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File #: 5102    Version: Name: Submitting to voters Charter Amendments
Type: Ordinance Status: Passed
File created: 6/7/2018 In control: Legislature As A Whole
On agenda: 6/11/2018 Final action: 8/13/2018
Title: AN ORDINANCE submitting to the qualified voters of Jackson County, Missouri, at the general election to be held on November 6, 2018, seven questions to amend the Jackson County Charter, with an effective date.
Attachments: 1. 5102 Veto Message.pdf, 2. 5102adopted overridden.pdf

 

IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI

 

 

Title

AN ORDINANCE submitting to the qualified voters of Jackson County, Missouri, at the general election to be held on November 6, 2018, seven questions to amend the Jackson County Charter, with an effective date.

 

 

Intro

ORDINANCE NO. 5102, June 11, 2018

 

INTRODUCED BY                     Greg Grounds, County Legislator

 

 

Body

 BE IT ORDAINED by the County Legislature of Jackson County, Missouri, as follows:

 

Section 1. There are hereby submitted to the qualified voters of Jackson County, Missouri for approval or disapproval seven questions to amend the 2010 Jackson County Charter, as set forth in this Ordinance, at the general election to be held in Jackson County, Missouri, on the first Tuesday next following the first Monday in November, 2018.

 

Section 2.  Subject to the approval of the qualified voters of Jackson County, Missouri, at the primary election to be held on November 6, 2018, the 2010 Jackson County Charter is hereby amended with amended sections to read as follows:

ARTICLE II.

 

COUNTY LEGISLATURE

 

 

Section 6.  The members of the County Legislature shall be elected for terms of four years commencing on January 1, following their election, except for the first members of the County Legislature elected in the year 1972, who shall serve two-year terms.  No member may serve more than two consecutive full terms commencing on or after January 1, 2019.

 

 

Section 12.  All ordinances passed by the County Legislature shall within five days thereafter be presented to the County Executive.  If the County Executive approves the ordinance he or she shall sign it, and the ordinance shall thereupon be deemed enacted, but if not, the County Executive shall return it with his or her objections to the County Legislature, which shall enter the objections on its journal, and proceed to reconsider it, except that the County Executive shall have no authority to object to any ordinance passed by the County Legislature that submits to the voters of Jackson County pursuant to Article XV of this charter a proposed charter amendment.  After such reconsideration, two-thirds of the members of the County Legislature may pass the ordinance over the objection of the County Executive.  In all such cases the vote shall be determined by yeas and nays, and the names of the persons voting for and against the ordinance shall be entered on the journal of the County Legislature.  Any ordinance not returned by the County Executive within ten days after it shall have been presented to the County Executive shall be deemed approved, as if signed. [In the case of ordinances appropriating money the County Executive may object to one or more items or portions of items while approving other portions, in which case the approved items or portions shall take effect and the items or portions objected to shall be reconsidered separately.]

 

Section 13.  A member of the County Legislature shall forfeit his or her office if he or she:

 

                                          1.  Ceases to be a qualified voter of the county;

 

2.  Removes his or her residence from the county or the district, or district-at-large from which he or she was elected;

 

3.  Holds any other federal, state, county or municipal elective office;

 

4.  Absents himself from more than four consecutive regular meetings of the County Legislature, unless excused by resolution of the County Legislature.

 

                        5.  Owes federal income tax, Missouri state income tax, or Missouri local tax which remains unpaid for more than twelve months after such tax debt becomes final under the law of the jurisdiction assessing such tax, unless a payment plan to resolve such delinquency is in effect and is current on its terms.

 

                     6.   Accepts any loan, gift, or other item of value above $500.00 from any employee, vendor, or contractor of the county, for which services of equal value have not been rendered.

 

 

 

Section 15.  Members of the County Legislature shall receive an annual salary [of $25.920] equal to one-third that of a circuit court judge of the State of Missouri.

 

Section 16.  The County Legislature shall have the power, pursuant to and in conformity with the constitution, and without limiting the generality of the powers vested in the County Legislature by this charter, to:

 

1.  Exercise all legislative powers now or hereafter conferred upon counties, county courts, county governing bodies and county officers by the constitution, by law, and by this charter, and to determine and make provision for any matter of county government not otherwise provided for herein, including any matter involved in the transition to the form of government provided by this charter.

