RESOLUTION 99-1127

A RESOLUTION ESTABLISHING POLICIES FOR THE CREATION AND OPERATION OF BOARDS, COMMISSIONS, COMMITTEES AND TASK FORCES OF THE CITY COUNCIL; REPEALING RESOLUTION 91-1126.

BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF OLATHE, KANSAS:

SECTION ONE: Definitions. For the purposes of this Resolution, the following words are defined and shall have the meaning ascribed to them in this section, unless the context clearly indicates a different meaning:

(A) "Appointive Body." A term of art in this Resolution used to describe all manner of appointive bodies created by the City Council, including, but not limited to, boards, commissions, authorities, committees and task forces.

(B) "Boards, Commissions, Committees, and Authorities." A body of members created by ordinance to serve in a continuing capacity to the City Council having advisory (examples include: Parks and Recreation Advisory Board, Planning Commission), supervisory (Library Board, Housing Authority), investigatory (Human Relations Commission), or decision making (Planning Commission) powers and authority. These bodies may also be established through a grant of statutory authority from the State of Kansas (Planning Commission, Library Board).

(C) "City Manager." The City Manager of the City of Olathe, Kansas.

(D) "Committees". A body of members created by ordinance to advise the City Council on particular matters (Audit Committee, Cable Television Advisory Committee, Citizens Police Advisory Council, Community Image Committee). Such bodies have little or limited decision making authority.

(E) "Governing Body, City Council or Council". The City Council of the City of Olathe, Kansas.

(F) "Task Force". A body of members created by resolution to advise the City Council on some specific matter and having a time period to fulfill its appointed tasks.

 

SECTION TWO: Creation.

(A) The City Council may create appointive bodies to assist in the conduct of the operation of the City government with such duties as the Governing Body may specify not inconsistent with State statute, Charter Ordinance No. 28, as amended, or the Municipal Code.

(B) When creating an advisory body, the Governing Body shall clearly define the mission of the advisory body in the creation ordinance or resolution.

(C) Any advisory body so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Council.

(D) No advisory body so appointed shall have powers other than advisory to the Council, except as otherwise specified by the creation ordinance or resolution.

 

SECTION THREE: Appointments.

(A) The Mayor is charged with the responsibility of recommending people to serve on advisory bodies, subject to ratification by the Governing Body.

(B) Preferred candidates for appointment should be residents of Olathe, or be otherwise connected to the community in terms of property ownership, business affairs, or by offering a unique and necessary expertise.

(C) The general public shall be notified of openings on all advisory bodies. Appointments to these advisory bodies shall be based upon applications filed in the City Manager's Office, which shall be kept for a period of one calendar year. Members of the public are encouraged to pick up public service applications from the City Manager's Office, complete the application, and return it to the City Manager's Office.

(D) Applicants are encouraged to attend at least one meeting of the advisory body the applicant is applying for before submitting their application in order to understand the mission of the body and the time commitments involved.

(E) The Governing Body will receive written notification, including a copy of the Public Service Application, from the Mayor of the proposed appointment at least seven (7) days prior to the consideration of the appointment at a regular Council meeting.

(F) After selection to an advisory body, the new member shall be given a certificate of appointment and a "New Members Handbook." The Handbook shall contain information designed to help the new member understand his role, duties and responsibilities on the body. The information shall include, but be not limited to the following:

(1) A list of all members of the advisory body, the Governing Body, the City Manager and staff liaison, including names, addresses, e-mail addresses and phone numbers;

(2) The mission statement and function of the body;

(3) Open meeting information and guidelines;

(4) Current work plan of the body;

(5) Past accomplishments of the body;

(6) Rules and by-laws of the body;

(7) Conflict of interest information; and

(8) A copy of this Resolution.

 

SECTION FOUR: Operation and Procedure.

(A) Upon creation of the advisory body, the body shall appoint or elect one of its members as chairman, one as vice chairman and one as secretary. The secretary may be a City employee.

(B) In January of each year, every board, commission, committee and authority shall appoint or elect a chair, vice chair and secretary who will serve for a one-year term. The secretary may be a City employee. No one elected chairman shall serve more than two consecutive terms without a one-term break. Task forces will not be required to reappoint or elect officers unless the term of the task force will exceed one year.

(C) Unless otherwise specified in the creation ordinance or resolution, a majority of the advisory body shall constitute a quorum for the transaction of business.

(D) Advisory bodies may make and establish such reasonable rules and by-laws, rules and regulations as may be necessary for their own government and for the full and complete execution of their duties and responsibilities.

