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

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

(Code 2001; C.O. No. 8)

All powers exercised by cities of the second class or which shall hereafter be conferred upon them shall be exercised by the governing body, subject to such limitations as prescribed by law and related charter ordinances adopted by the City. 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 2012)

(a)      Regular meetings of the governing body shall be held on the first and third Monday 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. At any regular meeting, the immediately succeeding regular meeting may be changed to another day at the request of the Mayor, if voted upon favorably by a majority of the entire city council.

(b)     Special meetings may be called by the Mayor or acting mayor, on the written request of any three members of the council, specifying the object and purpose of such meeting, which request shall be read at a meeting and entered at length in 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. 14-111; Code 2012)

Three (3) City Council Members shall be and do hereby constitute a quorum for the purpose of transacting all business of any kind whatsoever of the City of Goddard, Kansas, and none of the powers of the City Council of the City of Goddard, Kansas shall be exercised unless a quorum, as defined herein, of City Council Members shall be present at a properly constituted open meeting; however a smaller number may adjourn a meeting.

(K.S.A. 14-111; Code 2012)

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)      Preside at all meetings of the Governing Body and shall have a casting vote when the council is equally divided.

(b)     Oversee, with the council, the general functioning of city offices.

(c)      Appoint all the officers of the city with the consent of the council.

(d)     Act as a leader and initiator, along with the council, in developing city policies and projects.

(e)      Assist the city administrator in preparing the city council agenda and annual budget.

(f)      Serve as chief spokesperson and ceremonial head for the city by providing policy information to media and peers of other units of governments.

(g)      Have the authority to suspend employees, for two business days before seeking the advice/consent of the city council, provided that the Mayor shall seek the advice/consent of the city council no later than the next succeeding city council meeting for any such suspension.

(h)     Provide official signature for legal documents.

(K.S.A. 14-301:310; Code 2012)

The council shall elect from its membership a president of the council. The president of the council shall preside in the absence of the Mayor. If a vacancy occurs in the office of the Mayor by death, resignation, removal from the city, removal from office, refusal to qualify, or otherwise, the president of the council shall become Mayor until the next regular city election and the vacancy created in the office of the council member becoming Mayor shall be filled by the governing body of the city. Thereupon the council shall elect from its membership a new president of the council.

(K.S.A. 14-204; Code 2012)

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 Mayor.

(Code 2001)

(a)      In the event a vacancy occurs in the office of council member, whether by refusal to take office, resignation, death, removal from office or otherwise, the Mayor shall, with the consent of the remaining council members, appoint a suitable elector of the City of Goddard to fill said vacancy for the remainder to the term to which the council member he or she replaces, was elected.

(b)     When any vacancy shall happen in the office of Mayor by death, resignation, removal from the city, removal from office, refusal to qualify, or otherwise, the president of the council for the time being shall exercise the office of Mayor, with all the rights, privileges and jurisdiction of the Mayor, other than the appointment of officers pursuant to K.S.A. 14-201, Charter Ordinance No. 10, and amendments thereto, until such vacancy be filled or such disability be removed, or, in case of temporary absence, until the Mayor shall return. During the time the president of the council shall exercise the office of the Mayor, the president shall receive the same compensation that the Mayor would be entitled to; and in case of vacancy, other than a temporary absence or disability, the person exercising the office of Mayor shall become Mayor. Thereupon the council shall elect from its membership a new president of the council.

(K.S.A. 14-204; K.S.A. 14-308; C.O. 8; Code 2012)

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

(Code 2001)

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 council, provided such expenses shall be documented by proper receipts.

(Code 2001)

The following shall constitute guidelines for the rules and order of business of the city.

Rule 1.          Adjourned Meetings. Adjourned meetings of the governing body may be held at such time and place as the governing body may determine in the motion to adjourn.

Rule 2.          Special Meetings. Special meetings may be held at any time upon a call signed by a majority of the governing body. The call of a special meeting shall be in substantially the following form:

 

CALL FOR SPECIAL GOVERNING BODY MEETING

 

Goddard, Kansas

                                    , 20     

 

To the Members of the Governing Body

 

A special meeting of the governing body is hereby called to be held at the city hall,                                   , 20__ at __ o’clock __.m., the object of said meeting being to ____________________________ (state object)

 

Signed:

 

                                               

                                               

                                               

 

 

A notice of such special meeting, stating the time, place, and object of the meeting, directed to the council shall be issued by the city clerk to the chief of police, his or her deputy, or a law enforcement officer or other city employee, who shall be required to make service of said notice at once personally upon each council member or to leave it at his or her usual place of residence, and such notice must be served or left at the usual place of residence at least two hours before the time of meeting. The person serving the notice shall make a return in writing of the service, showing the manner of such service. Attendance at a special meeting by any member of the governing body shall constitute a waiver of the right to notice under this rule for that member. The notice and the return shall be in substantially the following form:

 

NOTICE OF SPECIAL GOVERNING BODY MEETING

 

Office of the City Clerk

Goddard, Kansas

 

To: _______________________

 

You are hereby notified that there will be a special meeting of the Governing Body at _______o’clock ____m.,                                   , 20__ at the city hall for the object of                                                 (state the same object as shown in the call).

