Article II
ADMINISTRATION (HOME RULE CHARTER)
Sections:
Division 1. Form of Government – Powers
Sec. A2-1. Statutes made inapplicable.
Sec. A2-2. Name, boundaries.
Sec. A2-3. General powers.
Sec. A2-4. Form of government.
Sec. A2-5. Succession to rights and liabilities.
Sec. A2-6. Powers of city.
Secs. A2-7 –
A2-20. Reserved.
Division 2. City Council and Mayor
Sec. A2-21. Composition and eligibility.
Sec. A2-22. Election and terms.
Sec. A2-23. Council districts.
Sec. A2-24. Mayor – Functions, powers and duties.
Sec. A2-25. Powers of the governing body.
Sec. A2-25.5. Powers of the City Council.
Sec. A2-26. Organization of council.
Sec. A2-27. Compensation – Expenses.
Sec. A2-28. Prohibitions.
Sec. A2-29. Vacancies – Forfeiture of office – Filling of vacancies.
Sec. A2-30. Council rules of procedure.
Secs. A2-31 –
A2-40. Reserved.
Division 3. City Officers
Sec. A2-41. Designation as officers.
Secs. A2-42 –
A2-50. Reserved.
Division 4. City Manager
Sec. A2-51. Appointment.
Sec. A2-52. Acting City Manager.
Sec. A2-53. Compensation and tenure.
Sec. A2-54. Powers of appointment and removal.
Sec. A2-55. Duties.
Secs. A2-56 –
A2-70. Reserved.
Division 5. Administrative Organization
Sec. A2-71. Administrative organization authorized.
Sec. A2-72. Boards and commissions.
Secs. A2-73 –
A2-80. Reserved.
Division 6. Transition Provisions
Sec. A2-81. Interim governing body.
Sec. A2-82. Transition to new form.
Sec. A2-83. Schedule of implementation.
Sec. A2-84. Preservation of existing offices.
Sec. A2-85. Preservation of civil service commission.
Sec. A2-86. Preservation of rights and privileges.
Sec. A2-87. Ordinances to remain in effect.
Sec. A2-88. Pending actions and proceedings.
Sec. A2-89. Continuation of contracts, public improvements, and taxes.
Editor’s Note: Charter Ord. 94, § 35, adopted July 20, 2004, effective April 12, 2005, repealed art. II, divs. 1 – 4, §§ A2-1 – A2-3, A2-16 – A2-25, A2-31 – A2-33, A2-41 – A2-49, in its entirety. Sections 1 – 33 of said ord. have been included as a new art. II to read as herein set out. Formerly, said article pertained to similar subject matters. See the Charter Comparative Table for a detailed analysis of inclusion.
Cross References: Administration, TMC Title 2.
Division 1. Form of Government – Powers
Sec. A2-1. Statutes made inapplicable.
The City of Topeka, Kansas, by the power vested in it by article 12, section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-3002, 12-3003, 13-103, 13-502, 13-506 through 13-516, 13-518, 13-527, 13-907, 13-1011, 13-1013, 13-1410, 25-2107, 25-2108a, 25-2110, 25-2110a, and 25-2117, and provide substitute and additional provisions as hereinafter set forth in this Charter Ordinance. Such referenced provisions are either enactments or a part thereof which are applicable to this city but are not applicable uniformly to all cities. (C.O. 102 § 1, 10-26-10; C.O. 100 § 1, 8-25-09.)
Sec. A2-2. Name, boundaries.
The citizens of Topeka, in the County of Shawnee, State of Kansas, within the boundaries of the municipal corporation as now established and heretofore existing under the name of Topeka, or as hereafter established in the manner provided by law, shall continue to constitute a body corporate and politic in perpetual succession, under the name of the City of Topeka, as a home-rule municipal corporation under Article 12, § 5, of the Constitution of the State of Kansas. (C.O. 94 § 2, 7-20-04.)
Sec. A2-3. General powers.
The city shall have the right and power to make and enforce all laws and regulations in respect to municipal affairs, subject only to the restrictions and limitations provided in this Charter Ordinance; provided, that nothing herein shall be construed to prevent or restrict the city from exercising or consenting to, and the city is hereby authorized to exercise, any and all rights, powers and privileges heretofore or hereafter granted or prescribed by the general laws of the state including those specifically applicable to cities of the first class; provided, also, that where the general laws of the state provide a procedure for the carrying out and the enforcement of any rights or powers belonging to the city, said procedure shall control and be followed unless a different procedure shall have been provided in the Charter Ordinance or by ordinance.
