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

(a)   At the first regular meeting in May of each year, the mayor may appoint a city treasurer, municipal judge, city attorney and a city prosecutor subject to the consent of the city council.  In the event a tie vote occurs the mayor will vote to break the tie.  Such officers shall hold their respective offices until their successors have been appointed and qualified. All such appointments shall be entered on the journal of proceedings of the governing body.  The salaries of all appointed officers shall be determined by the council.

(b)   The city council shall be charged with the responsibility of hiring a city clerk, city superintendent, chief of police and such other officers and city personnel as may be deemed necessary for the best interest of the city.  The employees may be an employee at will or under employment contract for such consideration as the council shall determine.

(Ord. 29-1997, Sec. 1)

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 1994)

(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. 

(C.O. No. 77-1-18; Code 2001)

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.

(C.O. No. 77-1-18; Code 2001)

The city clerk shall:

(a)   Be custodian of all city records, books, files, papers, documents and other personal effects belonging to the city and not properly pertaining to any other office;

(b)   Carry on all official correspondence of the city;

(c)   Attend and keep a record of the proceedings of all regular and special meetings of the governing body;

(d)   Enter every appointment of office and the date thereof in the journal;

(e)   Enter or place each ordinance of the city in the ordinance books after its passage;

(f)   Publish all ordinances, except those appropriating money, and such resolutions, notices and proclamations as may be required by law or ordinance.

(Code 1994)

The city clerk shall:

(a)   Prepare and keep suitable fiscal records according to 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 1994)

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 1994)

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 1994)

(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 1994)

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 an annual 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 2001)

There is hereby established the office of city attorney.  No person shall be 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 of 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 1994)

An engineer hired by the city shall be a licensed professional engineer in the State of Kansas.  He or she shall be responsible for:

(a)   The design and specifications for all city streets, sewers, water lines, public buildings and other public facilities;

(b)   The inspection of all public works projects including streets, sewers, water lines and other public facilities;

(c)   The general supervision of the maintenance and repair of all public facilities.

(Code 1994)

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 1994)

(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 1994)

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

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

(d)   Draft such ordinances and other instruments in writing as may be submitted to him or her in the regular transaction of affairs of the city.

(e)   Approve criminal ordinances of the city as to form and legality.

(f)   Consult with and assist the city attorney on other legal matters upon request of the city attorney.

(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.

(Ord. 29-1997, Sec. 2)