Judges: Robert T. Stephan, Attorney General
Filed Date: 8/24/1994
Status: Precedential
Modified Date: 7/5/2016
Linda P. Jeffrey Topeka City Attorney 200 E. 7th Street Topeka, Kansas 66603-3979
Dear Ms. Jeffrey:
You request our opinion whether an initiative and referendum petition which seeks to limit terms for the mayor and council members is legally appropriate in light of the fact that the city of Topeka has a charter ordinance which prescribes the qualifications for its mayor and council members. Specifically, you inquire whether a charter ordinance may be adopted pursuant to the initiative and referendum statute found at K.S.A.
K.S.A.
Your second question is whether an ordinary ordinance is sufficient to limit terms of office when the qualifications and terms of office are established in an existing charter ordinance. The city of Topeka does not utilize any of the statutory forms of government. Instead, the city has created its own form of government by charter ordinance. Section A2-16(b) of the Topeka home rule charter sets forth the qualifications for mayor and council members and section A2-17(d) establishes their terms of office.
Article
"Each charter ordinance enacted shall control and prevail over any prior or subsequent act of the governing body of the city and may be repealed or amended only by charter ordinance or by enactments of the legislature applicable to all cities." (Emphasis added).
The term limit proposition in question attempts to amend section A2-16(b) by adding an additional qualification for running for mayor and city council member. Attorney General Opinion No.
Therefore, it is our opinion that an attempt to amend a charter ordinance violates article
Very truly yours,
ROBERT T. STEPHAN Attorney General of Kansas
Mary Feighny Assistant Attorney General
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