CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\ARTICLE 3. OFFICERS AND EMPLOYEES

The mayor, with the consent of council, may appoint at the first regular meeting of the governing body in May of 2002 and in every other year thereafter so that the appointment is one full year following the election which chooses the mayor or city council members, the following city officers: municipal judge, public health officer and city attorney. The municipal judge, public health officer and city attorney shall hold the office for an initial term of two years and until their successors are appointed. Any of these officers who are reappointed shall hold their offices for an additional two-year term and until their successors are appointed and qualified. The duties of the offices shall be regulated by ordinance. Any officer may be removed by a majority vote of the total membership elected or appointed to the council and may be suspended at any time by the mayor. All other city officials shall not be considered as appointed positions.

(K.S.A. Supp. 15-204; Code 1984, 1-301; Code 1991; C.O. No. 14; Code 2015)

The mayor with the consent of the council shall have authority to hire all other employees, or such authority may be delegated to the respective department heads.

(Code 1991)

(a)   A majority of all members elect of the governing body may remove any appointed officer.

(b)   For good cause, the mayor may suspend at any time any appointed officer.

(c)   Employees, other than appointed officers, may be removed by the mayor upon recommendation of the respective department heads.

(d)   No officer or employee shall be removed for any reason until he or she has been given notice and afforded the opportunity for a hearing.

(K.S.A. Supp. 15-204; Code 1984, 1-315; Code 1991)

Whenever a vacancy occurs in any appointive office for whatever reason, the vacancy shall be filled by the governing body. Any person appointed to fill such vacancy shall serve only until the next regular time for appointment.

(K.S.A. 15-209; Code 1984, 1-316; Code 1991)

The city clerk shall have the following responsibilities:

(a)   Prepare a proposed annual budget and submit the same to the governing body prior to the time required for publication of the proposed budget and budget hearing to be conducted by the governing body;

(b)   Inform the governing body at least monthly of the financial conditions of the city and its budget status;

(c)   Maintain an inventory record;

(d)   Assist all committees appointed by the mayor and approved by the council and convey the recommendations of the committees to the governing body for action;

(e)   Attend, insofar as possible, all meetings of the governing body and its subordinate committees;

(f)    Make such recommendations to the governing body as the city deems necessary for the most effective and efficient administration of all city departments and the provision of maximum benefit to the citizens of the city;

(g)   Perform such other duties as the governing body may direct;

(h)   After the first appointment, appointment shall be from May to May.

(Ord. 856, Sec. 3)

The city clerk shall:

(a)   Prepare and keep suitable fiscal records according to a prescribed basis of accounting that demonstrates compliance with the cash basis and budget laws of the State of Kansas, which is a comprehensive basis of accounting other than generally accepted accounting principles;

(b)   Assist in preparing the annual budget;

(c)   Audit all claims against the city for goods or services rendered for the consideration of the governing body. His or her accounts shall properly show the amounts paid from any fund of the city and the cash balance existing in each fund;

(d)   Keep an accurate account of all bonds issued by the city;

(e)   Keep a record of all special assessments.

(Code 1984, 1-303:309; Code 1991)

The city clerk shall:

(a)   Have custody of the corporate seal of the city and shall affix the same to the official copy of all ordinances, contracts, and other documents required to be authenticated;

(b)   Have power to administer oaths for all purposes pertaining to the business and affairs of the city;

(c)   Keep suitable files of all such oaths required to be deposited in his or her office.

(Code 1984, 1-303:309; Code 1991)

The city clerk is designated as the withholding agent of the city for the purposes of the Federal Revenue (Income) Act, and shall perform the duties required of withholding agents by said act or any other act requiring withholding from the compensation of any city officer or employee. The clerk shall perform such other duties as may be prescribed by the governing body or the Kansas statutes.

(Code 1984, 1-303:309; Code 1991)

(a)   The office of assistant city clerk is hereby established. The mayor shall appoint, by and with the consent of the city council, the assistant city clerk. The person so appointed and confirmed shall hold the office for a term of one year and until a successor is appointed and confirmed.

(b)   The assistant city clerk shall perform those duties assigned to that office by the city clerk.

(c)   Whenever a vacancy occurs in the position of city clerk and the city is without a person appointed, confirmed or qualified to hold that office, the assistant city clerk shall become the acting city clerk and fulfill the duties of that office.

(d)   Compensation of the assistant city clerk shall be set by ordinance passed by the governing body.