 

2.  Exercise and perform any and all powers of a non-legislative nature which it may possess and any and all other duties which it may need to or be required to perform by the constitution, by law or by this charter.

 

3.                     Exercise legislative power pertaining to public health, police and traffic, building construction, and planning and zoning, in the part of the county outside of incorporated cities, and exercise legislative power in the part of the county within incorporated cities, and on such other subjects as may be authorized by the constitution, by law or by county ordinance.

 

4.                     Disapprove, within fifteen days after notice is filed with the clerk of the County Legislature, the appointment of all directors of departments, officers, to include acting or interim directors and officers, and members of boards or commissions who are appointed by the County Executive, except the apportionment and reapportionment committees, and within thirty days after notice is filed with the Clerk of the County Legislature, orders of the County Executive that create, consolidate, abolish, or reorganize departments.

 

5.  Make such rules and regulations as may be necessary or proper to establish and carry into effect the provisions of this charter and ordinances and provide for the enforcement of the charter and ordinances by appropriate penalties not exceeding for any one offense, a fine of one thousand dollars or imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.

 

6.  Adopt a budget, amend the adopted budget, and appropriate money for the payment of debts and expenses of the county and for any public purpose.

 

7.  Provide for the assessment, levy, equalization and collection of all taxes now or hereafter authorized by the constitution or by law and prescribe a method or system to facilitate the assessment, calculation, extension and collection of taxes including the design of the books and forms and the purchase and installation of necessary devices.

 

8.  Compromise taxes as provided by law.

 

9.  Establish procedures for the safekeeping, deposit, investment and disbursement of all moneys in or due the county treasury and to require and prescribe the form of financial reports from the county officers and offices.

 

10.  Borrow ninety-five percent, or the greatest amount authorized for any county by law, of the revenues of the county for the current fiscal year which have not been collected, as estimated in the manner provided by ordinance, plus any unencumbered balances for previous years in anticipation of the collection of the revenues for such year.

 

11.  Call elections to submit to the voters propositions for the issuance of bonds of the county incurring indebtedness to provide funds for purposes authorized by the constitution, by law, or by this charter.

 

12.  Call elections for any lawful purpose and establish election procedures not inconsistent with the constitution and applicable law.

 

13.  Contract and be contracted with and to authorize the making of contracts on behalf of the county by county officers, and establish by ordinance authority, limitations and procedures for making and review of such contracts.

 

14.  Implement by ordinance the merit system established by this charter.

 

15.  Set the compensation of members of boards and commissions, and of county officers and employees not under the merit system, whether or not this charter fixes any such compensation, except that the compensation of elective officers shall be fixed at least ten months prior to the election of such officers and shall not be increased or diminished during their term of office.

 

16.  Require any county officer or employee, elected or appointed, before entering upon the duties of their office or service to give a corporate surety bond for the faithful performance thereof, in such penal sum as may be fixed by law or by the County Legislature, and to provide for the payment of the premium thereof out of county funds.

 

17.  Make provision for the reasonable compensation for personal injury or death of any officer or employee of the county, or courts, arising out of and in the course of their employment and to contract for insurance for the payment of such compensation.

 

18.  Establish health, hospitalization, compensation, insurance, pension and retirement plans, contributory or non-contributory, for officers and employees of the county, and courts, and their dependents or beneficiaries.

 

19.  Establish plans calling for voluntary deductions from the salary or income of county and court employees and officers for purposes authorized by this charter, by law or by ordinance.

 

20.  Employ such financial, research, legal, or other technical advisors as are necessary.  Such employment may include research, tasks, and advice relating to matters ordinarily and necessarily associated with the profession or technical craft engaged, including, but not limited to, the filing of lawsuits on behalf of the legislature and the conducting of audits.

 

21.  Acquire property for county purposes.

 

22.  Take and hold property in trust and provide for the administration thereof.

 

23.  Exercise all the rights and powers of eminent domain, in the manner provided by law for the condemnation of land by public and private corporations and under such limitations as may be provided by law, to acquire by eminent domain such property or rights in property together with any grants and privileges in excess of that actually to be occupied by the public improvement or used in connection therewith, as is reasonably necessary to effectuate the purposes intended, and to cause the fee simple title to such property or the control or the use thereof to be vested in the county, and to provide for the sale of excess property with such restrictions as shall be appropriate to preserve the improvements made.

 

24.  Rent or lease county properties and rent or lease other property for county use, upon such terms and conditions and for such periods of time as the County Legislature may provide.