It is the intention of the people in adopting this charter ordinance to invoke the provisions of Section 5 of Article 12 of the Constitution of the State of Kansas giving cities Home Rule as to municipal affairs. (C.O. 94 § 3, 7-20-04.)
Sec. A2-4. Form of government.
The municipal government provided by this Charter Ordinance shall be known as the “Council-Manager government.” All powers of the City of Topeka shall be exercised in the manner prescribed by this Charter Ordinance or, if the manner be not therein prescribed, then in such manner as may be prescribed by ordinance. (C.O. 94 § 4, 7-20-04.)
Sec. A2-5. Succession to rights and liabilities.
The municipal corporation, the City of Topeka, shall continue to own, possess, and hold all the real and personal property heretofore owned, possessed, or held by the City, and shall continue to manage and dispose of all trusts in connection therewith and succeed to all the rights, benefits, and liabilities of the City. (C.O. 94 § 5, 7-20-04.)
Sec. A2-6. Powers of city.
The City shall have all the powers granted to municipal corporations and to cities by the Constitution and general laws of this state, together with all the implied powers necessary to carry into execution all the powers granted. The enumeration of particular powers by this Charter Ordinance shall not be deemed to be exclusive, and in addition to the powers enumerated or implied, or appropriate to the exercise of such powers, it is intended that the City shall have and may exercise all powers of local self-government which, under the Constitution of this state, it would be competent for this Charter Ordinance specifically to enumerate. (C.O. 94 § 6, 7-20-04.)
Secs. A2-7 – A2-20. Reserved.
Division 2. City Council and Mayor
Sec. A2-21. Composition and eligibility.
(a) Composition. The governing body shall be a ten (10) member body consisting of nine (9) district Councilmembers and one (1) Mayor. The nine (9) district Councilmembers shall be nominated and elected from nine (9) districts of near equal population on a nonpartisan basis. Each council district shall be represented by one (1) district Councilmember. The Mayor shall be nominated and elected at large on a nonpartisan basis.
(b) Residency requirements. The Mayor and each district Councilmember shall be a citizen of the United States, shall be at least eighteen (18) years of age and a qualified elector of Topeka, Kansas, and must reside in the city at the time of filing for election and thereafter for the duration of their terms. District Councilmembers shall be residents of their respective districts at the time of filing for election and thereafter for the duration of their terms. This residency requirement is not violated if a district Councilmember no longer resides in his or her elected district as a result of redistricting. Candidates for Mayor or Councilmember shall disclose any felony conviction at the time of filing for office.
(c) Eligibility. Any person desiring to become a candidate for Mayor or Councilmember shall file with the City Clerk, or such appointive officer as the Council may designate, before the filing deadline a statement of such candidacy on a form furnished by the City Clerk or by such appointive officer as the Council may designate. The City Clerk or other appointive officer receiving any filing under this section shall record the same and transmit it, together with the filing fee or petition herein provided, forthwith to the Shawnee County Election Commission. The fact that a Councilmember may be determined to have lacked any or all qualifications for the office of Councilmember during all or any portion of his or her term of office shall not affect the validity of any action taken by the Council during such Councilmember’s term of office. Each filing for Mayor shall be accompanied by a filing fee of one hundred dollars ($100.00); or, in lieu of such filing fee, by a petition signed by one hundred (100) qualified electors of the city or one (1) percent of the cast votes in the last city general election, whichever is less. Each filing for district Councilmember shall be accompanied by a filing fee of fifty dollars ($50.00); or, in lieu of such filing fee, by a petition signed by fifty (50) qualified electors of the council district.
(d) This section A2-21 of the charter ordinances of the City of Topeka shall only be amended or repealed upon approval by a majority of the electors voting during an election called for such purpose. (C.O. 96 § 1, 5-23-06/8-28-06; C.O. 94 § 7, 7-20-04.)
Sec. A2-22. Election and terms.
(a) Time of primary and general elections. The primary city election for the Mayor and district Councilmembers shall be held on the Tuesday preceding by five (5) weeks the first Tuesday in April of odd numbered years, and the general city election shall be held on the first Tuesday in April of odd numbered years, both elections to be conducted in the manner prescribed in this Charter Ordinance and applicable state law.
(b) Primary elections. In each year in which the term of the Mayor expires, if there are more than two (2) candidates who have filed for the office of Mayor, a primary city election at large shall be held for the nomination of two (2) candidates for the office. Each qualified elector of the city shall be entitled to vote for one (1) candidate. The two (2) candidates receiving the greatest number of votes cast shall be placed on the general city election ballot as the candidates nominated for election as Mayor.
