Chapter 1 · Administration

Article 2. Governing Body

Sections 1-201 to 1-210 · 10 sections

1-201 Election of officers; when held.

(a)The governing body shall consist of a mayor and five council members to be elected to terms as set forth herein. The mayor and council members shall be residents and qualified electors of the City of Peabody, Kansas.

(b)Those governing body positions with terms expiring in April 2017 shall expire on the second Monday in January of 2018, when the city officials elected in the November 2017 general election take office. Those governing body positions with terms expiring in April 2019 shall expire on the second Monday in January of 2020, when the city officials elected in the November 2019 general election take office.

(c)General elections shall take place on the Tuesday succeeding the first Monday in November 2017. Succeeding elections will be held every two years for all such governing body positions whose terms have expired. All councilmembers shall have four-year terms. The mayor shall have a two-year term.

(d)The city election shall be non-partisan and conducted according to Chapter 25 of the Kansas Statutes Annotated.

(C.O. No. 2; C.O. No. 13; Code 2016; C.O. No. 14)

1-202 Failure of officer to qualify.

The neglect of any candidate receiving a certificate of election to qualify within the time limited by law shall be deemed a refusal to accept an office and a vacancy shall exist. In case any person elected to the office of Mayor fails or refuses to qualify for such office within thirty (30) days after his election, the President of the Council shall become Mayor and shall hold such office until the next regular election for that office and a vacancy shall occur in the office of the Councilman becoming Mayor. In case any person elected as a Councilman neglects or refuses to qualify within thirty (30) days after receiving a certificate of election, the Mayor may, with the consent of the remaining councilmen, appoint some suitable elector to fill such vacancy.

(K.S.A. 12-104a; K.S.A. 15-201, K.S.A. 15-209; K.S.A. 15-210; C.O. No. 13; Code 2016; C.O. No. 14)

1-203 Vacancy in office.

(a)In case of a vacancy in the office of mayor, the president of the council shall become mayor until the next regular election for that office and a vacancy shall occur in the office of the council member becoming mayor.

(b)In case of a vacancy in the council occurring by reason of resignation, death, or removal from office or from the city, the mayor, by and with the advice and consent of the remaining council members, shall appoint an elector to fill the vacancy until the next election for that office. In case any person elected as a council member neglects or refuses to qualify within 30 days after election, the council member shall be deemed to have refused to accept the office and a vacancy shall exist. The mayor may, with the consent of the remaining council members, appoint a suitable elector to fill the vacancy.

(K.S.A. 12-104a; K.S.A. 15-201; K.S.A. 15-311; C.O. No. 13; Code 2016; C.O. No. 14)

1-204 Commencement of terms of office; oath of office.

The terms of officers elected shall commence on the second Monday in January following certification of the election, and the elected officers shall qualify by taking the oath or affirmation of office to be filed with the city clerk.

(K.S.A. 25-21a01; K.S.A. 25-2120; Code 2016)

1-205 Candidacy.

In accordance with K.S.A. 25-205, and amendments thereto, any person may become a candidate for city office elected at large by having had filed on their behalf, a nomination petition or a declaration of candidacy, accompanied by a fee required by law. The nomination petition must be signed by fifteen (15) of the qualified electors of the City of Peabody.

(K.S.A. 25-205; K.S.A. 25-21a01; K.S.A. 25-2110; Code 2016; C.O. No. 14)

1-206 Meetings.

(a)The City Council shall have regular meetings twice a month on the 2nd Monday and the last Monday of each month at the hour of 7:00 P.M. and shall convene in the Council Chambers of the City Hall; Provided, that when a day fixed for a regular meeting shall fall on a holiday regularly observed in the City of Peabody, the regular meeting of the council shall convene on the succeeding secular or business day at the appointed hour.

(b)Special meetings of the Council may be called by the Mayor (or acting Mayor in the absence of the Mayor from the city) on the written request of any three (3) members of the Council, specifying the object and purpose of such meeting, which request shall be read at the meeting and entered at length on the journal by the City Clerk. The call of the Mayor for any such special meeting shall be endorsed upon the written request and shall specify the time and place of such meeting, and shall be filed with the City Clerk. Thereupon, the City Clerk shall give notice of such meeting to each member of the Council.

(c)Any regular or special meeting of the City Council may be adjourned for the completion of its business at such subsequent time and place as the Council may determine in the motion to adjourn.

(K.S.A. 15-106; Ord. 761; Code 2016)

1-207 Quorum; attendance of members.

At all meetings of the City Council, a majority of the Councilmen elect shall constitute a quorum to do business, but any less number may adjourn from day to day and compel the attendance of absent members of the Council by attachment issued in the name of the city and directed to the City Marshall demanding him to arrest such absent members and bring them before the Council.

(K.S.A 15-106; C.O. No. 11; C.O. No. 13; Code 2016; C.O. No. 14)

1-208 Presiding officer; mayor.

The Mayor shall preside at all meetings of the City Council and shall have general supervision over the affairs of the city.

(K.S.A. 15-301)

1-209 President of council; acting president.

In the absence of the Mayor, the President of the Council shall preside at meetings of the City Council. In the absence of the Mayor and President of the Council, the Council shall elect one of its members to preside who shall be styled “Acting President,” when occupying the place of the Mayor as presiding officer, shall have the same privileges as other members of the Council.

(K.S.A. 15-310)

1-210 President of council; election; duties.

The City Council shall, at its first regular meeting in the month of May following any city election, elect one of its members as “President of the Council. “When any vacancy shall happen in the office of Mayor, the President of the Council for the time being shall exercise the office of Mayor, and all the rights, privileges and jurisdiction of the Mayor, until such vacancy be filled at the next city election or until such disability be removed, or in the case of temporary absence, until the Mayor shall return.

(K.S.A. 15-310:311)