 

25.  Dispose of any real property owned by the county, to the highest and best bidder by open and public competition unless made to the United States or any of its agencies or to the State of Missouri or any of its political subdivisions or municipalities, and authorize county officers to dispose of personal property upon terms advantageous to the county.

 

26.  Establish, acquire, open, locate, relocate, vacate, alter, widen, extend, grade, improve, repair, construct, reconstruct and maintain public easements, rights of way, public highways, roads, streets, boulevards, parkways, sidewalks, alleys, bridges and viaducts, establish procedures therefore and regulate the use thereof and to limit access to, from and across public highways, roads, streets, boulevards, and parkways for the public interest and safety.

 

27.  Collect and dispose of sewage, waste and refuse, or license and regulate such collection and disposal.

 

28.  Provide for fire protection, public water supply, streets, sidewalks, street lighting, sewers, sewage disposal facilities, garbage and refuse collection and disposal and kindred facilities, and to provide for the payment of the costs thereof by special assessment, general taxation or by funds derived from bonds binding the income from the facility or by general obligation bonds binding the county or the property in any benefit district created by ordinance, and to create benefit districts for such purposes.

 

29.  Acquire, establish and provide by contract or otherwise for the planning, development, construction, maintenance and operation of a system of parks, parkways, recreation, conservation, forest, scenic and historic sites, and related facilities and concessions.

 

30.  Establish and provide for the enforcement of all necessary regulations to protect and promote public health and to control the ecology and environment.

 

31.  Acquire, establish, construct, equip, improve, extend, repair, maintain, manage and operate hospitals, sanitariums and clinics owned, supported or controlled by the county, and to enact ordinances and regulations under which patients who are able to do so pay in whole or in part for their care and treatment.

 

32.  Provide the terms upon which the county shall perform any services and functions of any municipality or political subdivision in the county, except school districts, when accepted by a vote of the majority of the qualified electors voting thereon in such municipality or political subdivision, or in such other manner as may be hereafter authorized by the constitution or by law; and cooperate and contract with the municipalities or other political subdivisions in the county as otherwise authorized by the constitution or by this charter.

 

33.  Contract and cooperate with any other county, municipality, or political subdivision of the State of Missouri, or with other states or their municipalities, counties, or political subdivisions, or with a duly authorized agency of the State of Missouri or other states, or of the United States, or with any elective or appointive official of any of them, or with any private person, firm, association, corporation, or foundation for the planning, development, construction, acquisition, or operation of any public improvement or facility, or for a service or function, provided that the subject and purposes of any such contract or cooperative action made and entered into by the county shall be within the scope of the powers of the county; and to accept in the name of the county, gifts, devises, bequests, and grants-in-aide from any city, county, state or political subdivision or agency thereof, or from the United States or any agency thereof, or from private persons, firms, associations, corporations, or foundations.

 

34.  Establish and collect fees for licenses, permits, inspections, and services performed by county officers and employees; require all fees to be accounted for and paid into the county treasury; license, tax, and regulate all businesses, occupations, professions, vocations, and activities, to the extent authorized by the constitution or by law.

 

35.  Establish procedures for the conduct of investigations by the County Legislature or any of its committees of any question or matter on which the County Legislature may lawfully take action, including but not by way of limitation, the power to issue subpoenas for witnesses and subpoenas duces tecum for books, records and documents; provide penalties for the failure to answer any subpoena or subpoena duces tecum; provide for the service of said subpoenas or subpoenas duces tecum.

 

36.  Investigate the official conduct or the accounts and affairs of any department, office, officer, or employee of the county or any office or officer of any special district, and of any institution, agency, organization, or person to whom or to which the county appropriates money.

 

37.  Refer any ordinance to the qualified voters of the county either at a regular or special election called by the County Legislature.  Any ordinance so referred shall become effective when approved by a majority of the qualified voters voting thereon at the election and not otherwise.

 

38.  Adopt codes, standards, or regulations prepared by a national technical trade or a service or professional association, the State of Missouri, or any of its agencies, or the United States, or any of its agencies, relating to traffic, building, planning, electrical installations, fire prevention, food products, air and water pollution, and all other subjects which the county has power to regulate, provided that a copy of every such code, standard or regulation as adopted and in effect shall be kept in the office of the clerk of the County Legislature and be open to public inspection.