In each year in which the term of a district Councilmember expires, if there are more than two (2) candidates who have filed for the office to be filled, a primary city election shall be held within each such district for the nomination of two (2) candidates from that district. Each qualified elector who is a resident of the district shall be entitled to vote for one (1) candidate from his or her district. The two (2) candidates from each such district receiving the greatest number of votes cast shall be placed on the general city election ballot as the candidates nominated for election from the district.
(c) General elections. In the general city mayoral election all qualified electors of the city shall be entitled to vote on the election of the Mayor. Of the two (2) candidates nominated for the office of Mayor, the candidate receiving the highest number of votes in the general election shall be elected Mayor.
In each year in which the term of a district Councilmember expires, each qualified elector who is a resident of the district shall be entitled to vote in the city general election for the Councilmember from his/her respective district. The candidate receiving the highest number of votes in the general city election of the two (2) candidates nominated from those districts shall be elected as Councilmember from those districts.
(d) Terms of office. The Mayor shall be elected to a four (4) year term. The district Councilmembers shall be elected to staggered four (4) year terms. (C.O. 102 § 2, 10-26-10.)
Sec. A2-23. Council districts.
(a) Number of districts. There shall be nine (9) council districts.
(b) Council districts. The districts from which the City of Topeka Councilmembers shall be nominated shall be based on the ward and precinct descriptions as follows:
|
District Number |
Ward |
Precinct |
|---|---|---|
|
1 |
2 |
11 |
|
3 |
1, 2, 3, 4, 5, 6, 8, 9, 10 |
|
|
7 |
1, 2, 3, 7, 8 |
|
|
2 |
1 |
1, 2, 3, 4, 5, 6, 7, 96 |
|
2 |
1, 2, 3, 4, 5, 9, 10 |
|
|
3 |
2 |
6, 7, 8 |
|
4 |
1, 2, 3, 4, 5, 6, 10, 11, 12, 13 |
|
|
6 |
1 |
|
|
4 |
4 |
7, 8, 9 |
|
5 |
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 91 |
|
|
5 |
6 |
2, 3, 4, 5, 6, 7, 8, 9, 10 |
|
9 |
4, 5, 6, 9, 10, 11 |
|
|
12 |
12 |
|
|
6 |
3 |
7 |
|
8 |
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 |
|
|
9 |
1, 2, 3 |
|
|
10 |
8 |
|
|
7 |
9 |
8 |
|
11 |
9, 10 |
|
|
12 |
4, 5, 6, 7, 8, 9, 10, 11, 16, 17, 60, 70 |
|
|
13 |
1, 4, 6, 7 |
|
|
8 |
11 |
1, 3, 4, 5, 6, 7, 8 |
|
12 |
1, 2, 3, 13, 14, 15, 41 |
|
|
13 |
2, 3, 5, 21, 22, 30 |
|
|
9 |
7 |
4, 5, 6, 9, 10, 11 |
|
10 |
1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12 |
|
|
11 |
2 |
|
|
12 |
19, 81, 91 |
(c) Revision of boundary lines. In July of 2012 and in July of every tenth year thereafter, the Council shall appoint a Commission of Electors of the city who shall examine the plan of districts and shall, by September 30 of each such year, recommend to the Council such revisions in the boundary lines of the nine (9) districts so as to meet the requirements stated below in subsection (d) of this section. On or prior to December 31 of each such year, the Council by ordinary ordinance shall reestablish such district boundaries as recommended by the Commission of Electors or shall reject in whole or in part the recommendations of the Commission of Electors and reestablish the boundaries as it sees fit so as to meet the requirements stated below in subsection (d). The Council shall certify the boundaries so reestablished to the Election Commissioner of Shawnee County. The Commission appointed to recommend revisions to district lines in 2012 and subsequent Commissions shall have at least one (1) elector from each district. The Council may, by ordinary ordinance, establish specific Commission procedure and membership requirements consistent with the general policies established by this Charter Ordinance.
Any territory hereafter annexed to or consolidated with the City of Topeka, Kansas, shall at the time of such annexation or consolidation be added to an adjacent district or districts by an ordinance of the Council; provided, that if any territory annexed or consolidated prior to June 1 of the year preceding a city election shall contain population sufficient in number to upset the approximate equality of the established districts, the Council shall provide for redistricting the city in accord with the procedures described in this section.