 

Witness my hand and the seal of said city this ___ day of                             , 20__.

 

State of Kansas                       )

                                                )           ss:

County of Sedgwick               )

 

                                               

City Clerk

City of Goddard

 

To (chief of police, his or her deputy, or a law enforcement officer or other city employee).

 

Greeting:

 

You are hereby directed to serve the above notice at once personally upon ____________________ _________________________ or to leave it at his or her usual place of residence before _______ o’clock __m., ________ 20__, and to make a return in writing of said service, showing the manner of such service.

 

(SEAL)

________________________

City Clerk

 

 

RETURN

 

Received the original notice of special governing body meeting, of which the foregoing is a copy, at ______ o’clock __m., on the _____ day of                            , 20__, and [served the same personally on ___________________ __________________] [left said original notice at the usual place of residence of _________________] at ______ o’clock __m., on the _____ day of                                    , 20__.

 

Dated this _____ day of                                  , 20__.

 

Signed: ________________________

                        Person serving notice

Rule 3.          Order of Business. At the hour appointed for meeting, the governing body shall be called together by the Mayor, and in his or her absence by the acting mayor. The city clerk shall record the roll and note the absentees. Upon the appearance of a quorum the governing body shall proceed to business, which shall be conducted in the following order:

(1)          Pledge of Allegiance and invocation;

(2)          Citizen Comments;

(3)          Approval of the minutes of the last regular meeting and intervening special meetings, which if no corrections are offered, shall stand approved;

(4)          Presentation of petitions, memorials, and remonstrances;

(5)          Presentations of claims and appropriation ordinance;

(6)          Consent Agenda;

(7)          Unfinished business;

(8)          New business;

(9)          Reports of other city officers.

Rule 4.          Order. The Mayor shall preserve order and decorum and shall decide questions of order subject to an appeal to the council.

Rule 5.          Decorum. Every member previous to his or her speaking shall address himself or herself to the chair and shall not proceed until recognized by the chair. He or she shall indulge in no personalities and confine his or her remarks to the matter under debate.

Rule 6.          Point of Order. A member called to order shall immediately suspend until the point of order raised is decided by the chair.

Rule 7.          Certain Motions in Writing. Every motion except to adjourn, postpone, reconsider, commit, lay on the table, or for the previous question, shall be reduced to writing if the chair or any member requires it; when made and seconded, it shall be stated by the chairperson or being written shall be read by the clerk, and may be withdrawn before decision or amendment, or any disposition thereof has been made, or a vote thereon had.

Rule 8.          Resolutions. All resolutions must be in writing.

Rule 9.          Motions During Debate. When a question is under debate no motion shall be entertained except:

(1)          To adjourn;

(2)          To lay on the table;

(3)          To take the previous question;

(4)          To postpone;

(5)          To amend;

The motions listed above shall have precedence in the order in which they are named, and the first three shall be decided without debate.

Rule 10.        Division. The Mayor or any member may request a formal division of vote. At the discretion of the Mayor, division may be by either a poll of each member or a show of hands.

Rule 11.        Voting; Abstaining From Voting. When a question is put by the chair, every member present shall vote unless for special reasons the chair shall excuse him or her. For those questions for which an abstention is permitted, such a vote shall be counted as a vote cast in favor of the position taken by the majority of those persons present and voting. In doubtful cases the chair may direct, or any member may call for, a division. The yeas and nays shall be called upon a requisition of the chair or any member, and upon the final passage of all ordinances in which case the names of the members voting and their votes shall be recorded in the minutes.

Rule 12.        Precedence of Questions. All questions shall be put in the order in which they are moved, except in case of privilege questions, and in filling blanks the longest time and the largest sum shall be first.

Rule 13.        Previous Question. The previous question shall be put in these words: “Shall the main question now be put?” It shall be admitted on demand of any member and until decided shall preclude all amendments and debate of the main question.

Rule 14.        Passing of Ordinances. All ordinances shall be read by sections, at which time amendments, if any, may be offered, but the reading of any section shall not preclude the offering of an amendment to any preceding one. If amendments are made the chair shall so report, and each section shall be read as amended before the vote on the passage of the ordinance is taken. After reading and amendment (if any) of the ordinance, the question shall be: “Shall the ordinance pass?” If a majority of the council members present vote to waive the reading of the ordinance, said reading shall be waived. The vote on the final passage of an ordinance shall be taken by yeas and nays, which shall be entered on the journal by the clerk; and no ordinance shall be valid unless a majority of (or otherwise as required by law) the members of the council vote in favor thereof: Provided, That 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 section or sections amended shall be repealed.

(K.S.A. 12-3002, 12-3004)

Rule 15.        Signing and Engrossing Ordinances. After an ordinance shall have passed it shall be correctly entered in the original ordinance book and the original and the book copy shall be signed by the Mayor, or in the absence of the Mayor by the acting mayor, and attested by the clerk, who shall secure publication of the ordinance as required by law.