 

39.  Provide for disaster planning and civil defense as required by law or deemed appropriate.

 

40.  Establish and maintain, or provide for the financial support of, programs providing legal aid or services in both civil and criminal matters to indigent persons in the county.

 

41.  Provide for a county plan for the physical development of the county, which plan shall set forth policy regarding the physical development and improvement of the county, including recommendations for the most desirable use of land within the county for residential, recreational, agricultural, commercial, industrial and other purposes, for the most desirable density of population in the county; for a system of principal thoroughfares, highways, streets and other public ways; systems of public or mass transportation; for airports, parks, playgrounds, and other public open spaces; for the general location, relocation and improvement of public buildings; for the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, sewerage, light, power, transit, and other purposes; for adequate drainage facilities and control; and for such other matters as may be beneficial to the county.  The county plan shall contain a statement of the objectives, standards and principles sought to be embodied therein.  The plan shall be based on studies of physical, social, ecological, economic, and governmental conditions and trends and shall be designed to assure the coordinated development of the county and to promote the general welfare and prosperity of its people.  Any such plan may deal generally with any subject matter authorized by law to be dealt with in county plans.

 

42.  Make all necessary or proper provisions for carrying into execution the foregoing powers.

 

43.  Exercise all powers and duties of counties and county officers as prescribed by law, the exercise of which is not otherwise provided for in this charter.

 

 

 

ARTICLE III.

 

COUNTY EXECUTIVE

 

Section 1.  The executive power of the county shall be vested in a County Executive. The County Executive shall be elected for a term of four years, and shall take office on January 1 following his or her election.  No County Executive may serve more than two consecutive full terms commencing on or after January 1, 2019.

 

Section 2.  The County Executive shall be a qualified voter of the county and shall have been domiciled in the county for at least three years before assuming office.  The County Executive shall forfeit office if he or she:

 

1.  Ceases to be a qualified voter of the county;

 

2.  Removes his or her residence from the county:

 

3.  Holds any other federal, state, county, or municipal elective office;

 

                      

4.   Owes federal income tax, Missouri state income tax, or Missouri local tax which remains unpaid for more than twelve months after such tax debt becomes final under the law of the jurisdiction assessing such tax, unless a payment plan to resolve such delinquency is in effect and is current on its terms.

 

5.   Accepts any loan, gift, or other item of value above $500.00 from any employee, vendor, or contractor of the county, for which services of equal value have not been rendered.

 

 

Section 6.  The County Executive, in addition to other powers and duties provided in this charter, shall have the power to:

 

1.  Appoint, subject to the County Legislature's power of disapproval, directors of departments, acting or interim directors, officers not otherwise provided for, members of boards and commissions, and acting officers to fill any vacancy in any appointive or elective office, except that of county legislator; the County Executive shall file written notice of such appointments with the clerk of the County Legislature.

 

2.                     Employ experts and consultants in connection with any of the functions of the county, and ensure that all professional services contracts over $5,000, except in emergency situations, follow a competitive process to determine award of the contract, and are filed with Clerk of the County Legislature within ten days of the contract’s award.

 

3.  Coordinate and supervise the work of the departments, officers and agencies of the county subject to his or her control.

 

4.                      Transfer employees from one department to another department to promote efficiency and economy.  If the employee reports to the County Legislature, sheriff, prosecuting attorney, or circuit court, the transfer shall require the approval of the applicable office holder or presiding judge of the circuit court.

 

5.  Execute and enforce the provisions of this charter, and the ordinances, resolutions and policies of the County Legislature, and the laws of the state pertaining to the government of the county; see that all contracts with the county are faithfully performed and cause to be instituted in the name of the county appropriate actions thereon.

 

6.  Attend meetings of the County Legislature and participate in its discussions without vote.

 

7.  Recommend to the County Legislature such measures as may, in his or her opinion, tend to improve the county government and the general well being of the people; submit to the County Legislature an annual report of the affairs of the county; promote, encourage and participate in cooperative relationships between the county and political subdivisions and governmental bodies and agencies, either within or outside the county or state in matters relating to public health, ecology, highways, sewers, parks, safety, public welfare, and any and all other functions for the welfare of the people of Jackson County.

 

8.  Investigate any matter or circumstance having to do with the operation of the county government, and examine witnesses, parties and others on oath or affirmation touching any matter or circumstance in the examination of any payroll, account, demand or claim against the county, and have access to all county books, records and papers kept by county officers and employees.

