Memorandum

City of Lawrence

City Attorney’s Office

 

TO:

Thomas M. Markus, City Manager

CC:

Diane Stoddard and Casey Toomay, Assistant City Managers

FROM:

Toni R. Wheeler, City Attorney

DATE:

March 31, 2016 – Revised 04/04/16

RE:

Changes to City Elections

 

 In 2015, the Kansas Legislature passed HB 2104 which moved city elections from April of odd-years to November of odd-years.  The legislation made other changes as well.  The City Commission will need to pass a local ordinance to establish the terms of office of commissioners. 

 

The legislation made the following changes:

 

1.    It moved City general elections from April of odd years to November of odd years (to simulate the state and national general elections).

2.    It moved City primary elections to August.

3.    It moved the filing deadline of city elections from January to June 1st of the year of the election.

4.    It changed the date that newly elected city commissioners begin serving from April to the second Monday in January following the election.  For November 2017 elections, the new commissioners will be sworn in on January 8, 2018. 

5.    It extended the terms of sitting commissioners that would have ended in April 2017 to now end in January 2018. 

6.    It now requires candidates to file for local city elections with the COUNTY election office (not the city clerk). 

7.    It provides a governing body the opportunity to hold partisan elections after passing an ordinary ordinance. 

 

The law does not address the choosing of a mayor.  Section 1-202 of the City Code provides that the Commission “shall choose its own Chairperson annually and determine its own order of business.”  Traditionally, the City Commission has selected its mayor in April.  It would be our recommendation, however, that beginning January 2018, when the new commission is seated, the Commission choose its mayor for a one-year term (January to the next January).  April will have no significance from a governing standpoint beginning in January 2018.  In the interim period, the Commission may set the mayor’s term as it deems appropriate. 

 

The Lawrence Mayor term could be as follows:

 

a.    Mayor Amyx’s term could be extended past April, 2016.

b.    Mayor Amyx’s term could end in April 2016, and Vice-Mayor Soden is elected as mayor to serve:

1.    From April 2016 to April 2017, or

2.    From April 2016 to January 2018

 

Or, the commission could divide the mayor’s term in any other manner it deems appropriate. 

 

Staff will prepare an ordinance for the Commission’s consideration in the near future.