In order to ensure the integrity and the validity of the process, the City contacted a third party, Lathrop and Gage. They identified items that do not meet specific statutory requirements. The opinion letter is attached.
The City became aware of the issues in late August. City officials notified the appropriate officials at that time.
Ethically, the City cannot give legal advice to any private citizen. Another body maintains that statutory authority.
The City has 20 days to file with the court, but plans to do so by the beginning of next week. At that point, we are asking that the court follow the 20 day statutory guideline on issuing a judgment.
We won’t know the answer to that question until after we receive the court’s decision.
The governing body can vote to repeal the ordinance in question, or they can decide to schedule an election. Our governing body is the only party with authority to call an election on this issue.
The governing body would only call an election after the appropriate court determination. The City has been told the County requires a 90 to 120 day notice depending on the type of election.
The City would bear the cost of an election. We have been told it would cost $168- to $200-thousand dollars.
Upon receiving the petition back from the County election office, our City Clerk developed a certification form, verified the County’s certification, and approved receipt of the petition.
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Topeka, KS 66603