A CHARTER ORDINANCE EXEMPTING THE CITY OF PARK CITY, KANSAS, FROM CERTAIN OF THE PROVISIONS OF K.S.A. 14-201, AS THEY RELATE TO THE POWER OF APPOINTMENT OF THE CITY CLERK, CHIEF OF POLICE, AND WITH REGARD TO ABOLISHING THE LIMITATION ON THE TERM TO BE SERVED BY SAID APPOINTEES, AND FURTHER EXEMPTING THE CITY FROM CERTAIN OF THE PROVISIONS OF K.S.A. 14-301, REGARDING PROVISIONS FOR THE EXERCISE OF SUPERINTENDING CONTROL, TO INCLUDE THE  TERMINATION OF SAID APPOINTEES, HOLDING THE OFFICES OF CITY CLERK, CHIEF OF POLICE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF PARK CITY, KANSAS, AS FOLLOWS:

SECTION 1.          The City of Park City, Kansas, a City of the Second Class, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 14-201 as they relate to the mechanism by which there are appointed persons to serve the city in the positions of City Clerk, and Chief of Police, and as it limits the term of office of said appointees.  By the same authority, the City of Park City, Kansas, further elects to exempt itself from and make inapplicable to it certain of the provisions of K.S.A. 14-301, specifically those provisions that place the authority for exercising ultimate superintending control of the City Clerk and Chief of Police.

SECTION 2.          Selection of and appointment of City Clerk, and Chief of Police.  The hiring of these two (2) officers shall be made by majority vote of the City Council not later than twenty-one (21) days from the last date of service of the then incumbent officer filling any of the said respective offices described herein.  A selection committee, as selected in an open session by majority vote of the City Council, shall solicit applications, conduct interviews, and otherwise identify potential candidates to serve the vacant positions.  The selection committee shall identify to the Council not more than three (3) persons said committee would recommend as qualified candidate(s) for the available office(s), and may at the option of the selection committee recommend as highly qualified not more than one individual.  The whole Council shall, at its next regularly scheduled meeting, consider the recommendations of the selection committee, and may either approve said recommendation if one has been made, disapprove said recommendation if one has been made, or by majority vote approve another candidate identified by the selection committee as being qualified.  If the Council cannot by majority vote approve a candidate identified as qualified by the selection committee, or if the Council desires to table the selection until the next regularly scheduled Council meeting, it may do so.  However, not later than the next regularly scheduled Council meeting, the Council shall select by majority vote the candidate to serve in the vacant office at issue.  If the Council is unable to arrive at a majority decision in the selection of said officer at that meeting, then at the next regularly scheduled meeting of the Council the Mayor shall appoint a candidate to the office in question, subject to approval by a majority of the Council.

SECTION 3.          The term of office for the offices identified hereinabove shall be indeterminate.  The rate of compensation shall be established and approved by ordinance as otherwise required by State law.

SECTION 4.          The termination from office of one of the persons serving in one of the offices described hereinabove shall only be for cause, and pursuant to the Personnel Manual of the City of Park City.  The Mayor, or authorized designee, shall serve as the immediate supervisor of said officer, and only upon the recommendation of the Mayor may the Council, in executive session, consider the merits of the recommendation to remove said officer, upon which the Council may only act to approve such recommendation of removal in open session upon a majority vote, with the Mayor having the authority to vote only as otherwise authorized under the laws of this state as the Mayor would vote in the instance of approval or disapproval of an ordinance.

SECTION 5.          That all other provisions of the laws of the State of Kansas as they affect these offices in this city shall remain in full force and effect if not modified, repealed, or abridged by the language set forth hereinabove.

SECTION 6.          The Mayor, or authorized designee, shall perform evaluations of the performance of the officers described hereinabove in the same or similar manner as the City currently requires with regard to its other employees.  The officer concerned described hereinabove may appeal an evaluation with which the employee takes issue to the City Council which may consider the same in executive session, and upon majority vote, may modify, delete, or abridge any aspect of the evaluation.  Such evaluations shall occur not less regularly than annually, and may occur as frequently as may be agreed upon by and between the officer concerned and the Mayor.

SECTION 7.          The City would anticipate the application of its City Personnel Manual for application to the officers identified hereinabove to the same extent the same applies to the other employees of the City to the extent the same is not at conflict with the language otherwise set forth hereinabove.

(02-08-2000; Amended by C.O. No. 27-2007)