SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 220498
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Sponsor: Mayor Quinton Lucas
Amending Chapter 2, Code of Ordinances, by repealing Section 2-50 relating to the approval of resolution and ordinance drafts and fiscal notes and enacting in lieu thereof one new section of like number and subject matter related to the approval of resolution and ordinance drafts and docket memos that are required when City staff introduce ordinances; directing the City Manager to review and revise as necessary the administrative regulation concerning procedures for handling ordinance or resolution requests to accommodate this ordinance; and having an effective date.
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WHEREAS, clear communication from staff and shared understanding of legislative items before Council is critical for effective debate and public engagement in the legislative process; and
WHEREAS, Equity exists when all people, regardless of race, sex, sexual orientation, disability, socio-economic status, geographic location, or other societal constructs have fair and just access, opportunity, and resources to achieve their highest potential; and
WHEREAS, Resolution No. 971616, directing staff to include the question “Is it good for the children?” on fact sheets has not yielded substantive evaluation of policy impacts; and
WHEREAS, Section 2-50 of the Code of Ordinances currently requires fiscal notes accompany any ordinance or resolution with fiscal impacts; and
WHEREAS, Rule 3.01 of the Standing Rules of City Council states that ordinances and resolutions shall include a fact sheet and fiscal note or declare no fiscal impact; and
WHEREAS, there are opportunities to improve the current documentation that accompanies ordinances to provide a clearer and more holistic review of the anticipated impacts of those legislative items; NOW THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That Chapter 2, Code of Ordinances, is amended by repealing section 2-50 relating to the approval of resolution and ordinance drafts and fiscal notes and enacting in lieu thereof one new section of like number and subject matter related to the approval of resolution and ordinance drafts and docket memos to read as follows:
Sec. 2-50. Approval of resolution and ordinance drafts; docket memos.
(a) Approval by requestor. No ordinance or resolution initiated and prepared on the request of the mayor or any member of the city council shall be docketed for council action, unless such requesting official shall have indicated in writing that the official approves such resolution or ordinance as drafted, or that the official's approval of the resolution or ordinance is waived.
(b) Docket memos.
(1) A proposed ordinance shall be accompanied by a docket memo before it is heard by any Council committee, unless the ordinance is introduced by a council member, including the mayor, pursuant to Charter Section 501.
(2) The purpose of the docket memo shall be to allow councilmembers and members of the public to easily review the anticipated impacts of legislative items under consideration. A docket memo shall be a brief informational document, written in plain language, conveying the following:
i. Purpose of the legislation, including intended impact on the lives of Kansas Citians, what community needs it responds to, and how it relates to the Citywide Business Plan;
ii. Anticipated impact on public health and safety, including impacts on youth and any housing needs addressed by the action.
iii. If new housing units are created or preserved, the docket memo should also include the total number of units and the number of affordable units, specifically.
iv. Anticipated environmental impacts, including how the legislation advances the City’s climate goals and sustainability for future generations;
v. An equity impact analysis, including how the legislation advances the City’s equal opportunity goals like minority- and women-owned business enterprise (M/WBE) contracting requirements;
vi. Anticipated impacts on city administrative capacity, including government efficiencies the legislation will create and whether capacity exists in-house to implement the legislation or whether additional staffing or outsourcing will be required;
vii. Anticipated fiscal impacts, including how the legislation impacts the City’s overall fiscal health, any upfront and recurring costs, whether those costs have been accounted for in the current adopted city budget, what other funding streams will be leveraged to reduce the cost to taxpayers, and any new revenues generated.
(4) The city manager shall be responsible for the preparation of all docket memos.
(5) The staff sponsor of a proposed ordinance shall forward the proposed ordinance and draft docket memo to the city manager or their designee for review and following such review the docket memo shall be forwarded to the sponsor. Following the sponsor's receipt of a docket memo for a proposed ordinance or resolution, if any substantive changes are made to the proposed ordinance or resolution which would alter the anticipated impacts outlined in the docket memo, then the party making such substantive changes to such proposed ordinance or resolution may request a new docket memo.
(6) A docket memo shall be inserted with the proposed ordinance by the city clerk in city council legislative binders.
Section 2. That the City Manager is directed to review and revise as necessary the administrative regulation concerning procedures for handling ordinance or resolution requests to accommodate section 1 of this ordinance; and to ensure docket memos are appropriately completed, with particular attention to the application of equity and health in all policies frameworks; and to identify if additional training is needed for staff preparing docket memos.
Section 3. That this ordinance shall have an effective date of December 1, 2022.
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Approved as to form and legality:
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Chivonne Scott
Assistant City Attorney