Article 1. Elected Officials

2.1.1.     Mayor election and term of office.

The Mayor shall be elected for a four year term and until a successor has been duly elected and qualified. The Mayor whose term expires in December of 2023 shall continue to serve until that Mayor’s successor is duly elected and qualified following the elections held on the Tuesday following the first Monday of November 2023. The Mayor elected in November of 2023 shall serve a four year term.

Term limitations for mayor.

No person shall qualify to run as a candidate for Mayor of the City of Bel Aire if that person has served eight (8) years consecutively as a duly elected Mayor of the City of Bel Aire. Such person is qualified to run for Mayor after the completion of a four (4) year break from elected service as Mayor. The term of office for each duly elected Mayor shall commence upon that candidate being sworn in as Mayor. Any break in service less than four (4) years shall be considered consecutive. A person’s term will not be considered to be consecutive if there is at least a four (4) year break between the conclusion of serving a duly elected term as Mayor and the commencement of that same person’s newly elected term as Mayor. No person shall qualify to run for Mayor if that person cannot qualify to complete an entire term at the time of the election.

Exception to Term Limitations for Mayor. Any time a person served filling a vacancy or by virtue of completing Mayor duties as Council president shall not count towards consecutive terms. Any time a person served as Mayor prior to 2023 shall not count towards consecutive terms for the purpose of this section.

(C.O. No. 16; C.O. No. 17; C.O. No. 22; C.O. No. 23)

2.1.2.     Powers of mayor.

The Mayor shall preside at all meetings of the City Council, and shall have a casting vote when the council is equally divided. A majority vote of the whole number of the Governing Body, with the council and the Mayor having a vote, is required to pass a charter ordinance, to suspend or remove an appointed officer or to authorize the City Manager to sign a contract or agreement.

The Mayor shall sign all non-appropriation ordinances and resolutions passed by the Council; provided, that the Mayor shall have the power to veto any ordinance or resolution passed by the Council, except the Mayor shall have no power to veto a charter or appropriation ordinance, or the Council’s confirmation of an appointed officer. If the Mayor has failed to sign or veto such ordinance or resolution, by the first regular meeting following the adoption of such ordinance or resolution, the same shall take effect without the Mayor’s signature. Any ordinance or resolution vetoed by the Mayor may be passed over the veto by the vote of two-thirds of the whole number of the council members-elect. It shall be the duty of the Mayor to sign all contracts and agreements authorized by the Governing Body, except those contracts and agreements designated by the Governing Body to be signed by the City Manager.

The Mayor shall represent the City Governing Body at all official City functions and shall be the official representative of the Governing Body at all meetings, conferences and negotiations relating to policy matters involving other governmental units and shall recommend council action relating thereto. The Mayor may delegate City representation at various functions to council members or person on the City staff. The Mayor may annually or on a more frequent basis communicate to the council and citizens such information as he or she may possess with reference to the condition of the City, and recommend such measures as he or she may deem necessary and expedient. The Mayor may inform the council concerning questions of policy and make policy recommendations to the council.

(C.O. No. 14)

2.1.3.     Council member positions and terms of office.

There are hereby established five council member positions, which shall be elected at large from the City of Bel Aire, Kansas. Two council member positions shall be filled by election on the first Tuesday in April in 1999. The remaining three council member positions shall be filled by election on the first Tuesday in April of 2001. Council persons shall be elected to serve four (4) year terms. The term of the Mayor shall be for two (2) years. On and after January 1, 2017, all general elections for members of the Governing Body shall be held on the Tuesday succeeding the first Monday in November. Persons elected to serve as a member of the Governing Body in an April election held prior to January 1, 2017, whose term of office was to expire in 2017, shall continue to serve until the second Monday in January, 2018, and those whose term was to expire in 2019, shall continue to serve until the member’s successor is sworn in in December of 2019, but not later than the same day of first regular meeting in December. Beginning in 2019, the term for all Governing Body members elected during the general elections in November shall begin upon the member’s swearing in. All such members shall be sworn in by the first regular meeting of the Governing Body in December of the same year such members were elected.

Term Limitations for Council.

No person shall qualify to run as a candidate for a City of Bel Aire Council seat if that person has served eight (8) years consecutively as a duly elected Council Member of the City of Bel Aire. Such member is qualified to run for council after the completion of a four (4) year break from elected service to the Council. The term of office for each duly elected Council member shall commence upon that member being sworn in to a Council member seat. Any break in service less than four (4) years shall be considered consecutive for the purpose of this section. A person’s term will not be considered to be consecutive if there is at least a four year break between the conclusion of an elected term and the commencement of that same person’s newly elected term. No person shall qualify to run for a Council member seat if that person cannot qualify to complete an entire term at the time of the election.

Exception to Term Limitations for Council. The term limitations set by this section shall not apply to Council appointments so serving in an appointed term shall not count towards consecutive terms. Any terms served as a Council member prior to November 2023 shall not count towards consecutive terms for the purpose of this section.

