15-201. Election of officers; terms; vacancies. Every two years an election shall be held for a mayor, and five council members. The mayor and council members shall hold their offices for two years and until their successors are elected and qualified.
Subject to the provisions of K.S.A. 12-16,128, and amendments thereto, in case of a vacancy in the council occurring by reason of resignation, death, or removal from office or from the city, the mayor, by and with the advice and consent of the remaining council members, shall appoint an elector to fill the vacancy until the next election for that office. In case any person elected as a council member neglects or refuses to qualify within 30 days after election, the council member shall be deemed to have refused to accept the office and a vacancy shall exist. Subject to the provisions of K.S.A. 12-16,128, and amendments thereto, the mayor may, with the consent of the remaining council members, appoint a suitable elector to fill the vacancy.
In case of a vacancy in the office of mayor, the president of the council shall become mayor until the next regular election for that office and a vacancy shall occur in the office of the council member becoming mayor.
History: L. 1871, ch. 60, § 5; L. 1903, ch. 137, § 1; R.S. 1923, § 15-201; L. 1945, ch. 148, § 1; L. 1951, ch. 137, § 4; L. 1967, ch. 90, § 11; L. 1968, ch. 274, § 44; L. 1982, ch. 83, § 4; L. 2008, ch. 163, § 12; July 1.
Source or Prior Law:
L. 1869, ch. 26, §§ 9, 10.
Revisor's Note:
Chapter 138 of the Laws of 1903 purports to amend § 6 of ch. 19 of G.S. 1901, which had been amended and repealed by L. 1903, ch. 137, § 1.
Cross References to Related Sections:
Additional powers of president, see 15-311.
Law Review and Bar Journal References:
Cited in "City Home Rule in Kansas," Wright W. Crummett, 9 W.L.J. 1, 19 (1969).
Attorney General's Opinions:
Election, appointment, removal and filling vacancies of city officers of city of third class. 81-46.
Removal of city council member of city of third class because of frequent absences from council meetings. 82-35.
Election of city officers; terms; vacancies; removal of officers. 84-123.
Election, appointment and removal of officers; qualifications of officers; qualified elector; provision nonuniform. 85-25.
Open public meetings; membership of a body; mayor-council form of government does not include mayor to constitute a quorum. 86-110.
Election of officers; terms; vacancies. 86-146.
Qualifications of city officers in cities of third class; vacancies. 90-66.
Filling vacancy in office of city mayor in cities of third class; powers and duties. 90-85.
City charter ordinance effective although never filed with secretary of state. 1999-65.
City governing body that rejects mayoral appointment must make determination the candidate is unfit or unqualified; basis for determination not required. 2008-23.
CASE ANNOTATIONS
1. Change of class of city; powers of officers holding over. Ritchie v. City of South Topeka, 38 Kan. 368, 16 P. 332.
2. Appointment to fill vacancy in council; council's approval; section construed. Tucker v. Raney, 145 Kan. 256, 257, 65 P.2d 329.
3. Mentioned in holding legislature may give police judge jurisdiction to hear cases for collection of forfeited recognizances. Holland v. Lutz, 194 Kan. 712, 717, 401 P.2d 1015.
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