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

The Mayor, by and with the consent of the council, may appoint a city attorney, municipal judge, Chief of Police, city clerk, city administrator 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, or until they are removed by a majority vote of the entire city council.

(K.S.A. 14-201; C.O. No. 9; Code 2012)

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 2001)

(a)      A majority of all members elect of the Governing Body may remove any appointed officer at any time, with or without cause.

(b)     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.

(Code 2012)

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.

(Code 2012)

If appointed, the City Administrator shall:

(a)      Supervise, direct, and assign the duties of all employees and appointed officers, and shall ensure professional development training for them.

(b)     Hire line employees, after consultation with the department heads, and consults with the Mayor/council on the hiring of department heads and city officers.

(c)      Keep the city council and Mayor advised of the city’s activities and operations by making regular financial and activity reports.

(d)     Provide policy options and recommendations when appropriate to the Mayor and city council regarding city operations and executes policy decisions of the council.

(e)      Prepare and recommends a proposed annual budget for the city and reviews all expenditures and may approve expenditures up to the limit outlined in the purchasing policy at the time of purchase without prior council approval.

(f)      Prepare the council meeting agenda in consultation with the Mayor.

(g)      Prepare an agenda and conducts regular staff meetings with the city department heads.

(h)     Pursuant to city personnel policy and procedures, have the authority to suspend and terminate city employees with the advice and consent of the city council.

(i)      Serve on various boards and commissions in representing the city in local, regional and state organizations.

(j)      Provide general educational information to the citizens, the media, and other units of government with policy statements provided by the Mayor.

(Ord. 416; Code 2001; Ord. 785)

The City Clerk shall:

(a)      Be under the direction and control of the City Administrator, if a City Administrator is appointed, in carrying out the administrative functions of the city.

(b)     Train and supervise those personnel serving in the city administrative office.

(c)      Serve as the city accountant, keeping track of various billing accounts, accounts receivable and issuing checks for accounts payable, and payroll and prepare monthly financial reports for the city administrator.

(d)     Keep all official city records, seals, attests and certifies official documents.

(e)      Issue permits and licenses.

(f)      Ensure that municipal court clerk services are provided.

(g)      Invest idle funds in consultation with city’s financial advisor.

(h)     In the absence of a City Administrator execute the duties set forth in subsections (c), (d), (e), (f), and (j) of 1-305.

(Ord. 416; Code 2001)

The City Clerk shall:

(a)      Prepare and keep suitable fiscal records;

(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 2001; Ord. 563, Sec. 1)

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 2001)

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 city clerk shall perform such other duties as may be prescribed by the governing body or the Kansas statutes.

(Code 2001)

The City Clerk may delegate any of the duties set forth in Sections 1-306:309 of this article to the Assistant City Clerk.

(Code 2001)

(a)      The office of assistant city clerk is hereby established. The Mayor may appoint, by and with the consent of the city council, one or more persons to serve as Assistant City Clerk. Each person so appointed and confirmed shall hold the office for a term of one year and until a successor is appointed and confirmed.

(b)     Each 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 2001)

The city treasurer shall:

(a)      Reviews the accounts of the City Clerk for accuracy and confirms approval of the accounts by the city council and approves all warrants and checks issued by the city.

(b)     Performs all duties described in the Kansas Statutes Annotated applicable to treasurers of second class cities.

(K.S.A. 10-803; K.S.A. 12-1608; Ord. 416; Code 2012)

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 before 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 2001)

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 2001)

The Chief of Police is the highest-ranking officer in the Police Department. Under the direction and supervision of the City Administrator, the Chief of Police shall plan, direct and manage all functions of the Police Department in the enforcement of laws and ordinances, the prevention of crime, and the protection of life and property. The duties of the Chief of Police include, but are not limited to, the following:

(a)      Direct and supervise the Police Department;

(b)     Direct and coordinate the enforcement of all federal, state, and local laws and ordinances;

(c)      Plan and direct the implementation of Police Department short and long term goals, objectives, and strategies;

(d)     Plan and schedule work of Police Department personnel;

(e)      Coordinate law enforcement efforts with other federal, state, and local law enforcement agencies;

(f)      Provide adequate and continuing training for Police Department personnel;

(g)      Formulate Police Department rules and regulations as necessary for the proper and efficient operation of the department, to be approved by the Governing Body;

(h)     Prepare budget estimates and control expenditures of all Police Department funds;

(i)      Attend all Governing Body meetings to report and advise on all issues affecting safety or welfare in the City or related to the Police Department’s operations;

(j)      Establish and oversee general community relations program;

(k)     Respond to citizen complaints or concerns;

(l)      Comply with all directives and duties assigned by the City Administrator; and

(m)    Perform such other duties as necessary..

(Ord. 785)

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 2001)

(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 2001)