CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\ARTICLE 2. GOVERNING BODY

The governing body shall consist of a mayor and city council to be elected as set out in Chapter 6 of this code. 

(Code 1991)

All powers exercised by cities of the third class or which shall hereafter be conferred upon them shall be exercised by the governing body, subject to such limitations as prescribed by law. All executive and administrative authority granted or limited by law shall be vested in the mayor and city council as governing body of the city.

(K.S.A. 12-103; Code 1991)

(a)   Regular meetings of the governing body shall be held on the first and third Tuesday of each month at 7:00 p.m. In the event the regular meeting day shall fall on any legal holiday or any day observed as a holiday by the city offices, the governing body shall fix the succeeding day not observed as a holiday as a meeting day.

(b)   Special meetings may be called by the mayor or acting mayor, on the written request of any three members of the city council specifying the object and purpose of such meeting, which request shall be read at a meeting and entered at length on the journal.

(c)   Regular or special meetings of the governing body may be adjourned for the completion of its business at such subsequent time and place as the governing body shall determine in its motion to adjourn.

(K.S.A. 15-106; .Code 1984, 1-101; Code 1991)

In all cases, it shall require a majority of the councilmembers-elect to constitute a quorum to do business.

(K.S.A. 15-106; Code 1984, 1-101; Code 1991)

The mayor shall preside at all meetings of the governing body. The mayor shall have the tie-breaking vote on all questions when the members present are equally divided. The mayor shall:

(a)   Have the superintending control of all officers and affairs of the city;

(b)   Take care that the ordinances of the city are complied with;

(c)   Sign the commissions and appointments of all officers elected or appointed;

(d)   Endorse the approval of the governing body on all official bonds;

(e)   From time to time communicate to the city council such information and recommend such measures as he or she may deem advisable;

(f)    Have the power to approve or veto any ordinance as the laws of the state shall prescribe;

(g)   Sign all orders and drafts drawn upon the city treasury for money.

(K.S.A. 15-301:309; Code 1984, 1-101; Code 1991)

The city council shall elect one of its own body as president of the council. The president of the council shall preside at all meetings of the council in the absence of the mayor. In the absence of both the mayor and the president of the council, the council shall elect one of its members as “acting president of the council.” The president and acting president, when occupying the place of mayor, shall have the same privileges as other councilmembers but shall exercise no veto.

(K.S.A. 15-310; Code 1984, 1-101; Code 1991)

The governing body may designate whether the administration of a policy or the carrying out of any order shall be performed by a committee, an appointive officer, or the mayor. If no administrative authority is designated it shall be vested in the city superintendent. 

(Code 1991)

In case of a vacancy in the council occurring by reason of resignation, death, or removal from office or from the city, the mayor.by and with the advice and consent of the remaining councilmembers, shall appoint an elector to fill the vacancy until the next election for that office. In case any person elected as a councilmember neglects or refuses to qualify within 30 days after election, the councilmember shall be deemed to have refused to accept the office and a vacancy shall exist. The mayor may, with the consent of the remaining councilmembers, appoint a suitable elector to fill the vacancy.

In case of a vacancy in the office of mayor, the president of the council shall become mayor until the next regular election for that office and a vacancy shall occur in the office of the councilmember becoming mayor.

(K.S.A. 15-201; Code 1984, 1-203:205; C.O. No. 3, Sec. 2; Code 1991)

Members of the governing body shall receive as compensation such amounts as may be fixed by ordinance.

(Code 1991)

Each member of the governing body shall receive for his or her services and as reimbursement for his or her expenses, compensation as follows:

(a)   Mileage at the same rate as is established by law by the state of Kansas for state employees for each mile traveled by the shortest route upon the performance of duties assigned by the mayor and/or council.

(b)   Reimbursement for actual food and lodging expenses upon the performance of duties assigned by the mayor and/or city council, provided such expenses shall be documented by proper receipts.

(Code 1991)

(a)   Definitions:

(1)   Governing Body.  The term governing body shall include the mayor and council.

(2)   Quorum.  A quorum shall consist of a majority of the members-elect of the city council. The quorum shall not include the mayor.

(b)   Meetings:

(1)   Regular Meetings.  Regular meetings of the city shall be held at a time, place and date certain as set by the city ordinance and in accordance with applicable state law.

(2)   Special Meetings. Special Meetings will be called only for a special purpose and will be called in accordance with applicable state law.

(3)   Work Sessions.  No agenda is required for a work session and no binding action may be taken during a work sessions.

(4)   Quorum.  A quorum is required at all meetings during which binding action will be taken by the City.

(5)   Public Comment.  Citizens desiring to comment on matters of a general nature or on any specific agenda item(s) shall sign up in advance of the meeting prior to the Official Call to Order and shall provide his or her name and address for the purpose of putting both in the minutes of the meeting. The Mayor may limit the time of each citizen to three (3) minutes. Comments are welcome, however questions to council may not be answered at the meeting if the Mayor feels that staff or council needs time to formulate a response to questions.  Questions reserved shall be placed on the agenda for the next meeting at which time the particular question or issue may be addressed.  Citizens that fail to sign up in advance of the Official Call to Order may not submit comments and should those comments be submitted regardless, the Mayor may rule such actions to be out of order and such person can be ejected from the meeting by a St. John Police Officer.

