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1. Ordinance 1733 - Amending Ordinance 1166 - Mayoral Duties - 2nd ReadingCharles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 101DO0[1)ZMA1Z1 111 TO: Doug Russell, City Manager' FROM: Charles Harball, City Attorney Tel 406.758.7709 Fax 406.758.7771 charball@kalispell.com SUBJECT: Ordinance No. 1733 — Amending the Kalispell Administrative Code Regarding Mayoral Board Appointments MEETING DATE: December 16, 2013 — Regular Council Meeting — Second Reading BACKGROUND: The Administrative Code of the City of Kalispell defines the duties of the Mayor, specifically at KMC 2-3, regarding the Mayor's "appointment, with the consent of the City Council, of all members of advisory boards and commissions." The City Council discussed this policy at a workshop held on November 25, 2013 regarding the cumbersome and confusing aspects of this ordinance. A draft ordinance brought forward for consideration of the council maintains the Mayor's duty to recommend applicants for selection, but amends the procedure to require a majority vote of the Council, without giving precedence to the Mayor's vote. This ordinance was passed by Council on first reading on December 2, 2013. RECOMMENDATION: It is recommended that the City Council consider and approve Ordinance No. 1733 on second reading. FISCAL EFFECTS: None Respectfully submitted, Charles Harball, City Attorney ORDINANCE NO.1733 AN ORDINANCE AMENDING THE ADMINISTRATIVE CODE OF THE CITY OF KALISPELL ENACTED AS ORDINANCE NO. 1166 AND CODIFIED IN THE KALISPELL MUNICIPAL CODES AT KMC 2-3 REGARDING THE DUTIES OF THE MAYOR IN APPOINTING MEMBERS OF ADVISORY BOARDS AND COMNIISSIONS, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, the Administrative Code of the City of Kalispell defines the duties of the Mayor, specifically at KMC 2-3, regarding the Mayor's appointment, with the consent of the City Council, of all members of advisory boards and commissions; and WHEREAS, upon consideration over the years of practice of this method of appointment, it is the finding of the City Council that the best interests of the City and its residents will be served by redefining and refining the Mayor's duties and role in the function of appointments to advisory boards and commissions as it relates to the function of the City Council as a whole. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The City of Kalispell Municipal Code codified at Chapter 2 Article 1 is hereby amended as set forth in Exhibit "A", attached hereto and incorporated fully herein by this reference. SECTION II. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION III. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 16TH DAY OF DECEMBER, 2013. Tammi Fisher Mayor Theresa White City Clerk Exhibit "A" 2-3 Duties of Mayor. The Mayor shall: A.Preside at all City Council meetings; B. Appoint, with the eansent of the City Gatineil, all fnember-s of a&iser-y beards and Recommend applicants to the City Council for selection to all advisory boards and commissions. If, upon a vote, the majority of the City Council declines to accept the recommendation of the Mayor, the Mayor shall entertain a motion from any other council member recommending another applicant for the position, if another application has been made, and a majority vote will determine the appointment. C. Execute all ordinances and resolutions on behalf of the City after Council approval; D.Perform ceremonial functions as Mayor of the City of Kalispell; E. Perform any other duties specifically designated by ordinance or resolution. Except for the above, the Mayor shall have no other executive or administrative duties, those being the responsibility of the City Manager.