(C.O. No. 20; C.O. No. 21)

2.1.4.     Regular meetings of City Council.

Regular meetings of the City Council shall be held at the Bel Aire City Hall, 7651 Central Park Avenue, Bel Aire, Kansas on the first (1st) and third (3rd) Tuesday of each month at seven o’clock (7:00) p.m. However, when any date fixed by this Code for a regular meeting of the City Council of the City of Bel Aire, Kansas falls on a legal holiday or a day observed as a holiday by the City of Bel Aire, Kansas, the regular meeting shall be held on the next secular or business day thereafter that is not observed as a legal holiday or as ordered by the City Council of the City of Bel Aire, Kansas at or before its previous regular meeting.

(Ord. 413)

2.1.5.     Special meetings of City Council.

Special meetings may be called by the Mayor or acting Mayor, on the written request of any three members of the City Council, specifying the object and purpose of such meeting, which request shall be read at the meeting, and entered at length in the minutes. A special meeting will be called for the second Monday in January of 2018, and in each succeeding even numbered year for the purpose of concluding the general obligations of all outgoing members of the Governing Body, and for swearing in the newly elected members of the Governing Body.

(K.S.A. 14-111; K.S.A. 25-21a01)

2.1.6.     City Council quorum.

Three (3) City Council Members shall be a quorum for the purpose of transacting all business of any kind whatsoever of the City of Bel Aire, Kansas, and none of the powers of the City Council of the City of Bel Aire, Kansas shall be exercised unless a quorum of City Council Members shall be present at a properly constituted open meeting; however a smaller number may adjourn a meeting.

(Ord. 465)

2.1.7.     City Council president.

Council shall elect from its membership a President of the Council, in February of each year. The President of the Council shall exercise the duties of the office of the Mayor when the Mayor is temporarily unable to serve, but shall retain the rights and obligations of a council member. If a vacancy occurs in the office of the Mayor by death, resignation, removal from the City, removal from office, refusal to qualify, or otherwise, the President of the Council shall become Mayor and shall serve until the next regular election for that office. A vacancy will be created in the office of the council member becoming Mayor, which shall be filled in the same manner as any other council position vacancy. The council shall elect from its membership a new President of the Council.

(C.O. No. 17)

2.1.8.     City Council vacancy.

If a vacancy occurs on the City Council by death, resignation, removal from the City, removal from office, refusal to qualify, or otherwise, the vacancy shall be filled by appointment of the Governing Body of the City within 120 days following the creation of the vacancy. Such appointee shall serve for the period from and after the date of appointment until the next regular November election, and the appointee shall serve until the second Monday in January following such November City election. In any November election that includes a position for an unexpired term of a council position, the top vote recipients will fill the open full term positions, and the next highest vote recipient will fill the position with the unexpired term.

(C.O. No. 17)

2.1.9.     Compensation established.

There is hereby established a salary of Six Thousand Dollars ($ 6,000) per year for the office of Mayor of the City of Bel Aire, Kansas. Said salary accrues on a monthly basis and is payable to the person lawfully holding said office, in twelve equal monthly payments.

There is hereby established a salary of Three Thousand Dollars ($3,000) per year for the office of Council member of the City of Bel Aire, Kansas. Said salary accrues on a monthly basis and is payable to the person lawfully holding said office, in twelve equal monthly payments

(Ord. 477; Ord. 729)

2.1.10.     Wards in the city.

The City hereby elects to make inapplicable to it, and does exempt itself, from the provisions of K.S.A. 14-103, and those portions of K.S.A. 14-204, requiring the creation of wards and the election of two council members from each ward for two year terms at the city election.

(C.O. No. 17)

2.1.11.     Exemptions from state law.

Pursuant to the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, the City of Bel Aire, Kansas does hereby elect to exempt itself from and make inapplicable to this city all portions of the following statutes which are Acts of the Kansas Legislature that are non-uniform in application: K.S.A. 14-103, regarding dividing the City into Wards; K.S.A. 14-204, regarding selecting councilmembers from Wards, and provisions associated with vacancy in the office of Mayor; K.S.A. 14-308, regarding vacancy in the office of Mayor or Council; and L. 2015, ch. 88, Sec. 71 (codified at K.S.A. 12-104a), regarding vacancies in the office of a member of the Governing Body. Additionally, Charter Ordinance 17 repealed all previous Charter Ordinances legislating upon these matters, which are Charter Ordinances, 3, 7, and 16.

(C.O. No. 17)

2.1.12.     Elections shall be nonpartisan.

City elections shall be nonpartisan.

(K.S.A. 25-2113)

2.1.13.     Nomination petition requirements.

In accordance with K.S.A. 25-205 and amendments thereto, any resident of the City of Bel Aire may become a candidate for city office elected at large by having had filed on their behalf, a nomination petition or a declaration of candidacy, accompanied by any fee required by law. The nomination petition must be signed by a minimum of one (1) of the qualified electors of the City of Bel Aire.