 

9.  Correct errors in assessment and tax records and report any such correction to the County Legislature within thirty days thereof.

 

    10.  Represent the county and perform such other duties as may be prescribed by this charter or be required of the County Executive by ordinance or resolution of the County Legislature or as may be implied by the powers and duties specified in this charter, by law or by ordinance.

 

    11.  Establish by County Executive order from time to time systems of administrative organization in the departments which shall be as uniform as the various departmental functions will permit.

 

    12.  Submit to the County Legislature for approval by ordinance an annual balanced budget at the time and in the manner provided in this charter and by ordinance.

 

Section 7.  The County Executive shall devote full time to the duties of the office, and shall receive an annual salary [of $108,000] equal to that of a judge of the Missouri Court of Appeals.

 

ARTICLE IV.

 

DEPARTMENTS

 

                     Section 6.   The County Executive shall provide for the administration of County operated health and welfare programs and agencies, [and the County jail and other correctional institutions,] except as otherwise authorized and provided by law.

 

Section 7.                       The County Executive shall provide for the administration and maintenance of all county roads, highways, streets, sewers, bridges, dams and shall operate and maintain all county buildings, physical facilities and public works equipment and perform all other duties prescribed by law, except as otherwise specifically provided in this charter. The County Executive shall designate a County Engineer who shall be a registered civil engineer to oversee the construction of county infrastructure.

 

ARTICLE V.

 

CHARTER OFFICERS

 

Section 1.  The Prosecuting Attorney shall be elected at the general election in 1972, and every four years thereafter.  The Prosecuting Attorney shall take office on January 1 following his or her election.  The Prosecuting Attorney shall have been admitted to practice law in the State of Missouri, shall be a qualified voter, and shall have been domiciled in the county for at least three years before assuming office.  No Prosecuting Attorney may serve more than three consecutive full terms commencing on or after January 1, 2021. The Prosecuting Attorney shall forfeit office if he or she:

 

1.  Ceases to be a qualified voter of the county;

 

2.  Removes his or her residence from the county:

 

3.  Holds any other federal, state, county, or municipal elective office;

 

                      

4.   Owes federal income tax, Missouri state income tax, or Missouri local tax which remains unpaid for more than twelve months after such tax debt becomes final under the law of the jurisdiction assessing such tax, unless a payment plan to resolve such delinquency is in effect and is current on its terms.

 

5.   Accepts any loan, gift, or other item of value above $500.00 from any employee, vendor, or contractor of the county, for which services of equal value have not been rendered.

 

 

Section 3.  The Prosecuting Attorney shall possess and exercise all the powers and duties now or hereafter given to that office by the constitution, by law or by ordinance, including, but not limited to the oversight of and supervision over any countywide anti-drug/anti-crime sales tax imposed pursuant to section 67.547 of the Revised Statutes of Missouri, subject to all applicable County ordinances. The expenditure of anti-drug/anti-crime sales tax funds shall be subject to budget, review, and approval by the County Legislature pursuant to this charter and county ordinances. The Prosecuting Attorney may independently contract for services to support the Prosecuting Attorney’s Office, in compliance with Missouri law and county ordinances governing contracts, without the approval of, or review by, the County Executive, provided that any such contract in excess of $10,000 shall be submitted to the County Legislature for approval.  The Prosecuting Attorney shall appoint a lawyer or lawyers to prosecute cases arising in the County Municipal Court.

 

Section 5.  The Prosecuting Attorney shall devote full time to the duties of the office, and shall receive an annual salary [of $108,436] equal to that of a judge of the Missouri Court of Appeals.

 

Section 6.                       The County Counselor shall be appointed by the County Executive, as provided in this charter, for a term of four years which shall run concurrent with the term of the County Executive.  The County Counselor shall devote full time to the office, and shall be the county’s attorney and counselor at law. The County Counselor may be removed by the County [Executive] Legislature at any time [for cause, subject to disapproval by the County Legislature within fifteen days after notice is filed with the Clerk of the County Legislature] with the affirmative vote of six of its members.  The County Counselor shall appoint or designate persons to serve as associate and assistant counselors and staff as may be authorized by county ordinance, either by appointment or by contract.

