Ark City mulls change in quorum number

Arkansas City commissioners are expected to begin a public discussion next month about whether to increase the number of commissioners required to conduct city business.

When they meet tonight, city commissioners will consider setting a public hearing for July 3 to discuss increasing the quorum ? the number of commissioners needed to hold a meeting ? from three to four.

Ark City has a five-member governing body.

In a written memo to commissioners, city attorney Tamara Niles outlined the procedure for changing the quorum requirement. The memo was prepared in response to questions from commissioners about how the change could be made.

Niles writes that the switch would be possible only through the use of a charter ordinance. That type of ordinance allows cities to deviate from state law but only after allowing 60 days for a protest petition to be filed by anyone opposing the change.

To protest, a petition signed by 10 percent of voters who voted in the last city election would be required. A petition would force a public vote on the issue for the quorum change to be made.

Niles said the most significant difference would be that only one commissioner could be absent at any meeting.

A byproduct of the change would be the altering of the city’s majority of a quorum. State law prohibits a majority from discussing public business outside of a meeting.

At the moment, that means that even two commissioners ? because two is a majority of a three-person quorum ? are forbidden from talking about city business. If the number is changed to four then two commissioners could meet privately without violating Kansas opening meeting laws.