(d) Requirements for reestablishing district boundary lines. The boundary lines for District 1 through District 9 from which districts Councilmembers shall be elected shall be reestablished by the Commission of Electors and the Council so as to:
(1) Contain within each district a population which to the greatest extent feasible is equal to one-ninth (1/9) of the total population of the city, but which under no circumstances shall be greater or less than one-ninth (1/9) of the total population of the city by more than two and one-half (2.5) percent based on the most recent U. S. decennial or State of Kansas census;
(2) Maintain a reasonably compact area in each district and avoid when possible any noncontiguous zones or any unusually exaggerated extension of district lines;
(3) Follow election precinct lines as established by the Shawnee County Election Commissioner and be described in terms of the wards and precincts contained in each district;
(4) Avoid use of number of registered voters by party or other partisan data;
(5) Maintain, as much as possible, the integrity of broadly cohesive areas of interest;
(6) Avoid boundary lines that result in a Councilmember residing outside his or her elected district during the Councilmember’s current term of office. (C.O. 94 § 9, 7-20-04.)
Sec. A2-24. Mayor – Functions, powers and duties.
(a) The Mayor shall be the chief elected officer of the city, responsible for providing leadership and taking issues to the people and marshalling public interest in and support for municipal activity. The Mayor shall have the following powers, duties, and responsibilities:
The Mayor shall:
(i) Recommend to the Council such measures and legislation as he or she deems necessary and to make such other recommendations to the Council concerning the affairs of the city as he or she finds desirable, but shall not have a vote on any matter before the governing body, except charter ordinances, on any legislation for which state law requires adoption by a majority or such greater vote of the governing body, or as otherwise specifically provided by charter ordinance of the City of Topeka.
(ii) Encourage programs for the physical, economic, social, and cultural development of the city.
(iii) Actively promote economic development to broaden and strengthen the commercial and employment base of the city.
(iv) Serve as ceremonial head of the city.
(v) Represent the city in intergovernmental relations as directed by the Council.
(vi) Provide community leadership.
(vii) Preside as Chair of Council meetings.
(viii) Have no administrative powers.
(ix) Have general veto power on all council legislation and “line item” veto in all matters of appropriation ordinances, but shall not have authority to veto charter ordinances or any legislation on which the mayor is entitled to vote.
(b) This section A2-24 of the charter ordinances of the City of Topeka shall only be amended or repealed upon approval by a majority of the electors voting during an election called for such purpose. (C.O. 98 § 2, 2-24-09; C.O. 96 § 2, 5-23-06/8-28-06; C.O. 94 § 10, 7-20-04.)
Sec. A2-25. Powers of the governing body.
(a) The Council and Mayor shall be the governing body of the city. It shall exercise the corporate powers of the city and, subject to the expressed limitations of this Charter Ordinance, it shall be vested with all powers of legislation in municipal affairs adequate to provide a complete system of local government consistent with the Constitution of the State of Kansas. It shall have no administrative powers.
(b) This section A2-25 of the charter ordinances of the City of Topeka shall only be amended or repealed upon approval by a majority of the electors voting during an election called for such purpose. (C.O. 96 § 3, 5-23-06/8-28-06; C.O. 94 § 11, 7-20-04.)
Sec. A2-25.5. Powers of the City Council.
In addition to any other grant of authority under the Constitution of the State of Kansas, applicable state law, or Charter Ordinance No. 94, as amended, the Council shall have the following duties, powers and responsibilities including, but without limitation thereto:
The ability to override a mayoral veto of any council legislation whether by resolution or ordinance by a two-thirds (2/3) vote of the entire council, that number being six (6). (C.O. 98 § 3, 2-24-09.)
Sec. A2-26. Organization of council.
At its first regular meeting after a city election, the Council shall:
(1) Establish by ordinary ordinance a regular schedule of meeting times and dates for the next two (2) years. Such schedule shall provide for no fewer than two (2) meetings each month.
(2) Elect a Deputy Mayor from among its members to serve a one (1) year term. At the first regular Council meeting in April of the succeeding year, the Council shall elect from among its members a deputy mayor to serve for the second year. This term shall also be for one (1) year. The Deputy Mayor shall serve in the absence or temporary disability of the Mayor. (C.O. 94 § 12, 7-20-04.)
Sec. A2-27. Compensation – Expenses.
(a) At the first regular meeting of the Council following voter approval of this Charter Ordinance, the Council shall establish the annual compensation of the Councilmembers and Mayor. The annual compensation of the district Councilmembers shall not thereafter be increased or decreased except by ordinary ordinance, provided such ordinance is considered no more than once every four (4) years thereafter following voter approval of this Charter Ordinance.
(b) The Mayor and district Councilmembers shall receive payment of their actual and necessary expenses incurred in the performance of the duties of their office in such form and manner as the Council may authorize. (C.O. 94 § 13, 7-20-04.)
Sec. A2-28. Prohibitions.