Section 7.  The County Counselor and assistants under his or her direction shall have charge of and conduct all of the civil law business of the county, and the departments, officers, boards and commissions, institutions and agencies thereof.  The County Counselor shall upon request furnish written opinions to any county officer or department. The County Counselor shall prepare or approve as to form all leases, deeds, contracts, bonds, ordinances, rules, regulations, drafts of legislation, and other instruments relating to the business of the county.  The County Counselor shall institute and prosecute all proceedings for collection of delinquent taxes [and violations of county ordinances].  The County Counselor shall not institute any lawsuit to which the County Legislature is a party without the consent of the County Legislature.  The County Counselor shall enter into no contract for legal or other services until such contract has been approved by the County Legislature.

 

ARTICLE VII.

 

LAW ENFORCEMENT

 

Section 1.  The Sheriff shall be elected for a term of four years at the general election in 1972, and every four years thereafter. The Sheriff shall take office on January 1 following his or her election.  The Sheriff shall be a qualified voter and shall have been domiciled in the county for at least three years before assuming the office.  Effective January 1, 1979, the Sheriff further shall have met, prior to filing for office, the training qualifications required by state law of police officers serving in first class charter counties.  No person shall be eligible for the office of Sheriff who has been convicted of a felony.  No Sheriff may serve more than three consecutive full terms commencing on or after January 1, 2021. The Sheriff shall forfeit office if he or she:

 

1.  Ceases to be a qualified voter of the county;

2.  Removes his or her residence from the county:

 

3.  Holds any other federal, state, county, or municipal elective office;

 

                      

4.   Owes federal income tax, Missouri state income tax, or Missouri local tax which remains unpaid for more than twelve months after such tax debt becomes final under the law of the jurisdiction assessing such tax, unless a payment plan to resolve such delinquency is in effect and is current on its terms.

 

5.   Accepts any loan, gift, or other item of value above $500.00 from any employee, vendor, or contractor of the county, for which services of equal value have not been rendered.

 

 

Section 4.  The Sheriff shall have supervision, management and control of his or her deputies, the county highway patrol, and police officers appointed by him or her, and shall be responsible for the efficient and effective administration and performance of the duties, powers and functions of protecting rights and suppression of crime and other policing and law enforcement, including traffic patrol, in the county.  The Sheriff shall have supervision, management, and control of the county detention center and any other detention facilities operated by the county, subject only to approval of contracts and budgets by the County Legislature, and subject to applicable county ordinances.  The Sheriff may independently contract for services to support the Sheriff’s office, in compliance with Missouri law and county ordinances governing contracts, without the approval of or review by the County Executive, provided that any such contract in excess of $10,000 shall be submitted to the County Legislature for approval.

 

Section 6.  The Sheriff shall devote full time to the duties of the office, and shall receive an annual salary [of $84,339] equal to that of a judge of the Missouri Court of Appeals.

 

Section 7.                     The County Legislature may establish a County Municipal Court consistent with state statutes in which court the [County Counselor] Prosecuting Attorney will prosecute (a) violations of county ordinances [and (b) other non-felony complaint referrals to the County Counselor from the Jackson County Prosecuting Attorney]. 

The County Executive shall appoint the County Municipal Court Judge, subject to disapproval by the County Legislature within fifteen days after notice is filed with the Clerk of the County Legislature.  Any judge appointed to the County Municipal Court shall be licensed to practice law in the state of Missouri, shall be a resident of the county, and shall serve for a term of two (2) years but may be removed sooner, with or without cause, by the County Executive. The County Municipal Court Judge shall have at least three years’ experience as a municipal court judge in the county.  The County Executive may appoint temporary or acting judges in order to handle the work of the court during the disability or absence of a County Municipal Court Judge; said appointment may be made by the County Executive prior to any disability or absence of a County Municipal Court Judge when possible. No temporary or acting judge shall be appointed for a term longer than two (2) years but may be removed sooner, with or without cause, by the County Executive.

 

ARTICLE IX.

MERIT SYSTEM

 

Section 2.  The merit system shall not apply to:  directors of departments, prosecuting attorney and sheriff and their assistant directors/deputy directors, and one secretary for each of them; other elected officers; members of boards and commissions; the clerk of the county legislature, auditor and members of the staff of the county legislature; members of the staff of the county executive including the budget officer and county municipal court administrator; the public administrator; the court administrator and his or her employees except to the extent provided by order of the circuit court en banc; the director of the office of ethics, human relations, and citizen complaints and one secretary appointed by him or her; attorneys, physicians and investigators serving in the offices of the [prosecuting attorney,] county counselor[,] and medical examiner; one secretary appointed by the county counselor and one secretary appointed by the medical examiner; and the director of human resources and one secretary appointed by him or her.  The only other exemptions from the merit system shall be those recommended by the merit system commission and authorized by the county legislature.