(Code 1991)

The city treasurer shall:

(a)   Keep a full and accurate record of all money received and paid out in a ledger book provided by the governing body;

(b)   Publish a yearly financial statement;

(c)   Deposit all public moneys and sign all checks of the city;

(d)   Pay out city funds only upon orders or warrants properly signed by the mayor and city clerk;

(e)   Perform such other duties as may be prescribed by the governing body or the Kansas statutes.

(K.S.A. 10-803; K.S.A. 12-1608; Code 1984, 1-310:312; Code 1991)

There is hereby established the office of city attorney. No person shall eligible for the office of city attorney who is not an attorney at law admitted to practice in the Supreme Court of the State of Kansas. The city attorney shall be charged with the general direction and supervision of the legal affairs of the city. The city attorney shall:

(a)   Attend meetings of the city governing body when so directed to attend by the governing body;

(b)   Advise the city governing body and all officers bf the city upon such legal questions affecting the city and its offices as may be submitted to him or her;

(c)   When requested by the city governing body, give opinions in writing upon any such questions;

(d)   Draft such ordinances, contracts, leases, easements, conveyances and other instruments in writing as may be submitted to him or her in the regular transaction of affairs of the city;

(e)   Approve all ordinances of the city as to form and legality;

(f)    Attend planning commission and board of zoning appeals meetings when so directed by the boards;

(g)   Appear and prosecute all violations of city ordinances in municipal court when his or her services shall be required;

(h)   Perform such other duties as may be prescribed by the governing body and the Kansas statutes.

(Code 1991)

There is hereby created and established the position of city superintendent. Such city superintendent shall be hired by the mayor with the consent of the city council. This position shall be a non-appointed position. 

(Ord. 856, Sec. 1)

(a)   Under the administrative supervision of the mayor, the city superintendent performs responsible administrative and supervisory duties. The employee in this position is responsible for the day-to-day operation of the city’s various public works and utility departments. The city superintendent directs and supervises the water, wastewater treatment, electrical production, electrical distribution and water distribution, parks and street and alley repair and maintenance. This employee exercises considerable judgment in directing and supervising work and personnel within the department. The mayor reviews the work through conferences and evaluation of reports. The employee in this position is a working supervisor and at times, will perform the same duties as his or her subordinates;

(b)   Plans the overall activities of the department;

(c)   Meets with foremen to review needs and activities of the departments;

(d)   Prepares department budget request in conjunction with the city clerk;

(e)   Approves all expenditures for the department;

(f)    Maintains a system of records and reports;

(g)   Maintain an inventory of and supervise the care and management of all city owned property and equipment;

(h)   Investigates and deals with all complaints relating to department activities;

(i)    Keeps current on all utility regulations state and federal;

(j)    As zoning inspector, answers questions on building, checks setbacks and works with plumbing and electrical codes.

(k)   Oversees equipment maintenance and street repairs;

(l)    Maintains the municipal swimming pool and parks;

(m)  Works with contractors and the county on road maintenance and construction;

(n)   Other related duties as deemed necessary or as required;

(o)   Oversees equipment maintenance and motor vehicle maintenance;

(p)   Maintains city brush pile;

(q)   Attends council meetings.

(Ord. 856)

The same person may be appointed to more than one appointive office, or employed in more than one department, except that the same person shall not be appointed to incompatible offices. Salaries or wages of such persons shall be prorated between the proper funds of the several offices or departments. {Code 1991)

(a)   No city officer or employee shall be signatory upon, discuss in an official capacity, vote on any issue concerning or otherwise participate in his or her capacity as a public official or employee in the making of any contract with any person or business:

(1)   In which the officer or employee owns a legal or equitable interest exceeding $5,000 or five percent, whichever is less, individually or collectively with his or her spouse; or

(2)   From which the officer or employee receives, in the current or immediately preceding or succeeding calendar year, any salary, gratuity, other compensation or a contract for or promise or expectation of any such salary, gratuity or other compensation or remuneration having a dollar value of $1,000 or more; or

(3)   In which he or she shall hold the position of officer or director, irrespective of the amount of compensation received from or ownership held in the business.

(b)   The prohibitions contained in subsection (a) of this section shall not apply to the following:

(1)   Contracts let after competitive bidding has been solicited by published notice; and

(2)   Contracts for property or services for which the price or rate is fixed by law.

(K.S.A. 75-4301; Code 1991)