Rule 16.        Clerk Reads Communications. Petitions and other papers addressed to the governing body shall be read by the clerk under proper order of business upon presentation of the same to the board.

Rule 17.        Robert’s Rules of Order. In all points not covered by these rules the governing body shall be governed in its procedure by Robert’s Rules of Order.

(Code 2001)

The presiding officer shall have the power and duty to preserve strict order and decorum prescribed herein at all meetings of the Governing Body.

(Ord. 423, Sec. 3)

(a)      Oral Presentation. Any person may appear and, after first being recognized by the presiding officer, address the Governing Body with regard to matters then under consideration.

(b)     Oral Presentation of Written Communication. Upon complying with the provisions of this section, interested persons may address the Governing Body by reading written petitions, communications relating to zoning, sewer, and street proceedings, hearings on protests, appeals and petitions, or similar matters, with regard to matters then under consideration by the Governing Body.

(c)      Written Communication. All interested parties, or their authorized representatives, may address the Governing Body by written communication with regard to matters then under consideration.

(d)     Presentations After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Governing Body from the audience on the matter then under consideration without first securing permission to do so by a majority of the Governing Body.

(e)      Call of Question. Once the question is called by a council member, all discussion of that issue shall cease immediately and a vote taken.

(Ord. 423, Sec. 3)

(a)      Recognition by Presiding Officer. No person may address the Governing Body without first being recognized by the presiding officer.

(b)     Procedure. Each person addressing the Governing Body shall step to the podium provided for the use by the public and for the record give his or her name and address in an audible tone of voice, state the subject he or she wishes to discuss, state whom he or she is representing if the appearance is made in a representative capacity and, unless further time is granted by a majority of the Governing Body as a whole and not any member thereof shall limit their remarks to five minutes. No person other than members of the Governing Body and the person having the floor shall be permitted to enter into discussion, either directly or through a member of the Governing Body, without the permission of the presiding officer. No question may be asked of a Governing Body member or a member of the city staff without the permission of the presiding officer.

(c)      Spokesperson for Group of Persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wish to address the Governing Body on the same subject matter, the presiding officer may require that a spokesperson be chosen by the group to address the Governing Body and, in case additional matters are to be presented by any other member of the’ group, limit the number of such persons addressing the Governing Body.

(d)     Presentations After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Governing Body from the audience on the matter then under consideration without first securing permission to do so by a majority of the Governing Body.

(e)      Call of Question. Once the question is called by a council member, all discussion of that issue shall cease immediately and a vote taken.

(Ord. 423, Sec. 4)

(a)      Members of the Governing Body. While the Governing Body is in session, the members must preserve order and decorum, and a member shall not, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Governing Body nor disturb any member while speaking or refuse to obey the orders of the presiding officer.

(b)     Employees. Members of the city staff and employees shall observe the same rules of order and decorum as are applicable to members of the Governing Body.

(c)      Persons Addressing the Council. Any person making personal, impertinent, slanderous, or profane remarks or who willfully utters loud, threatening or abusive language, or engages in any disorderly conduct which would impede, disrupt or disturb the orderly conduct of any meeting, hearing, or other proceeding, shall be called to order by the presiding officer and ordered to desist and, if such conduct continues may, at the discretion of the presiding officer, be ordered barred from further audience before the Governing Body during that meeting.

(d)     Members of the Audience. No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting.

(e)      Persons Authorized to be Near the Seating of the Governing Body. No person except members of the Governing Body and city staff shall be permitted within the area of the council seating without the consent of the presiding officer.

(Ord. 423, Sec. 5)

(a)      Warning. Any person shall, at the request of the presiding officer, be silent. If, after receiving such a request, a person persists in disturbing the meeting, the presiding officer may order such a person to remove himself or herself from the meeting. If such order is disregarded, the presiding officer may order the sergeant-at-arms or a member of the staff to remove such person.

(b)     Removal. The Chief of Police, or such member or members of the police department or such member of the city staff, as the presiding officer may designate, shall be sergeant-at-arms of the Governing Body meetings. Such person or persons shall carry out all orders and instructions by the presiding officer for the purpose of maintaining order and decorum at the Governing Body meeting. The sergeant-at arms shall execute any lawful order given by the presiding officer for the purpose of maintaining order and decorum of a meeting, hearing or other proceeding.

(c)      Motions to Enforce. Any member of the Governing Body may move to require the presiding officer to enforce these rules; an affirmative vote of a majority of the members of the Governing Body then present shall require such enforcement.

(d)     Adjournment. In the event that any meeting is willfully disturbed by a person or group of persons so as to render the further orderly conduct of such meeting infeasible, and when order cannot be restored by the removal of individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next meeting. In the event that a special meeting is called, and such persons(s) that was previously removed is in fact charged with disorderly conduct, the city attorney shall request at the conclusion of such trial, the defendant pay restitution for the cost of that meeting including, but not limited to council and city staff pay, and all other costs associated with such meeting.

(Ord. 423, Sec. 6)

(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 non pecuniary 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 2001)