AGO 1989-035.

• Case Date: March 22, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-035. March 22, 1989ATTORNEY GENERAL OPINION NO. 89-35The Honorable Clyde D. Graeber State Representative Forty-First District State Capitol Room 175-W Topeka, Kansas Re: Cities and Municipalities--Modified Mayor-CouncilForm of Government--Adoption of Modified Mayor-Council Form of Government; Submission to Election Synopsis: K.S.A. 12-10a01 provides that any city may adopt the modified mayor-council form of government pursuant to the procedure prescribed therein. The provisions of K.S.A. 12-1019, relating to acceptance of the commission form of government or the mayor-council form of government (and prescribing the form of the ballot for any election held thereunder), do not apply where the question of adopting the modified mayor-council form of government is submitted to voters pursuant to the provisions of K.S.A. 12-10a01. Cited herein: K.S.A. 12-1019; 12-10a01. * * * Dear Representative Graeber: You request our interpretation of K.S.A. 12-1019 and K.S.A. 12-10a01. Specifically, you ask whether voters of the city of Leavenworth may adopt the modified mayor-council form of government without first voting to abandon the commission-manager form of government and to accept either the commission form of government or the mayor-council form of government. The city of Leavenworth is currently organized under the commission-manager act, K.S.A. 12-1001 et seq. Section 17 of that act, as amended, is codified at K.S.A. 12-1019, and provides, in part, as follows:

"Any city of the state of Kansas that has operated for four years or more under the provisions of this act, may abandon such form of organization as is herein provided for and accept either the provisions of the commission form of government law or the mayor and council form of government law, then applicable to cities of its population. Before such abandonment, a proposition to abandon such form of organization and accept the provisions, either of the mayor and commissioner form of government law, or the provisions of the mayor and council form of government law, must first be submitted to a vote of the qualified electors of such city in the manner provided by K.S.A. 12-184. Whenever the proposition to abandon such form of organization shall have been defeated at any election, another election to vote on such proposition shall

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