Memorandum

City of Lawrence

TO:	Mayor and City Commissioners
FROM:	City Manager David L. Corliss
C:	Toni Wheeler, Director of Legal Services
Date:	December 13, 2010
RE:	Ordinance altering City Commission quorum

Commissioners,

Attached is Ordinance No. 8603 which would change the City Commission quorum from four members to three.   The City Commission quorum was originally changed from three to four in the early 1990s to allow for two commissioners to meet without creating a public meeting under the Kansas Open Meetings Act.   When the Kansas Open Meetings Act was changed to allow two governing body members (with a five member body) to meet without creating a public meeting, the City Commission repealed the Charter Ordinance that allowed the City Commission to annually establish the City Commission quorum.  The City Commission did choose to keep the ordinary ordinance establishing the quorum at four members.  Most governing boards follow the general rule that a majority of the board is a quorum – which in the case of the City Commission would mean three members.

If a situation occurred because of Commissioner illness, absence, or travel that meant that two commissioners would be absent from a City Commission meeting, this would mean that the City Commission could not meet, even to pay bills, accept bids, etc.   The Mayor’s absence from this Tuesday’s meeting, and planned travel from other commissioners over the holiday period, has focused attention on the quorum requirements.

If the City Commission desires to establish the quorum at three members, Ordinance No.  8603 has been prepared to accomplish this goal.  It is placed on first reading for December 14, 2010 and would be placed on second reading for December 21.