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

Subject to the provisions of K.S.A. 2015 Supp. 12-16,128, and amendments thereto, the mayor, with the consent of the council, may appoint, at the first regular meeting of the governing body in January of each year, the following city officers: A municipal judge of the municipal court, a clerk, a treasurer, a marshal-chief of police, law enforcement officers and such other officers as deemed necessary. Such officers shall hold an initial term of office of not to exceed one (1) year and until their successors have been appointed and qualified. Any officers who are reappointed shall hold their offices for a term of one (1) year and until their successors are appointed and qualified. The duties and pay of the various officers shall be regulated by ordinance.

(K.S.A. 15-204; Code 1973, 1-201; Code 1985; C.O. No. 7; Sec. 6)

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

(b)   For good cause, the mayor may suspend any appointed officer, and such officer may be removed with consent of the council in accordance with subsection (d).

(c)   Employees, other than appointed officers, may be suspended by the mayor upon recommendation of the respective department heads and may be removed in accordance with subsection (d).

(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. 15-204; Code 1985; C.O. No. 7; Sec. 6)

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 1985)

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.

(g)   Deposit all public moneys;

(h)   Pay out the funds of the city upon warrant and checks properly signed by the mayor, city clerk, and city treasurer.

(Code 1973, 1-202:203; Code 1985)

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 1973, 1-205:207; 1-209:210; Code 1985)

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 1973, 1-204; Code 1985)

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 actor 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 of the Kansas statutes.

(Code 1973, 1-212; Code 1985)

The city treasurer shall:

(a)   Keep a full and accurate record;

(b)   Publish a quarterly financial statement;

(c)   Sign all checks of the city;

(d)   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 1973; 1-213:215; Code 1985)

The city attorney shall:

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

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

(h)   In person or by assistants, upon the municipal judge's request, appear and prosecute all cases in the municipal court on behalf of the city.

(Ord. 154, Sec. 8; Code 1985)

There is hereby created the office of city superintendent, who shall be hired by the city council. The city superintendent shall:

(a)   Be responsible for the operation and maintenance of the city's services;

(b)   Keep in repair all streets and alleys. He or she shall see that all dirt streets are dragged as soon as possible after each rain. He or she shall notify the council of repairs needed to the streets and sidewalks, and recommend necessary repairs. He or she shall also remove snow and ice, from the streets as required;

(c)   Have charge of the maintenance and operation of the city's water supply, pumping equipment, distribution system, hydrants, meters, and equipment used in the operation thereof. He or she shall be responsible for the reading of the water meters. He or she shall report to the council as may be necessary. He or she shall keep up-to-date maps showing the exact location of all water mains, sewer lines, hydrants, and service connections;

(d)   Perform other maintenance tasks as may be required by the mayor or city council.

(Code 1973, 1-219:224; Code 1985)

There is hereby created and established the office of city administrator. Such city administrator shall be appointed by the mayor, by and with the consent of the city council; and he or she shall serve at the pleasure of the council. The city administrator shall be appointed on the basis of his or her qualifications and ability. The same person may hold the office of city superintendent and the office of city administrator, and any other position for which he or she is qualified.

(Ord. 91-7, Sec. 1)

The city administrator shall be the chief administrative officer of the city and shall be responsible to the mayor and council for administration of city affairs. He or she shall exercise such responsibilities and execute such duties as are prescribed by state statute and city ordinance, and such other duties and responsibilities as may be lawfully delegated by the mayor and/or council.

Such prescribed and delegated responsibilities and duties shall include, but not be limited to, the following:

(a)   Exercise general supervision and control over all city purchases and expenditures in accordance with the budget and such policies as may be established by the governing body;

(b)   Have the care and management of all city-owned land, property, buildings and equipment;

(c)   Aid in the preparation of the annual budget and keep the governing body fully and timely advised as to the financial condition of the city;

(d)   Develop and prepare such planning, short-range as well as long-range, as the governing body shall request and shall submit such planning to the governing body for action;

(e)   Attend all council meetings and be permitted to participate in the discussion of items before the council and attend other such meeting as of commissions and other organization as the governing body shall designate;

(f)   Supervise, direct and be responsible for the proper and efficient discharge of the duties of all appointive officers and employees of the city except the city clerk, city attorney, municipal judge and city treasurer;

(g)   Recommend to the mayor appointments of the chief administrative departments and services of the city;

(h)   Make such recommendations to the governing body as are deemed necessary for effective administration of all city services;

(i)    Initiate, investigate and conduct inquiries related to citizens complaints concerning the conduct of employees and quality of municipal services and submit a report to the governing body regarding same;

(j)    Recommend to the governing body a schedule of salaries for all officers and employees;

(k)   Perform such other duties as the governing body may direct.

(Ord. 91-7, Sec. 2)

It shall be the general practice of all the governing body to issue all orders and directives to all city officers and departments and receive reports and communications therefrom through the office of the city administrator.

(Ord. 91-7, Sec. 3)

If any phrase, clause or paragraph of sections 1-316:319 is declared unconstitutional or invalid by any court of competent jurisdiction, it is hereby declared that the governing body would have enacted the remaining portions of these sections without the phrase, clause or paragraph so held unconstitutional or invalid.

(Ord. 91-7, Sec. 4)

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 2008)

(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. 74-4301; Code 2008)

(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 shall 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 2008)

Not more than one (1) member of the same family shall be employed by the city at the same time. For purposes of this section, family shall mean biological, adoptive, step, or marital relatives, to include parent, child, grandparent, grandchild, brother, sister, aunt, uncle, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, sister-in-law and brother-in-law. This restriction shall apply to employees as well as members of the governing body of the city. This section shall not apply to employees of the city employed by the city on or before January 6, 2009.

(Ord. 2009-01)

There is hereby created and established the position of public works director.  The public works director shall be appointed by the city council.  In the absence of a city superintendent and/or a city administrator, the public works director shall assume and discharge all duties assigned by the mayor or city council, and consistent with job description, city personnel rules and regulations, sections 1-310 and 1-311, or any other code sections designating responsibilities of the city superintendent or city administrator.

(Ord. 2010-12)