12-362.   Same; studies, hearings and notice;preliminary and final plan; election.(a) The commission shall prepare and adopt a plan addressingthe unificationof the city and county or certain city and county offices, functions, servicesand operations. Thecommission shall conduct such studies and investigations as it deemsappropriate to complete itswork. Such studies and investigations shall include, but not be limited to,studies of the costs andbenefits of unifying the city and county or certain city and county offices,functions, services andoperations.

      (b)   The commission shall hold public hearings for the purpose of receivinginformation andmaterials which will aid in the drafting of the plan.

      (c)   Within one year following the appointment of all members of thecommission, thecommission shall prepare and adopt a preliminary plan addressing theunification of the city andcounty or certain city and county offices, functions, services and operationsit deems advisable.Copies of the preliminary plan shall be filed with the county election officer, city clerk, each publiclibrary within the county and any other place designated by the commission.Copies of such planshall be available to members of the public for inspection upon request. Thecommission shall holdat least two public hearings to obtain citizen views concerning the preliminaryplan. Notice of suchhearings shall be published at least twice in a newspaper of generalcirculation within the county.Following the public hearings on the preliminary plan, the commission mayadopt, or modify andadopt, the preliminary plan as the final plan.

      (d)   Within 30 days of the last public hearing held on the preliminary plan,the commissionshall adopt its final plan. The final plan shall include the full text and anexplanation of the proposedplan, and comments deemed desirable by the commission, a written opinion by anattorney admittedto practice law in the state of Kansas and retained by the executive directorfor such purpose that theproposed plan is not in conflict with the constitution or the laws of thestate, and any minorityreports. Copies of the final plan shall be filed with the county electionofficer, city clerk, each publiclibrary within the county and any other place designated by the commission.Copies of such plan shall be available to members of the public for inspectionupon request. The commission shallcontinue in existence at least 90 days following the submission of the finalplan pursuant to thissubsection.

      (e) (1)   The final plan shall be submitted to the qualified electors of thecounty at any primary, general or special election. If thestatutorily mandated duties of an elective officeare to be eliminated or if the office is to be eliminated and the dutiestransferred to a nonelective office, the question of elimination of such dutiesor office shall be submitted to the voters as a separate ballot question. Suchelection shall be called and held by the countyelection officer in themanner provided for the calling andholding of elections pursuant to K.S.A. 10-120, and amendments thereto.Such election may be conducted bymail ballot. Asummary of the final plan shall be prepared by the commission and shall bepublished once eachweek for two consecutive weeks in a newspaper of general circulation within thecounty. If amajority of the qualified electors voting on the plan who reside within thecorporate limits of the cityand a majority of the qualified electors voting on the plan who reside outsideof the corporate limitsof the city vote in favor thereof, the unification plan shall be implemented inthe manner providedby the plan. If a majority of the electors who reside within the corporatelimits of the city or amajority of the qualified electors who reside outside of the corporate limitsof the city vote againstsuch plan, the proposed unification plan shall not be implemented.

      (2)   Any proposed unification which eliminates anelective office shall provide that theelimination of such office shall become effective upon the date of normalexpiration of the term ofsuch office.

      (3)   If the final plan provides for the unification of the city of Horace withthe county or theunification or elimination of any of the offices or powers, duties andfunctions of such offices of thecity of Horace and a majority of the qualified electors of the city of Horacevoting on the plan do notvote in favor thereof, the city of Horace and officers thereof shall continuein existence and operationas if no unification had occurred.

      (4)   If the commission submits a final plan which does not recommend theunification of the city and county or certain city and county offices,functions, services and operations, the provisions of this subsection shall notapply.

      History:   L. 2006, ch. 187, § 3;L. 2007, ch. 1, § 1; Feb. 22.