(E) Unless otherwise specified by State statute or City ordinance, advisory bodies shall be subject to the Kansas Open Meetings Law and to the Kansas Open Records Act.

(F) Except for the Library Board, the City Manager shall assign a City employee as staff liaison with each advisory body. The Manager shall also provide opportunities for each staff liaison and advisory body chair to attend facilitator training.

(G) The City Manager and City Council shall include funds in the City budget for appropriate expenses as necessary to carry out the mission of the advisory bodies. All proposed expenditures shall be approved before being made. Expenses of $1,000 or less may be pre-approved by the City Manager. Expenses over $1,000 shall be pre-approved by the Governing Body.

(H) Each board, commission, authority and committee shall submit by October 30th of each year to the City Manager's office for delivery to the City Council, a written work plan, a report on activities for the preceding year and a report on attendance of members. Task forces are not required to submit such report, unless the term of the task force exceeds two years, since a report is required to be filed with the Council at the end of the task force's project.

(I) By December 31st of each year, the City Manager shall file a report and recommendation on the continuing need for each advisory body.

(J) Each spring the City Manager shall plan and produce an annual appreciation celebration for volunteers and invite all members of appointive bodies to the celebration.

(K) At the end of each advisory body's member's term of service, an appropriate public service award shall be given to the member.

 

SECTION FIVE: Vacancies and Removal.

(A) Vacancies occurring before the expiration of term shall be filled by appointment by the Mayor with the consent of the remaining members of the Governing Body for the remainder of the unexpired term.

(B) Removal. A majority of the Governing Body may remove any appointed advisory board member at any time for good and sufficient cause. Cause shall include, but be not limited to, violations of the conflict of interest policy of the City; any violation of any applicable law, regulation or policy; neglect of duty; and failure to comply with the appointive body attendance policy.

(C) Attendance Policy. A member of a board, commission, committee or authority violates the City's advisory board attendance policy if the member receives notice of meetings and without excuse misses three (3) consecutive meetings or attends fewer than two-thirds (2/3) of the regular or special meetings of the advisory body which they serve within the twelve (12) month period following the member's appointment, or an anniversary date thereof.

A member of a task force violates the City's advisory board attendance policy if the member receives notice of meetings and without excuse misses three (3) consecutive meetings.

The board, commission, committee or authority shall be responsible for keeping track of attendance and making a yearly report on attendance to the City Council by October 30th of each year. The task force shall be responsible for keeping attendance. In computing attendance, the standard shall be in absolute meetings held as the denominator and meetings attended as the numerator.

"Excuse" shall mean more than inconvenience and includes illness and family emergency. Business commitments shall not be a good excuse.

The Public Service Application Form shall contain an acknowledgment that the applicant has read and understood the attendance policy.

 

SECTION SIX: Terms of Office.

(A) The term of office for advisory bodies shall be as set by State statute or the creation ordinance or resolution.

(B) Generally, terms shall be four (4) years in length, unless otherwise specified by State statute or the creation ordinance or resolution.

(C) Terms of office for boards, commissions, committees and authorities shall be staggered to provide continuity. Task force membership is not required to be staggered.

(D) When a member of an advisory body has served for a period of eight consecutive years on one particular body, that member generally will not be eligible for reappointment until the member has vacated the position for one full term.

A body member may be reappointed beyond the eight-year limit under exception circumstances. Exception circumstances include, but is not limited to, the incumbent's special expertise; the need to preserve continuity on the board, commission, committee or authority; or a lack of other qualified applicants.

(E) A person may serve on more than one advisory body concurrently, provided there is no incompatibility of offices and that meeting times do not conflict.

(F) No member of any board, commission, committee, or authority shall be allowed to hold over for more than sixty (60) days beyond the term of office fixed by the creation ordinance whether or not a successor has been appointed; provided, however, the Council may extend the term for periods of ninety (90) days upon majority vote of the Council.

 

SECTION SEVEN: Amendment of Policies. These policies may be amended, or new policies adopted, by a majority vote of all members of the City Council.

 

SECTION EIGHT: Resolution No. 91-1126 is hereby repealed.

 

SECTION NINE: This Resolution shall take effect immediately.

 

ADOPTED by the Governing Body this ______ day of ___________, 1999.

SIGNED by the Mayor this _______ day of ______________, 1999.

________________________________

Mayor

ATTEST:

__________________________

 

City Clerk

 

(SEAL)

APPROVED AS TO FORM:

 

__________________________

 

Municipal Counsel