(c)   Agenda

(1)   Agenda.  Prior to each regular and special meeting, the city will distribute an agenda to each governing body member and it will be made available to the public at that time.

(2)   Setting Agenda.  The governing body of the city shall designate an individual to be in charge of setting the agenda.

(3)   Agenda Items.  Any governing body member, city staff member or member of the public may request to have an item placed on the agenda by submitting their request, and provide all relevant documents for copy and distribution to the governing body members for examination, to the city staff no later than noon the Friday before the regularly scheduled meeting. Citizens shall provide his or her name and address for the purpose of putting both in the minutes of the meeting.

(4)   Additions to the Agenda.  Items may be added to or removed from the agenda at a regular meeting by motion approved by a majority of the governing body members present and voting.  No items may be added to the agenda at a special meeting.

(5)   Order of Business.  At the hour appointed for the meeting, the mayor shall call the meeting to order.  In the absence of the mayor the president of the council shall chair the meeting.  Upon having a quorum present, the governing body shall proceed to business, which shall be concluded in the order set by the governing body.

(6)   Consent Agenda.  By majority vote of the governing body, any item may be removed from the consent agenda and considered separately.

(7)   Order of Business, Suspended or Amended.  By a majority vote of the governing body, the order of business may be amended to add or delete sections as appropriate, or may be suspended in its entirety to consider other matters.  Executive sessions may be held at any time in order of business.

(d)   Motions:

(1)   Motions; Seconds.  All motions require a second before such motion may be considered.

(2)   Debate.  All motions are debatable unless otherwise noted in the section governing motions.

(3)   Substantive Motion.  Only one main substantive motion may be pending on the floor at any one time.  It must be withdrawn or advanced to a vote before another substantive motion is introduced.

(4)   Substitute Motion.  Substitute motions are prohibited.  Substantive motions must be withdrawn or advanced before another substantive motion is introduced.

(5)   Motion to Amend.  A motion to amend is in order when the proposal is to change, add, or delete words form the main substantive motion.  If the motion is to amend a document before voting on its adoption, it is advisable to reduce the change to writing, but it is not required if all members of the governing body understand the amendment. A vote of an amendment is not a final vote on the under lying substantive motion.  To pass the underlying substantive motion requires a vote.

(6)   Motion to Pass an Ordinance.  All ordinance of the city shall be considered at a public meeting of the governing body.  After consideration and amendment (if any) of the ordinance, the question shall be: “Shall the ordinance pass?”  No ordinance shall contain more than one subject, which shall be clearly expressed in its title, and no section or sections of an ordinance shall be amended unless the amending ordinance contains the entire section or sections as amended and the sections or sections amended shall be repealed.

(7)   Motion to Refer.  If the governing body deems it appropriate, it may refer an ordinance, resolution, contract, or other matter back to staff, committee, board, or other appropriate location for further review and consideration.  Such motion may or may not contain a time certain for the item to be returned to the governing body.

(8)   Motion to Reconsider: Prohibited.  Motions to reconsider are prohibited.  Any governing body member may make a new substantive motion on a matter previously considered by the City.

(9)   Motion to Call the Previous Question.  This motion is not debatable and, if passed by a majority of the governing body, calls for an immediate vote on the substantive motion.  This motion requires a vote.

(10) Motion to go into Executive Session.  The motion to go into executive session shall be made as follows: “I move that the governing body recess into executive session pursuant to _______________  exception in order to discuss ________________ (general description), the open meeting to resume in the city council chamber at ________ (time).”  The motion may also state who is to be present in the executive session, although this is not required.  This motion must be made, seconded, and carried.  Such motion shall be recorded in the minutes of the meeting.  The meeting may not reconvene until the time stated in the motion.

(11) Motion to Adjourn to a Later Date and Time.  If the governing body is unable to complete its agenda during the time allotted for the meeting, the meeting may be adjourned to a time and date certain to continue the regular or special meeting.  The motion shall state the time, place, and date for the meeting to reconvene. If the motion is adopted the meeting is adjourned to the specified time, place and date.

(12) Motion to Adjourn.  At the conclusion of the agenda, a motion is in order and requires a majority vote.

(e)   Voting:

(1)   Form of Voting.  All votes shall be by voice vote or, in the alternative; the mayor may request that a vote be by “show of hands”.  No vote shall be by secret ballot.

(2)   Division. The mayor or any member may request a formal division of vote.  At the discretion of the mayor, division may be either by poll of each member or a show of hands.

(3)   Duty to Vote.  Members of a governing body have a duty to vote unless such member choosing to abstain has a conflict of interest or other conflict that appears to make voting on an issue improper.  Any member who abstains must state for the purposes of its inclusion in the minutes the reason for the abstention.

