Before giving instructions for altering the law, I want to give a warning and recommendation.
Central Kansas Library System does not recommend adding board members living outside your city limits because they do not represent people paying the taxes supporting your library.
If your library board decides to pass this ordinance, we recommend no more than 2 board members outside city limits. If a library board had, say 3 members living outside town, then, in a meeting of 5 board members of a seven member board, the three members could pass policies not favored by those living in town.
Therefore, your resolution should
- state the 2 member limit living outside city limits, and
- define where board members can live. The sample resolution below names two townships. Your resolution can name one or more townships, or a border created by a highway, or any other way of designating a specific area outside of town.
Step 1. The library board should pass in a board meet a charter resolution something like this.
Whereas the [Name of library] Library is having difficulty finding seven citizens willing to sit on the library board, the library board, hereby, passes the following resolution: “All members appointed to a library board shall be residents of the City of [Name of city] or [Name of township 1] Township and [Name of township 2] Township. The library board may have no more than two members at one time living outside the City of [Name of city].”
Step 2. Pass this resolution to the city. The city may pass or vote down the resolution.
Step 3. If they pass the resolution, they need to pass a charter ordinance that looks something like this.
Charter Ordinance No. #####
A CHARTER ORDINANCE EXEMPTING THE CITY OF [City name], KANSAS, FROM THE PROVISIONS OF K.S.A. 12-1222, AND ALLOWING THE MAYOR TO APPOINT TRUSTEES OUTSIDE THE MUNICIPALITY.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF [city name], KANSAS:
Section 1. The City of [CITY NAME], Kansas, by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas hereby elects to and does exempt itself and make inapplicable to K.S.A. 12-1222 which applies to this city but does not apply uniformly to all cities.
Section 2. All officers elected or appointed shall be residents of the municipality, except the city may appoint as members of the library board a maximum of 2 residents from outside the city, but within [Name of Township 1] (and [Name of Township 2] or [any other geographical definition]).
Section 3. This Charter Ordinance shall be published once each week for two consecutive weeks in the official city newspaper.
Section 4. This Charter Ordinance shall take effect 61 days after the final publication unless a sufficient petition for a referendum is filed, requiring a referendum to be held on the ordinance as provided by Article 12, Section 5, Subsection (C3) of the Constitution of the State of Kansas, in which case this charter Ordinance become effective upon approval by the majority of the electors voting thereon.
Passed by the Governing Body, not less than two-thirds of the members elect voting in favor thereof, this [#] day of [MONTH], [YEAR]. _____________________________ Mayor Attest: City Clerk