(a) Holding other office. Except as authorized by law, no Councilmember nor Mayor shall hold any other elected public office while serving the term for which the member was elected to the Council. No Councilmember nor Mayor shall hold any other city office or employment during the term for which the member was elected to the Council. No former Councilmember nor Mayor shall hold any compensated appointive city office or employment with the city until one (1) year after the expiration of the term for which the member was elected to the Council. For purposes of this section, the phrase “compensated appointive city office or employment” does not include the offices of district Councilmember or Mayor.
Nothing in this section shall be construed to prohibit the Council from selecting any current or former Councilmembers or the Mayor to represent the city on the governing board of any regional or other intergovernmental agency.
(b) Appointments and removals. Neither the Mayor nor individual Councilmembers shall in any manner direct, supervise, or require the appointment, promotion, transfer, assignment, demotion, discipline, layoff, suspension, discharge, or removal of any officers or employees whom the City Manager or any of his or her subordinates are empowered to appoint. The Mayor and Councilmembers may, of course, express their views and fully and freely discuss with the City Manager anything pertaining to appointment, demotion, transfer, assignment, suspension, discharge, and removal of such appointive officers and employees.
(c) Council inquiries. Except for the purpose of inquiries and investigations authorized by the Council, the Mayor and individual district Councilmembers shall deal with appointive officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager. Neither the Mayor nor individual district Councilmembers shall give orders to any such appointive officer or employee, either publicly or privately, but may request basic information necessary for Council work. (C.O. 94 § 14, 7-20-04.)
Sec. A2-29. Vacancies – Forfeiture of office – Filling of vacancies.
(a) Vacancies. The office of district Councilmember or Mayor shall become vacant upon death, resignation, recall, removal from office in any manner authorized by law, failure of the electorate to elect an officeholder as provided for in Article II herein, or by forfeiture of office pursuant to K.S.A. 60-1205, as it may be amended.
(b) Forfeiture of office. A district Councilmember or Mayor shall ipso facto forfeit his or her office if he or she at any time during the term of office lacks any qualification for the office prescribed by this Charter Ordinance or other applicable law, or if he or she violates any other provision of this Charter Ordinance. A forfeiture does not occur if a district Councilmember no longer resides in his or her elected district as a result of redistricting.
(c) Filling of vacancies. A vacancy in the offices of Mayor or district Councilmember shall be filled by appointment of an elector qualified to fill the vacant position by a majority vote of the remaining members of the governing body, including the Mayor. If such vacancy occurs before January 1 of an odd numbered year leaving an unexpired term of more than one (1) year, such unexpired term shall be filled at the next regular city primary and general election in the same manner as if the term were expiring and the term of the appointed member shall end upon election of a member for the unexpired term. (C.O. 96 § 4, 5-23-06/8-28-06; C.O. 94 § 15, 7-20-04.)
Sec. A2-30. Council rules of procedure.
(a) Meetings. The Council shall meet regularly at least twice in every month at times and places as the Council may prescribe by ordinary ordinance. Special meetings may be held on the call of the Mayor or of four (4) or more district Councilmembers in the manner prescribed by rules of the Council.
(b) Rules and journal. The Council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings.
(c) Voting. Five (5) members of the Council shall constitute a quorum. All actions by the Council shall be taken by the affirmative vote of five (5) or more members of the Council, unless a greater or lesser number of votes is required by this Charter Ordinance, by the Statutes of Kansas, or by the Constitution of Kansas. The votes of all Councilmembers shall be recorded in the journal.
(d) Form. Proposed ordinary ordinances and resolutions shall be introduced in the Council only in written or printed form. No ordinary ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause of all ordinary ordinances shall be: “Be it Ordained by the Council of the City of Topeka, Kansas:”. Any ordinary ordinance which repeals or amends an existing ordinary ordinance or part of the Code of Ordinances of the city shall set out in full the sections or subsections to be repealed or amended, and shall indicate matter to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matter by underscoring or by italics.
(e) Procedure. Except in the case of emergency ordinances, and except where Kansas Statutes or other applicable law provide a different procedure for passage of ordinances for a specific purpose, every proposed ordinary ordinance shall be read by title in open Council meeting two (2) times before final passage, and at least one (1) week shall elapse between introduction and final passage. A copy of each proposed ordinary ordinance shall be provided for each district Councilmember and the Mayor at the time of its introduction, and at least three (3) copies shall be provided for public inspection in the office of the City Clerk or such other city officer as the Council may designate until it is finally adopted or fails of adoption. Persons interested in a proposed ordinary ordinance shall be given an opportunity to be heard before the Council in accordance with such rules and regulations as the Council may adopt. If the Council adopts an amendment to a proposed ordinary ordinance which constitutes a change in substance, the proposed ordinary ordinance as amended shall be placed on file for public inspection in the office of the City Clerk or such other appointive officer as the Council may designate for one (1) additional week before final passage.
