Charter Ordinance No. 186  


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  • A CHARTER ORDINANCE OF THE CITY OF WICHITA AMENDING SECTION 1 OF THE CHARTER ORDINANCE NO. 171 PERTAINING TO THE APPOINTMENT OF MUNICIPAL COURT JUDGES, AND REPEALING THE ORIGINAL OF SAID SECTION.

    BE IT SO ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

    SECTION 1. SECTION 1 of Charter Ordinance No. 171, which amended Section 1 of Charter Ordinance No. 142, which amended Section 8 of Charter Ordinance No. 90, shall be amended to read as follows:

    "Section 1. (a) There is hereby established a Municipal Judge Nominating Commission, which shall consist of five (5) members. Two (2) non-lawyer members of the nominating commission shall be appointed by the City Council. The other three (3) members of the nominating commission shall be lawyers nominated by the governing body of the Wichita Bar Association and appointed by the City Council. In the event the Wichita Bar Association does not nominate members, three (3) lawyers shall be appointed by the City Council. Each member of the commission shall be a qualified elector of the City of Wichita. The commission shall appoint one of its members as chairperson and one as vice-chairperson under such procedures and for such term as the commission may determine by majority vote. The members of the commission shall serve for such term as is provided by ordinance for appointive boards and commissions. Vacancies shall be filled in the same manner as the original appointment.

    (b) Whenever a vacancy occurs in the office of Municipal Court Judge, or whenever a vacancy will occur in such office on a specified future date, the City Attorney shall give notice of such vacancy or expiration of term of office to the Chairperson of the nominating commission. The Chairperson shall call an organizing meeting of the commission to be held within five days after receipt of such notice for the purpose of nominating persons for appointment to such office. The commission shall determine the rules necessary for the conduct of its proceedings and the discharge of its duties. The commission shall not take any final action except at regularly scheduled meetings. A majority of the members of the commission shall constitute a quorum to do business, but no final action shall be taken except upon a vote of the majority of the members of the commission.

    (c) Applications for the office of Municipal Court judge shall be submitted to the City Clerk in such time, manner, and form as may be determined by the City Manager. The City Clerk shall forward the same to the nominating commission.

    (d) It shall be the duty of the commission to nominate not less than three (3) persons for each municipal court judge office which is vacant or which term has or will expire, and shall submit the names of the persons so nominated to the City Council. Any person so nominated shall have the qualifications prescribed by statute and ordinance. In order that a vacancy in the office of municipal court judge does not exist for an inordinate length of time, the commission shall conduct the business of selecting nominees for appointment to such office and certifying the same to the City Council as promptly and expeditiously as possible, having due regard for the importance of selecting the best possible nominees. In no event shall the commission submit its nominations to the City Council more than thirty (30) days after notice, unless the City Council permits the extension of such time period.

    (e) (Amended and Repealed—See Charter Ordinance No. 191, § 2.)

    (f) The City Council shall appoint one of the nominees so submitted, or reject all nominees and request the nomination by the commission of additional nominees. If the commission declines to nominate additional nominees within thirty (30) days after being so requested by the City Council, the City Council shall make the appointment from among the persons indicating an interest in the office.

    (g) An appointee to the office of Municipal Court Judge shall take and hold office for the term or remainder thereof provided herein, and until reappointed or until a successor is appointed."

    SECTION 2. The original of Section 1 of Charter Ordinance No. 171 is hereby repealed.

    SECTION 3. This ordinance shall be published once each week for two consecutive weeks in the official City paper.

    SECTION 4. This is a charter ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of the State of Kansas, in which case, the ordinance shall become effective if approved by a majority of the electors voting thereon.

    Passed by the Governing Body, not less than two-thirds of the members elect voting in favor thereof, this 6th day of February, 2001.

    Bob Knight, Mayor

    ATTEST:

    Pat Burnett, City Clerk

    Approved as to Form:

    Gary E. Rebenstorf, Director of Law
    and City Attorney