[As Amended by House Committee of the Whole]          

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Session of 2000
          SENATE BILL No. 566           By Committee on Federal and State Affairs           2-3          

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10             AN  ACT concerning certain cities [municipalities]; relating to the
11             change in classification thereof [the classification of certain cities;
12             relating to public employees of certain cities and counties];
13             amending K.S.A. 14-101 [and 75-4321] and repealing the existing
14             section [sections].
15      
16       Be it enacted by the Legislature of the State of Kansas:
17             Section  1. K.S.A. 14-101 is hereby amended to read as follows: 14-
18       101. (a) All cities now organized and acting as cities of the second class,
19       by virtue of the authority of former acts, and all cities hereafter attaining
20       a population of more than two thousand (2,000) 2,000 and less than fifteen
21       thousand (15,000) 15,000, shall be governed by the provisions of this act;
22       and whenever any city shall have hereafter attained a population of more
23       than two thousand (2,000), and such facts shall have been duly ascertained
24       and certified by the proper authorities of such city. Except as provided
25       by this section, whenever the population of a city exceeds 2,000, the gov-
26       erning body of such city shall certify such fact to the governor,. The
27       governor shall declare, by public proclamation, such city subject to the
28       provisions of this act: Provided, That. If the governing body of any city
29       which has attained a population of more than two thousand (2,000) 2,000
30       and less than five thousand (5,000) 5,000 shall determine by resolution
31       duly adopted that it would be more advantageous for such city to continue
32       to operate as a city of the third class, such governing body shall not be
33       required to so certify the population of such city to the governor and the
34       laws relating to the cities of the third class shall continue to be applicable
35       to such city. The governing body of such city shall, at the time of making
36       the certificate herein provided for, make out and the certification required
37       by this section shall transmit to the governor an accurate description by
38       metes and bounds of all the lands included within the limits of such city,
39       and the additions thereto, if any.
40             (b) The change in classification of any city under the provisions of
41       this section shall take effect on the date the proclamation of the governor
42       is issued unless a later date is specified therein, in which case the change
43       and classification shall take place on such later date. The governing board

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  1       body of any such city, holding office at the time of the proclamation, shall
  2       continue to be the governing board body of such city and the members
  3       of such board shall hold their respective offices until the next city election
  4       in an odd-numbered year.
  5             (c) Whenever the governor shall make issues a proclamation as herein
  6       provided for required by this section, it shall be the duty of the mayor of
  7       the city affected thereby to call a meeting of the city council, and the
  8       governing body shall. At such meeting, the governing body shall divide
  9       the city into wards.
10             Thereupon, except as is otherwise provided by law, the county election
11       officer shall provide for registration of voters within ten (10) 10 days.
12             (d) The governor or the governor's designee shall send a notice of the
13       issuance of a proclamation by the governor pursuant to this section to the
14       county clerk of the county in which such city is located. Such notice also
15       shall include a statement that land within the corporate limits of such city
16       is no longer located within the territory of any township. If such city is
17       located in more than one county, such notice shall be sent to the county
18       clerk of each county in which such city is located.
19        [Sec.  2. K.S.A. 75-4321 is hereby amended to read as follows:
20       75-4321. (a) The legislature hereby finds and declares that:
21             [(1) The people of this state have a fundamental interest in the
22       development of harmonious and cooperative relationships be-
23       tween government and its employees;
24             [(2) the denial by some public employers of the right of public
25       employees to organize and the refusal by some to accept the prin-
26       ciple and procedure of full communication between public em-
27       ployers and public employee organizations can lead to various
28       forms of strife and unrest;
29             [(3) the state has a basic obligation to protect the public by
30       assuring, at all times, the orderly and uninterrupted operations
31       and functions of government;
32             [(4) there neither is, nor can be, an analogy of statuses between
33       public employees and private employees, in fact or law, because
34       of inherent differences in the employment relationship arising out
35       of the unique fact that the public employer was established by and
36       is run for the benefit of all the people and its authority derives not
37       from contract nor the profit motive inherent in the principle of
38       free private enterprise, but from the constitution, statutes, civil
39       service rules, regulations and resolutions; and
40             [(5) the difference between public and private employment is
41       further reflected in the constraints that bar any abdication or bar-
42       gaining away by public employers of their continuing legislative
43       discretion and in the fact that constitutional provisions as to con-

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  1       tract, property, and due process do not apply to the public em-
  2       ployer and employee relationship.
  3             [(b) Subject to the provisions of subsection (c), it is the purpose
  4       of this act to obligate public agencies, public employees and their
  5       representatives to enter into discussions with affirmative willing-
  6       ness to resolve grievances and disputes relating to conditions of
  7       employment, acting within the framework of law. It is also the
  8       purpose of this act to promote the improvement of employer-em-
  9       ployee relations within the various public agencies of the state and
10       its political subdivisions by providing a uniform basis for recogniz-
11       ing the right of public employees to join organizations of their own
12       choice, or to refrain from joining, and be represented by such or-
13       ganizations in their employment relations and dealings with public
14       agencies.
15             [(c) The governing body of any public employer, other than the
16       state and, its agencies and any city, county or school district with an
17       employment of more than 100 full-time equivalent (FTE) employees, by
18       a majority vote of all the members may elect to bring such public
19       employer under the provisions of this act, and upon such election
20       the public employer and its employees shall be bound by its pro-
21       visions from the date of such election. Once an election has been
22       made to bring the public employer under the provisions of this act
23       it continues in effect unless rescinded by a majority vote of all
24       members of the governing body. No vote to rescind shall take ef-
25       fect until the termination of the next complete budget year follow-
26       ing such vote.]
27        Sec.  2. [3.] K.S.A. 14-101 is [and 75-4321 are] hereby repealed.
28        Sec.  3. [4.] This act shall take effect and be in force from and after
29       its publication in the statute book.