(f) Emergency ordinances. An ordinary 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. Neither an ordinance granting, reviewing, or extending a franchise, nor a Charter Ordinance, shall be passed as an emergency ordinance.
(g) Publication. The City Clerk or such other city officer as the Council may designate shall cause all ordinary ordinances, including but not limited to emergency ordinances, as soon as practicable after they have been passed and signed, to be published once in the official city newspaper, unless Kansas Statutes or other applicable law require more publications.
(h) Effective date. Except in the case of emergency ordinances, and except where Kansas Statutes otherwise specify, every adopted ordinary ordinance shall become effective upon its publication or at any later date specified therein. Emergency ordinances shall become effective upon passage or at any later date specified therein.
(i) Signature, authentication and recording. All ordinary ordinances and resolutions passed or adopted by the Council shall be authenticated by the signatures of the Mayor and City Clerk or such other appointive officer as the Council may designate. The City Clerk or such other appointive officer as the Council may designate shall record in a properly indexed “Ordinance Book” kept for the purpose of every ordinary ordinance, immediately after its publication, or in the case of emergency ordinances immediately after passage. (C.O. 94 § 16, 7-20-04.)
Secs. A2-31 – A2-40. Reserved.
Division 3. City Officers
Sec. A2-41. Designation as officers.
In addition to the district Councilmembers and the Mayor, the officers of the city shall be the City Manager, the City Attorney, the City Clerk, the City Treasurer, and such department heads, members of boards or commissions, and executive officers of such boards and commissions as may be so designated by ordinance. (C.O. 94 § 17, 7-20-04.)
Secs. A2-42 – A2-50. Reserved.
Division 4. City Manager
Sec. A2-51. Appointment.
The Council shall appoint a City Manager, who shall be the chief executive officer of the city. He or she shall be a person of demonstrated administrative ability with experience in a responsible, important executive capacity and shall be chosen solely on the basis of his or her executive and administrative qualifications, and knowledge of accepted practices for this position. (C.O. 94 § 18, 7-20-04.)
Sec. A2-52. Acting City Manager.
The Council shall designate a qualified employee to exercise the powers and perform the duties of City Manager during any temporary absence or disability of the City Manager. (C.O. 94 § 19, 7-20-04.)
Sec. A2-53. Compensation and tenure.
The City Manager shall receive the salary fixed by the Council. He or she shall be appointed for an indefinite term and shall serve at the pleasure of the Council. (C.O. 94 § 20, 7-20-04.)
Sec. A2-54. Powers of appointment and removal.
The City Manager shall be responsible to the Council for the proper and efficient administration of all affairs of the city under his or her jurisdiction, and shall, subject to the provisions of the personnel policies of this city and except as otherwise provided in this Charter Ordinance, have the power to appoint, assign, reassign, discipline, and remove all directors or heads of departments and all employees under his or her jurisdiction. He or she may delegate to directors or other department heads responsible to him or her the authority to appoint, discipline, and remove subordinate employees, subject to the personnel policies of this city. (C.O. 94 § 21, 7-20-04.)
Sec. A2-55. Duties.
The City Manager shall have the power and it shall be his or her duty:
(a) To execute and enforce all laws and ordinances and policies of the Council and to administer the affairs of the city.
(b) To sign all contracts binding the city, unless Council approval of the contract or subject matter is required by city ordinance or resolution, state or federal law, or other city officers or employees are specifically authorized by ordinance to approve and sign the contracts. This authority is subject to all legal and administrative reviews and approvals otherwise required by city ordinance.
(c) To attend all meetings of the Council, and its committees, unless excused, and such meetings of boards and commissions as he or she chooses or which he or she is directed to attend by the Council, and to participate in discussions at such meetings.
(d) To recommend to the Council such measures and ordinances as he or she may deem necessary or expedient and to make such other recommendations to the Council concerning the affairs of the city as he or she finds desirable.
(e) To investigate affairs of the city under his or her supervision, or any franchise or contract for the proper performance of any obligation running to the city within his or her jurisdiction.
(f) To control and administer the financial affairs of the city.
(g) To prepare an annual budget for submission to the Council.
(h) To prepare or cause to be prepared the plans, specifications, and contracts for work which the Council may order.
(i) To supervise the purchasing of materials and supplies and to make recommendations to the Council in connection with the awarding of public contracts and to see that all city contracts under his or her direction or that of the Council are faithfully performed.