ARTICLE XIII.

GENERAL PROVISIONS

 

Section 1.                       Elective officers shall be nominated and elected in the manner provided in the election laws for the nomination and election of state and county officers.  The qualifications for holding an elected office which is established in this Charter shall be limited to only those qualifications specifically outlined in this Charter, with the additional qualification that no person who holds any other federal, state, or municipal elective office shall be eligible to file as a candidate for any county elective office.

 

 

Section 3.  The qualified voters at said election shall vote by ballot and the ballots to be used at said election shall contain the following language:

JACKSON COUNTY, MISSOURI

QUESTION # 1

GENERAL ELECTION

NOVEMBER 6, 2018

OFFICIAL BALLOT

 

 

Shall Sections 6, 12, 13, 15, and 16 of Article II and Section 6.1 of Article III of the Jackson County Charter, adopted by vote on November 3, 1970, and as amended in public vote on August 8, 1978, April 2, 1985, November 4, 1986, August 2, 1994, and August 3, 2010, be amended in various sections to provide term limits for members of the County Legislature, to eliminate the County Executive’s power to veto an ordinance passed by the County Legislature to submit a charter amendment to the voters, to eliminate the County Executive’s power to line-item veto a portion or portions of an appropriation ordinance, to modify the specific circumstances under which members of the County Legislature shall forfeit office, to provide a salary increase for members of the County Legislature, to grant the County Legislature the power to disapprove the County Executive’s appointment of acting or interim department directors and other officers, to grant the County Legislature the power to amend the adopted county budget, and to clarify the authority of advisors employed by the County Legislature?

                                                               YES                                                               9

NO                                          9

If you are in favor of the question, place an "x" in the box opposite "Yes."  If you are opposed to the question, place an "x" in the box opposite "No."

 

JACKSON COUNTY, MISSOURI

QUESTION # 2

GENERAL ELECTION

NOVEMBER 6, 2018

OFFICIAL BALLOT

 

Shall Article III of the Jackson County Charter, adopted by vote on November 3, 1970, and as amended in public vote on August 8, 1978, April 2, 1985, November 4, 1986, August 2, 1994, and August 3, 2010, be amended in various sections to provide term limits for the County Executive, to set out specific circumstances under which the County Executive shall forfeit office, to restrict the power of the County Executive to employ experts and consultants, to require the County Executive to notify the County Legislature of any correction of errors in assessment and tax records, and to provide a salary increase for the County Executive?

YES                                          9

NO                                          9

If you are in favor of the question, place an "x" in the box opposite "Yes."  If you are opposed to the question, place an "x" in the box opposite "No."

 

 

 

 

 

 

 

 

 

 

JACKSON COUNTY, MISSOURI

QUESTION # 3

GENERAL ELECTION

NOVEMBER 6, 2018

OFFICIAL BALLOT

 

Shall Sections 6 and 7 of Article IV and Sections 1, 4, and 6 of Article VII of the Jackson County Charter, adopted by vote on November 3, 1970, and as amended in public vote on August 8, 1978, April 2, 1985, November 4, 1986, August 2, 1994, and August 3, 2010, be amended to provide term limits for the Sheriff, to set out specific circumstances under which the Sheriff shall forfeit office, to grant the Sheriff the duty and authority to operate the county detention center and other detention facilities, to grant the Sheriff limited authority to enter into contracts to support the Sheriff’s Office, and to provide a salary increase for the Sheriff?

YES                                          9

NO                                          9

If you are in favor of the question, place an "x" in the box opposite "Yes."  If you are opposed to the question, place an "x" in the box opposite "No."

