AGO 1989-053.

• Case Date: April 27, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-053. April 27, 1989ATTORNEY GENERAL OPINION NO. 89-53Robert J. Watson City Attorney City Hall Law Department 8500 Santa Fe Drive Overland Park, Kansas 66212 Re: Cities and Municipalities--City Manager Plan; Cities, First Class--Mayor-Council-City Manager Form of Government; Filling Council VacanciesElections--City Elections--Partisan City Elections; Vacancies in City Offices Kansas Constitution--Corporations--Cities' Powers of Home Rule Synopsis: The city of Overland Park adopted a charter ordinance exempting itself from statutory provisions concerning filling city council vacancies. The charter ordinance was within the city's constitutional home rule powers, and was lawfully enacted. In accordance with the language of the charter ordinance, if the council rejects the recommendation to fill a vacancy made by the precinct committeepersons, the committeepersons must then recommend "another person", meaning someone else, or a different person. Cited herein: K.S.A. 12-1036a; 12-1036d; 25-2113; Kan.Const., Art. 12, § 5. * * * Dear Mr. Watson: As city attorney, you have requested our opinion concerning filling vacancies on the Overland Park city council. The City of Overland Park, a city of the first class, operates under the mayor-council-city manager plan pursuant to K.S.A. 12-1036a et seq. City officers are elected on a partisan political basis. K.S.A. 25-2113(b). See Attorney General Opinion No. 85-20. K.S.A. 12-1036d provides that vacancies on a city council of a first class city with a mayor-council-manager form of government are to be filled as follows:

"A vacancy in the office of councilman shall be filled by the council, as the case may be, until the next regular city election and a councilman has been duly elected for the unexpired two-year term and has qualified, or until the next regular city election and a councilman has been duly elected for a full term and has qualified."

You inform us that Overland Park has "chartered-out" of the above provision. Specifically, on December 3, 1962, charter ordinance no. 1 was adopted, exempting the city of Overland Park from four statutes, including K.S.A. 12-1036d. Charter ordinance no. 1-A, adopted September 25, 1967, amended the first charter ordinance by substituting a section concerning vacancies in office:

"A vacancy in the

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