12-5711

Chapter 12.--CITIES AND MUNICIPALITIES
Article 57.--FORT SCOTT/BOURBON COUNTY RIVERFRONT AUTHORITY

      12-5711.   Governing board; appointment; terms;officers; meetings; procedure.(a) The governing and administrative body of the authorityshall be a board consisting of six members, to be known as the riverfrontboard. Members of the board shall be residents of Kansas. No memberof the board shall be an elected official.

      (b)   Members shall not be paid a salary, but shall be reimbursed foractual expenses incurred by them in the performance of their duties.

      (c)   Members of the board shall be appointed as follows: Subject to theprovisions ofK.S.A. 2009 Supp.12-16,128, and amendments thereto, three shallbe appointed by the mayor with the approval of the council and threeshall be appointed by the commission. Of the first appointees, the counciland mayor shall designate one member to serve a term of one year, oneto serve two years and one to serve a three-year term. The commissionshall designate the terms of its appointees likewise. Should the city andcounty consolidate, then the members shall be appointed by the governing bodyof the consolidated government as set forth above.

      (d)   Upon the expiration of the term of any member, all successormembers of the board shall be appointed and hold office for terms ofthree years from the date of appointment. The city clerk or county clerkshall certify the action of the respective governing body with respect tosuch appointments and file such certificates as a part of the records ofthe office of either the city or county clerk. Before entering upon theduties of office, each member of the board shall take and subscribe theconstitutional oath of office and same shall be filed in the office of thecity clerk and county clerk.

      (e)   Any member may resign from office to take effect when a successor hasbeen appointed and has qualified. The mayor, with the approval of the counciland the commission, may remove any member of the board in case of incompetency,neglect of duty or malfeasance inoffice. The member shall be given a copy of the charges and an opportunity tobe publicly heard in person or by counsel upon not less than 10 days' notice.In case of failure to qualify within the time required, or ofabandonment of office, or in case of death, conviction of a crime involvingmoral turpitude or removal from office, the office of a member shallbecome vacant. A vacancy shall be filled for the unexpired term by appointmentin the same manner as the original appointment.

      (f)   As soon as possible after the appointment of the initial members,the board shall organize for the transaction of business, select a chairpersonand a temporary secretary from its members and adopt bylaws,rules and regulations to govern its proceedings. The initial chairpersonand successors shall be elected by the board from time to time for theterm of the chairperson's office as a member of the board or for the termof three years, whichever is shorter.

      (g)   Regular meetings of the board shall be held at least once eachcalendar month, the time and place of such meetings to be fixed by theboard. Four members of the board shall constitute a quorum for thetransaction of business.

      (h)   All action of the board shall be by resolution and the affirmativevote of at least three members shall be necessary for the adoption of anyresolution. All such resolutions before taking effect shall be approved bythe chairperson of the board and, if the chairperson approves thereof, thechairperson shall sign the same. If the chairperson does not approve anysuch resolution, the chairperson shall return it to the board with thechairperson's written objections thereto at the next regular meeting ofthe board occurring after the passage thereof. If the chairperson fails toreturn any resolution with the objections thereto by the prescribed time,the chairperson shall be deemed to have approved the same and it shalltake effect accordingly. Upon the return of any resolution by the chairpersonwith the chairperson's objections, the vote by which such resolution was passedshall be reconsidered by the board. If upon reconsideration the resolution ispassed by the affirmative vote of at least fivemembers, it shall go into effect notwithstanding the veto of the chairperson.All resolutions and all proceedings of the authority and all documentsand records in its possession shall be public records, and open to publicinspection, except such documents and records as shall be kept or prepared bythe board for use in negotiations, actions or proceedings towhich the authority is a party.

      History:   L. 2007, ch. 120, § 11;L. 2008, ch. 163, § 6; July 1.