Memorandum

City of Lawrence

Legal Services Department

 

TO:

David L. Corliss, City Manager

 

FROM:

Toni Wheeler, Director of Legal Services

 

Date:

March 5, 2009

 

RE:

Quorum of the City Commission

 

The 2008 Kansas Legislature amended the Kansas Open Meetings Act (“KOMA”), K.S.A. 75-4317 et seq.  The definition of “meeting”, as amended, is: 

 

any gathering or assembly in person or through the use of a telephone or any other medium for interactive communication by a majority of the membership of a body or agency subject to this act for the purpose of discussing the business or affairs of the body or agency. (Emphasis provided.)

 

The effect of the change is that under the amended state law, it now takes three (3) city commissioners to constitute a “meeting” under KOMA. 

 

Previously under KOMA, a “meeting” was defined as “a gathering or assembly of a majority of a quorum of a body or agency” subject to KOMA “for the purpose of discussing the business or affairs of the body or agency.”  Prior to 1998, K.S.A. 13-1810 established the quorum for certain first class cities, including the City of Lawrence, at three (3) members of the Commission. Therefore, under KOMA and under K.S.A. 13-1810 prior to 1998, two commissioners could not discuss any business of the City, except in an open meeting because two commissioners constituted a “majority of a quorum” of the City Commission.     

 

In 1992, the Governing Body adopted Charter Ordinance No. 25 exempting the City from provisions of K.S.A. 13-1810 and providing substitute and additional provisions.  Charter Ordinance 25 provides that the City Commission quorum shall be either three (3) or four (4) members, as determined by the Governing Body annually, rather than three established under K.S.A. 13-1810. 

 

The Governing Body has traditionally set the quorum at four, as authorized under the charter ordinance by ordinary ordinance.    With a quorum of four, two commissioners are permitted to discuss the business of the City outside of an open meeting and comply with the requirements of KOMA that existed prior to July 1, 2008.  A quorum of four requires four commissioners to be present at meetings to transact business. 

 

The 2008 amendment to the definition of a “meeting” under KOMA makes it unnecessary to pass an ordinance establishing the quorum for the City Commission at four (4) commissioners to allow two commissioners to discuss City business outside of a public meeting.  Also, the Kansas Legislature has since repealed K.S.A. 13-1810 setting the quorum for cities of the first class at three and no other state statutes have been enacted establishing the quorum for first class cities.  The Governing Body is free to establish its quorum under its Home Rule powers. 

 

It is a policy decision for the City Commission whether the quorum should be set at three (3) or four (4) members.  Having a quorum of four to transact business has occasionally posed challenges for the City Commission, however, when necessary, a Commissioner has participated in meetings by telephone so that business could be transacted.  An ordinance establishing a quorum at four is no longer needed however, to permit two commissioners to discuss City business outside of a public meeting as discussed above.

 

The City Commission may:

 

  1. Renew the existing quorum ordinance that establishes the quorum at four (4) commissioners, and continue to review it annually. 
  2. Adopt an ordinance that keeps the quorum at four and removes the annual review.
  3. Adopt an ordinance that establishes the quorum at three and removes the annual review.
  4. Adopt an ordinance repealing Charter Ordinance No. 25, after an ordinance establishing the quorum is adopted.   

 

Action requested, adopt on first reading one of the ordinances described above, as appropriate.  Direct staff to prepare an ordinance repealing Charter Ordinance No. 25, as appropriate.