(j) To prepare and submit to the Council such reports as it may require or that the City Manager deems appropriate.
(k) To keep the Council at all times fully advised as to the financial condition and needs of the city.
(l) To prescribe such general rules and regulations as he or she may deem necessary or expedient to the general conduct of the administrative departments under his or her jurisdiction.
(m) When directed by the Council, to represent the city in its intergovernmental relations and to negotiate contracts for joint governmental actions, subject to Council approval.
(n) To devote his or her entire time to the duties and interest of the city.
(o) To perform such other duties as may be prescribed by this Charter Ordinance or by ordinance or resolution.
(p) To provide the Council by February 28 with a written report of the city’s financial condition and administrative activities for the prior fiscal year.
(q) To recommend organization of departments and divisions in the most efficient and economical manner.
(r) To prepare the agenda for the conduct of business at Council meetings. (C.O. 94 § 22, 7-20-04.)
Secs. A2-56 – A2-70. Reserved.
Division 5. Administrative Organization
Sec. A2-71. Administrative organization authorized.
The City Manager shall prepare and propose an ordinance providing the form of organization through which the functions of the city under the jurisdiction of the City Manager are to be administered. Any combination of authorized duties, powers, and functions which in the judgment of the Council will provide the most efficient and economical service possible, consistent with the public interest and in keeping with accepted principles of municipal administration, may be authorized by such ordinance. All departments or other administrative agencies so created shall be administered by the City Manager or by a department head or other officer appointed by and responsible to him or her. (C.O. 94 § 23, 7-20-04.)
Sec. A2-72. Boards and commissions.
The Council may create by ordinance such operational, advisory, appellate, or rule-making boards and commissions as may be required for the proper operation of any function or agency of the city and prescribe their function, duties, powers, jurisdiction, and the number of board and commission members, their terms, compensation, and reimbursement for expenses, if any, subject to the provisions of this article. The Mayor shall solicit nominations from the Council for filling such positions and shall notify Councilmembers of vacancies on such existing bodies prior to the expiration of the appointed terms. Members of boards and commissions shall be appointed by the Mayor from the list of nominees submitted by the Council and shall be subject to confirmation by the affirmative vote of five (5) members of the Council and may be removed for cause, after hearing, by the affirmative vote of at least five (5) members of the Council. Vacancies shall be filled for any unexpired term in the same manner as the original appointments were made. (C.O. 94 § 24, 7-20-04.)
Secs. A2-73 – A2-80. Reserved.
Division 6. Transition Provisions
Sec. A2-81. Interim governing body.
Upon approval of this Charter Ordinance by majority vote of the electors of Topeka, Kansas, voting thereon, the Mayor and Council holding office at the time of such election shall continue in office as an interim governing body, holding all powers and duties as specified in the Kansas Constitution, Kansas statutes, and the Charter Ordinances and ordinary ordinances of Topeka, Kansas, until the commencement of the term of office of the newly elected Council. (C.O. 94 § 25, 7-20-04.)
Sec. A2-82. Transition to new form.
During the period subsequent to approval of this Charter Ordinance by the electors of Topeka, Kansas, and prior to the time of the first meeting of the newly elected Council, the Mayor and Council holding office at the time of such election as interim governing body shall provide for the development of recommendations and proposals and take whatever other steps are needed to aid the new Council in making the transition from the strong Mayor/Council form to the Council-Manager form of government as provided in this Charter Ordinance and may appoint special committees or commissions of electors for this purpose. (C.O. 94 § 26, 7-20-04.)
Sec. A2-83. Schedule of implementation.
(a) Time of taking partial effect. At the time of its approval by the electors of the city, this Charter Ordinance shall be in effect only to the extent necessary to carry out the provisions of this division 6, and to provide for the first (1st) election of the Mayor and Councilmembers of the Council. The newly elected Council shall adopt or maintain ordinances or take whatever steps, if any, are required to cause such election to be held in accord with this Charter Ordinance and applicable laws of Kansas.
(b) Time of taking full effect. This Charter Ordinance shall be in full effect for all purposes on and after the date and time of the first meeting of the newly elected Council.
(c) First meeting of the council. On Tuesday, April 12, 2005, at 7:00 p.m., the newly elected Council shall hold its first regular meeting for the purpose of:
(1) Appointing an acting City Manager, and considering and initiating the employment of a City Manager;
(2) Adopting any ordinary ordinances and resolutions necessary to effect the transition of government under this Charter Ordinance and to maintain effective government;
(3) Choosing one (1) of its members for the office of Deputy Mayor;
(4) Introducing an ordinary ordinance establishing a regular schedule of meeting times and dates for the next two (2) years consistent with the provisions of this Charter Ordinance;
(5) Such other business as may be necessary and appropriate. (C.O. 94 § 27, 7-20-04.)
