(a) At the first regular meeting in May of each year the mayor, by and with the consent of the council, may appoint a city clerk, city treasurer, municipal judge, chief of police and fire chief and such other officers as may be deemed necessary for the best interest of the city. 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 council. The duties and salaries of all appointed officers shall be fixed by resolution.
(b) The officers elected or appointed under this act may be qualified electors of the city, the city may appoint nonresidents when deemed necessary, and upon such terms as the council shall designate, including the appointment of nonresidents who also serve as city attorney, municipal judge or law enforcement officers of another municipality or public agency; provided, that nothing herein shall authorize the appointment of nonresidents of this state.
(K.S.A. 15-204; C.O. No. 5; Ord. 405, Sec. 2; Code 2004; C.O. No. 12; Code 2019)
The mayor shall have authority to hire all other employees of the city who are not appointed under the provisions of section 1-301, or such authority may be delegated to the respective department heads.
(Code 1985)
(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)
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; K.S.A. 12-16,128; C.O. No. 12)
There is hereby created and established the office of city administrator.
(a) Appointment. The city administrator shall be appointed by the mayor with the consent of the city council and shall serve at the pleasure of the council.
(b) Administrative and Financial. The city administrator shall be the chief administrative and financial officer of the city and shall be responsible to the mayor and council for administration of the city affairs.
(c) Holding Other Offices. The same person may hold the office of city clerk and city administrator.
(Ord. 442, Sec. 1)
The city administrator shall exercise responsibilities and duties as prescribed by state statute and city ordinances and lawfully delegated by the mayor and/or council.
(a) Oversee the management, direction, and supervision of all departments, agencies and services of the city.
(b) Supervise, direct and assign the duties of all appointive officers and employees.
(c) Recommend to governing body the hiring, firing and termination of city employees and appointive officers, including the authority to temporarily suspend such employees for good cause as outlined in the Personnel Policies and Guidelines.
(d) Furnish the general public information on municipal ordinances.
(e) Prepare and submit the annual budget to the council.
(f) Keep the council fully and timely advised as to the financial condition of the city.
(g) 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 council.
(h) Develop and prepare such planning documents as the governing body shall request.
(i) Attend all council meetings and be prepared to advise the council on the items for discussion. Attend other meetings as directed by the governing body.
(j) Cause the agenda to be prepared for the regular council meetings and such other special meetings as may arise.
(k) Cause to have an annual inventory conducted by all departments of the city.
(l) Provide information to the city council and make recommendations to the governing body as deemed necessary for the good and efficient operation of the city and its services.
(m) Maintain current knowledge of state and federal grant programs, advising the city council and mayor of the same and prepare, submit, and monitor financial grants and applications.
(n) To issue orders and directives to all city officers and departments as requested by the council and receive reports and communications through the administrator’s office.
(o) Initiate investigations and conduct inquiries related to citizens’ complaints concerning the conduct of employees and the quality of municipal services.
(p) Regularly consult with the mayor and council so as to insure continued and open communication on all matters affecting the city.
(q) Perform such other duties as the mayor and/or council may direct.
(Ord. 442, Sec. 2)
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 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 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 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 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 1985)
(a) The city clerk shall be authorized pursuant to the uniform procedure for payment of claims and other indebtedness as set in K.S.A. 12-105a et seq., to pay claims for certain recurring expenses of the city, including salaries of city employees, deposits of payroll deductions and contributions, deposit of sales taxes collected by the city, utility expenses, including telephone, electricity, gas and refuse collection service, refunds of customers utility deposits and claims offering discounts for prompt payment or imposing penalties for late payment, which discounts would be lost or penalties imposed unless payment is made prior to approval of the governing body.
(b) All payments made under this authorization will be listed and identified as payments made in accordance with this section on the next regularly scheduled appropriation ordinance.
(c) Payments made in accordance with this section will be subject to all accounting and check writing procedures established by statutes and applicable ordinances and practices of this city.
(Ord. 279, Code 1985)
(a) The office of deputy city clerk is hereby established. The mayor may appoint, by and with the consent of the city council, the deputy 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 deputy 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 deputy city clerk shall become the acting city clerk and fulfill the duties of that office.
(d) Compensation of the deputy city clerk shall be set by ordinance passed by the governing body.
(Ord. 289, Sec. 1:2; Code 1985; Code 2019)
The duties of the city treasurer shall be as follows:
(a) Receive all moneys belonging to the city and give a receipt therefor;
(b) Keep a record of all money received and paid out in a ledger account book provided by the governing body;
(c) Publish or cause to be published annual statements of the financial records of the city in the manner and style provided by law;
(d) Pay out city funds only upon orders or warrants properly signed by the mayor and city clerk;
(e) Cancel all orders and warrants as soon as paid filing them at the time of making quarterly statements subject to the inspection of the governing body in the office of the city clerk;
(f) File with the city clerk on the first day of each month a complete report of the receipts and expenditures of the city during the preceding month, showing the day, amounts received, deductions from, and the balance in each fund;
(g) Make a quarterly settlement with the governing body on the 15th days of March, June, September and December of each year keeping the settlement in a special book provided by the governing body which shall be endorsed by each member of the governing body making such settlement, showing the names of members approving or disapproving same; and
(h) Perform such other and further duties as may be provided by the governing body.
(K.S.A. 10-803; K.S.A. 12-1608; Code 1985)
The city attorney shall:
(a) Attend meetings of the governing body when so requested to attend by the mayor or 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) Be authorized to designate a city prosecutor who shall prosecute municipal violations before the municipal court.
(Code 1985)
The city engineer 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 1985)
There is hereby established a separate police department and fire department within the city which departments shall each be supervised by a police chief and fire chief to be appointed annually by the mayor of the city, subject however, to the approval of such appointments by the governing body. The chiefs of each department shall serve at the pleasure of the governing body and shall be subject to removal or replacement from time to time whenever the governing body feels such removal or replacement to be in the best interests of the city. The responsibility of the chiefs of the departments established herein shall be as directed by the governing body and the chiefs of such departments shall operate under the general administrative supervision of the city administrator.
(Ord. 477, Sec. 1; Code 2004)
There is hereby re-established a Department of Emergency Services which shall consist of such voluntary personnel as may be appointed by the head of such department and which shall provide to the extent authorized by law, first responder emergency medical services within the city. The fire chief is hereby authorized to appoint, subject to the approval of the governing body, a head of such department who shall have general charge of the services to be provided by the department and who shall direct the nature and scope of services to be rendered at the scene of any incident involving the services of such department.
(Ord. 477, Sec. 2; Code 2004)
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 1985)
(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 1985)