 

 

 

 

 

 

 

 

 

 

 

JACKSON COUNTY, MISSOURI

QUESTION # 4

GENERAL ELECTION

NOVEMBER 6, 2018

OFFICIAL BALLOT

 

 

Shall Sections 1, 3, 5, and 7 of Article V, Section 7 of Article VII, and Section 2 of Article IX of the Jackson County Charter, adopted by vote on November 3, 1970, and as amended in public vote on August 8, 1978, April 2, 1985, November 4, 1986, August 2, 1994, and August 3, 2010, be amended to provide term limits for the Prosecuting Attorney, to set out specific circumstances under which the Prosecuting Attorney shall forfeit office, to grant the Prosecuting Attorney broad authority over the County’s anti-drug/anti-crime sales tax subject to prescribed legislative oversight and limited authority to enter into contracts to support the Prosecuting Attorney’s Office, to grant the Prosecuting Attorney sole authority to prosecute cases in County Municipal Court, to provide a salary increase for the Prosecuting Attorney, and to place attorneys and investigators within the Prosecuting Attorney’s Office under the County’s merit system of personnel administration?

                                                               YES                                          9

NO                     9

If you are in favor of the question, place an "x" in the box opposite "Yes."  If you are opposed to the question, place an "x" in the box opposite "No."

 

 

 

 

JACKSON COUNTY, MISSOURI

QUESTION # 5

GENERAL ELECTION

NOVEMBER 6, 2018

OFFICIAL BALLOT

 

Shall Sections 6 and 7 of Article V of the Jackson County Charter, adopted by vote on November 3, 1970, and as amended in public vote on August 8, 1978, April 2, 1985, November 4, 1986, August 2, 1994, and August 3, 2010, be amended to grant the County Legislature the authority to remove the County Counselor and to restrict the County Counselor’s authority to enter into contracts for legal services without legislature approval and to file lawsuits involving the County Legislature?

                                                               YES                                          9

NO                     9

If you are in favor of the question, place an "x" in the box opposite "Yes."  If you are opposed to the question, place an "x" in the box opposite "No."

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JACKSON COUNTY, MISSOURI

QUESTION # 6

GENERAL ELECTION

NOVEMBER 6, 2018

OFFICIAL BALLOT

 

Shall Section 7 of Article VII of the Jackson County Charter, adopted by vote on November 3, 1970, and as amended in public vote on August 8, 1978, April 2, 1985, November 4, 1986, August 2, 1994, and August 3, 2010, be amended to modify the qualifications for appointment as Judge of the County Municipal Court?

                                                               YES                                          9

NO                     9

If you are in favor of the question, place an "x" in the box opposite "Yes."  If you are opposed to the question, place an "x" in the box opposite "No."

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JACKSON COUNTY, MISSOURI

QUESTION # 7

GENERAL ELECTION

NOVEMBER 6, 2018

OFFICIAL BALLOT

 

Shall Article XIII of the Jackson County Charter, adopted by vote on November 3, 1970, and as amended in public vote on August 8, 1978, April 2, 1985, November 4, 1986, August 2, 1994, and August 3, 2010, be amended to bar a current holder of any other federal, state, or municipal elective office from filing as a candidate for any County elective office?

                                                               YES                                          9

NO                     9

If you are in favor of the question, place an "x" in the box opposite "Yes."  If you are opposed to the question, place an "x" in the box opposite "No.”

 

 

 

 

 

 

 

 

 

Section 4.                      If a majority of the qualified voters voting at said election shall vote in favor of the approval of any ballot question submitted by this Ordinance, the amended provisions related to that ballot question shall be binding and shall become effective January 1, 2019, subject to any transition provisions contained herein. 

 

Section 5.                      The Clerk of the Legislature is hereby authorized and directed to notify the Jackson County and Kansas City Boards of Election Commissioners of the adoption of this Ordinance no later than 5:00 p.m. on August 28, 2018, and to include in said notification all of the terms and provisions required by '115.125, RSMo 2016...Enacted and Approved

Effective Date:  This ordinance shall be effective upon its signature by the County Executive, and in accordance with Section 4 hereof.

 

 

APPROVED AS TO FORM:

 

___________________________                     _____________________________

Chief Deputy County Counselor        County Counselor

 

I hereby certify that the attached Ordinance, Ordinance No. 5102 introduced on June 11, 2018, was duly passed on August 13, 2018 by the Jackson County Legislature.  The votes thereon were as follows:

 

 

Yeas                                          _______6________                                          Nays                     _______3_______

 

Abstaining                     ________0_______                                          Absent ______0_______

 

This Ordinance is hereby transmitted to the County Executive for his signature.

 

 

____________________                                                               ________________________________

Date                                                                                                                              Mary Jo Spino, Clerk of Legislature

 

I hereby approve the attached Ordinance No.5102.

 

 

_________________                                                               ________________________________

Date                                                                                                                              Frank White, Jr., County Executive