Sec. A2-84. Preservation of existing offices.
During the period subsequent to approval of this Charter Ordinance by the electors of Topeka, Kansas, and prior to the time of the first meeting of the newly elected Council, the Mayor and the Council holding office at the time of such election as interim governing body shall maintain by ordinary ordinances the city offices as they shall exist at the time of approval of this Charter Ordinance by the electors of the city. Such ordinary ordinances shall prescribe the functions, organization, and all rules and regulations for operation of said offices as they are now prescribed in Kansas Statutes or in Charter Ordinances of the City of Topeka, Kansas. (C.O. 94 § 28, 7-20-04.)
Sec. A2-85. Preservation of civil service commission.
During the period subsequent to the approval of this Charter Ordinance by the electors of Topeka, Kansas, and prior to the time of the first meeting of the newly elected Council, the Mayor and the Council holding office at the time of such election as interim governing body shall maintain by ordinary ordinance the Civil Service Commission and Civil Service System as it shall exist at the time of approval of this Charter Ordinance by the electors of the city. Such ordinary ordinance shall prescribe the functions and organization of said Civil Service System as they are then prescribed in Kansas Statutes, in charter ordinances of the City of Topeka, Kansas, or in other applicable law. The existing regulations for operation of said Civil Service System heretofore adopted by the Civil Service Commission and codified as Chapter 2.125 of the Code of the City of Topeka, shall remain in effect until replaced or continued in effect by any successor Civil Service Commission, if any be provided for in subsequent ordinary ordinances enacted. (C.O. 94 § 29, 7-20-04.)
Sec. A2-86. Preservation of rights and privileges.
(a) Except as otherwise provided in this Charter Ordinance, the incumbents in all appointive offices and positions of employment appointed prior to 7:00 p.m. on April 12, 2005, whose terms have not expired or who are serving indefinite terms at the time of the first meeting of the newly elected Council shall not be subject to competitive tests as a condition of continuation in the same office or position of employment and shall continue in their respective offices and positions of employment under this Charter Ordinance until their respective terms expire or until their services are terminated in accordance with the provisions of this Charter Ordinance, ordinary ordinances, or any administrative or personnel codes subsequently enacted. It is hereby declared to be the desire of the people of the city that every such appointive officer or employee shall be continued in the service of the city if he or she is qualified and if the good of the city permits, but this general statement of desire shall not limit the power of appointment and removal.
(b) No officer or employee who has been appointed to a position in the competitive class of the Civil Service System of the city prior to the time of approval of this Charter Ordinance by the electors of the city shall be removed from the appointive office or position of employment he or she holds at the time of such approval, or thereafter, except in the manner prescribed by the civil service statutes, ordinances, regulations, or applicable memoranda of agreement in force at the time such removal is sought, or in the manner prescribed by any subsequently adopted personnel code.
(c) The incumbent members of statutory and nonstatutory boards, commissions, and other plural authorities appointed prior to April 12, 2005, at 7:00 p.m. shall serve until their terms expire and thereafter until their successors are selected and qualify. (C.O. 94 § 30, 7-20-04.)
Sec. A2-87. Ordinances to remain in effect.
All Charter ordinances, ordinances, resolutions, policies, rules, and regulations in force at the time this Charter Ordinance takes full effect, which are not inconsistent with the provisions of this Charter Ordinance, shall remain and be in force until altered, modified, or repealed by or under authority of this Charter Ordinance unless specifically repealed herein. (C.O. 94 § 31, 7-20-04.)
Sec. A2-88. Pending actions and proceedings.
No action or proceeding, civil or criminal, brought by or against the city or any appointive or elective officer or employee thereof, and which is pending at the time this Charter Ordinance shall take effect, shall be affected or abated by the adoption of this Charter Ordinance. (C.O. 94 § 32, 7-20-04.)
Sec. A2-89. Continuation of contracts, public improvements, and taxes.
All contracts and memoranda of agreement entered into by the city, or for its benefit, prior to the taking full effect of this Charter Ordinance, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws existing at the time this Charter Ordinance takes full effect may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws. All taxes and assessments levied or assessed, all fines and penalties imposed, and all other obligations owing to the city which are uncollected at the time this Charter Ordinance becomes fully effective, shall continue in full force and effect and shall be collected as if no change had been made. (C.O. 94 § 33, 7-20-04.)