(4)   Recording.  Upon final passage of a matter the vote shall be recorded in the minutes.

(5)   Votes: Non-Ordinance Matters.  Unless otherwise specifically required by law, the adoption or rejection of resolutions and other matters shall be by a majority of those present. An abstention shall be counted with the prevailing side.

(6)   Mayor in Council City; Non-Ordinance Matters.  The mayor may cast a tie breaking vote when the council is equally divided on a vote in a non-ordinance matter.

(7)   Same; Ordinary Ordinances; Council City.  The adoption of an ordinary ordinance requires three affirmative votes of the council.

(8)   Same Ordinary Ordinance: Council City.  The mayor may cast the deciding vote in favor of an ordinance at any time that the number of favorable votes is one less than required.

(9)   Same; Ordinary Ordinance; Council City.  Mayor’s Veto.  The mayor in council may veto any ordinance passed by the council on or before the next regularly scheduled meeting with the exception of ordinances on which the mayor casts the deciding vote and appropriations ordinances.  Ordinance not signed or vetoed by the mayor take effect without the mayor’s signature.  Any ordinance vetoed by the mayor may be passed over the veto by a vote of four council members.  The president of the council, acting in the absence of the mayor, shall have not power to sign or veto ordinances.

(10) Same: Charter ordinances; Council City.  The adoption of a charter ordinance requires four affirmative votes of the governing body.  The mayor is considered a member of the governing body.

(11) Same: Council City; Confirmation of Mayoral Appointments to Non-Elected Position.  The mayor may cast the deciding vote when the council is equally divided on a vote for the mayoral appointment to a non-elected position.

(12) Same: Council Cities; Confirmation of Mayoral Appointment to Elected Positions. The mayor may cast the deciding vote when the council is equally divided on a vote to confirm a mayoral appointment to an elected position.

(f)    Application and Amendment

(1)   Rules.  For those matters not covered by these rules, the procedure shall be as decided by a majority vote of the governing body. The rules may not be suspended by the governing body during the meeting.

(Code 1984, 1-101; Code 1991; Code 2015)

(a)   Declaration of Policy - The proper operation of our .government requires that public officials and employees be independent, impartial and responsible to the people; that governmental decisions and policy be made in the proper channels and that the public have confidence in the integrity of its government. In recognition of those goals, there is hereby established a Code of Ethics for all officials and employees, whether elected or appointed, paid or unpaid. The purpose of this code is to establish ethical standards by setting forth those acts or actions that are incompatible with the best interests of the city.

(b)   Responsibilities of Public Office - Public officials and employees are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially .the laws of the nation, state, and city and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the long term public interest must be their primary concern. Their conduct in both their official and private affairs should be above reproach.

(c)   Dedicated Service - All officials and employees of the city should be responsive to the political objectives expressed by the electorate and the programs developed to attain those objectives. Appointive officials and employees should adhere to the rule of work and performance established as the standard for their positions by the appropriate authority. Officials and employees should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other public officials and employees unless prohibited from so doing by law or by officially recognized confidentiality of their work.

(d)   Fair and Equal Treatment –

(1)   Interest in Appointments. Canvassing of. members of the city council, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the municipal service shall disqualify the candidate for appointment except with reference to positions filled by appointment by the city council.

(2)   Use of Public Property - No official or employee shall request or permit the use of city-owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally or are provided as city policy for the use of such official or employee in the conduct of official business.

(3)   Obligations to Citizens - No official or employee shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen.

(e)   Conflict of Interest - No elected or appointive city official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her duties in the public interest or would tend to impair his or her independence of judgment or action in the performance of his or her official duties.  Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business or political association.

Specific conflicts of interest are enumerated below for the guidance of officials and employees:

(1)   Incompatible Employment - No elected or appointive city official or employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties.

(2)   Disclosure of Confidential Information - No elected or appointive city official or employee, shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the city.  Nor shall he or she use such information to advance the financial or other private interest of himself, herself or others.

(3)   Gifts and Favors. No elected or appointive city official or employee shall accept any valuable gift, whether in the form of service, loan, thing or promise, from any person, firm, or corporation which to his or her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the city; nor shalt any such official or employee

(A)  accept any gift, favor or thing of value that may tend to influence him or her in the discharge of his or her duties or

(B)   grant in the discharge of his or her duties any improper favor, service, or thing of value. The prohibition against gifts or favors shall not apply to: (a) an occasional nonpecuniary gift, of only nominal value or (b) an award publicly presented in recognition of public service or

(C)   any gift which would have been offered or given to him or her if not an official or employee.

(4)   Representing Private Interest before City Agencies or Courts - No elected or appointive city official or employee whose salary is paid in whole or in part by the city shall appear in behalf of private interest before any agency of this city. He or she shall not represent private interests in any action or proceeding against the interest of the city in any litigation to which the city is a party.

(Code 1991)