in the event he or she is found to have violated certain provisions of the Charter; and, to further amend Article III., City Council., Sections 3.4 and 3.13 to remove references to veto and Mayoral tie-breaking to be consistent with Article IV., Mayor?

YES NO INSTRUCTIONS TO VOTERS: If you are in favor of the question, place an X in the box opposite "YES." If you are opposed to the question, place an X in the box opposite "NO."

QUESTION NO. 5 Shall the Charter of the City of Lee’s Summit, Section 6.2., Personnel System., be amended to require all appointments and promotions of City Employees and Officers be made solely on the basis of merit and further clarifying that any personnel code shall authorize the City Manager to promulgate certain personnel rules?

YES NO Page 74

INSTRUCTIONS TO VOTERS: If you are in favor of the question, place an X in the box opposite "YES." If you are opposed to the question, place an X in the box opposite "NO."

QUESTION NO. 6 Shall the Charter of the City of Lee’s Summit, Section 7.3., Court Administration., be amended to enact a new provision requiring the Court Administrator to discharge his or her duties under the direction and control of the City Manager, and remove a provision that authorizes the Municipal Judges to suspend, remove and evaluate the performance of the Court Administrator?

YES NO INSTRUCTIONS TO VOTERS: If you are in favor of the question, place an X in the box opposite "YES." If you are opposed to the question, place an X in the box opposite "NO."

QUESTION NO. 7 Shall the Charter of the City of Lee’s Summit, Section 9.3., Determination of Election Results., be amended to require canvassing of election returns at the next regularly scheduled meeting of the City Council following receipt of the certification of election returns?

YES NO INSTRUCTIONS TO VOTERS: If you are in favor of the question, place an X in the box opposite "YES." If you are opposed to the question, place an X in the box opposite "NO."

QUESTION NO. 8 Shall the Charter of the City of Lee’s Summit, Article X., Initiative, Referendum and Recall., be amended in multiple sections to clarify the initiative, referendum and recall processes and specifically the authority of voters to adopt or reject a proposed ordinance through an initiative procedure, clarify the authority of voters to adopt or reject certain ordinances approved by the City Council through the referendum process, provide additional operational guidance for a petitioners committee, specify the content of a petition, specify the qualifications to be a petition circulator, provide certain time limits, and specify when the City Council must act following receipt and certification of a sufficient petition?

YES NO INSTRUCTIONS TO VOTERS: If you are in favor of the question, place an X in the box opposite "YES." If you are opposed to the question, place an X in the box opposite "NO." Page 75

QUESTION NO. 9 Shall the Charter of the City of Lee’s Summit, Article XI., Financial Procedures., be amended in multiple sections to require that the budget of the City provide a complete financial plan for all City funds and activities and to allow that the city may utilize newspapers of general circulation in the City or other means provided by law to provide certain public notices related to the budget and summary of receipts and expenditures?

YES NO INSTRUCTIONS TO VOTERS: If you are in favor of the question, place an X in the box opposite "YES." If you are opposed to the question, place an X in the box opposite "NO."

QUESTION NO. 10 Shall the Charter of the City of Lee’s Summit, Article XII., Franchises., be amended in multiple sections to allow for use of the right-of-way consistent with applicable state and federal law?

YES NO INSTRUCTIONS TO VOTERS: If you are in favor of the question, place an X in the box opposite "YES." If you are opposed to the question, place an X in the box opposite "NO."

QUESTION NO. 11 Shall the Charter of the City of Lee’s Summit, Section 14.7, Charter Amendment., be amended to clarify when an election related to charter amendments proposed by the City Council, Charter Review Commission, or a citizen petition be submitted to the voters?

YES NO INSTRUCTIONS TO VOTERS: If you are in favor of the question, place an X in the box opposite "YES." If you are opposed to the question, place an X in the box opposite "NO."

QUESTION NO. 12 Shall the Charter of the City of Lee’s Summit be amended by deleting Articles XV., Transitional Provisions., XVI., Schedule., and XVII., Transitional Provisions for Charter Amendments Approved by the Voters on November 6, 2007, in their entirety and by amending Sections 3.2(c), 4.2(b) and 7.2(a) to clarify certain language and to remove references to Article XVI?

Page 76

YES NO INSTRUCTIONS TO VOTERS: If you are in favor of the question, place an X in the box opposite "YES." If you are opposed to the question, place an X in the box opposite "NO."

A full and complete copy of Ordinance No. ___________, submitting the above questions to the electorate, including a full and complete copy of the proposed amendments to the City Charter, is on file in the office of the City Clerk of the City of Lee’s Summit, Missouri where the same is open for inspection and copying.

The election will be held at the following polling places in the City: PRECINCT

POLLING PLACE

____________________

____________________

____________________

____________________

DATED: _______________, 20___. ___________________________________ Board of Election Commissioners of Jackson County, Missouri

___________________________________ Cass County Clerk

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