Subject to theprovisions of K.S.A. 12-16,128, and amendments thereto, the Mayor shallappoint, by and with the consent of the governing body, a city administrator, amunicipal judge of the municipal court, and a city attorney. The cityadministrator shall oversee and direct the activities of such officers as itrelates to the administration and affairs of the city, but no such officer maybe suspended or removed except by the governing body.
(K.S.A. 14-201; C.O. No. 9; Code2012; C.O. No. 15)
The Mayor, with the consentof the council, shall have authority to hire all other employees, or suchauthority may be delegated to the respective department heads.
(Code 2001)
(a) A majority of all members elect of theGoverning Body may remove any appointed officer at any time, with or withoutcause.
(b) The Mayor may suspend at any time anyappointed officer.
(c) Employees, other than appointed officers,may be removed by the Mayor upon recommendation of the respective departmentheads.
(Code 2012)
Whenever a vacancyoccurs in any appointive office for whatever reason, the vacancy shall befilled by the governing body. Any person appointed to fill such vacancy shallserve only until the next regular time for appointment.
(Code 2012)
The city administratorshall act as the administrative head of the city and shall direct the affairsof the city within the limits of the budget, the policies established by thecity council, and all other requirements of law. The city administrator shallsee that the laws and ordinances of the city are enforced. The cityadministrator shall supervise, direct, and assign the duties of all employeesand officers of the city, except for the municipal court judge and cityattorney. Such employees and officers shall serve at the pleasure of the cityadministrator, but no officer or department head shall be appointed, promoted,transferred, demoted, disciplined, laid off, suspended, discharged, or removedwithout first seeking advice and input from the governing body. Such officersof the city shall include the chief of police, city clerk, city treasurer, andpolice officers. All such appointments shall be made upon merit and fitnessalone. The city administrator may delegate the authority to appoint, promote,transfer, assign and demote, discipline, lay off, suspend, discharge, or removesubordinate officers and employees of the city to department heads. Inaddition, the city administrator may, without notice, cause the affairs of anydepartment or the conduct of any officer or employee to be examined. The cityadministrator shall prepare and submit the annual budget to the governing bodyand also keep the governing body fully advised as to the financial conditionsand needs of the city. The city administrator may make recommendations to thegoverning body on all matters concerning the welfare of the city and shall havea seat, but no vote, in all of the public meetings of the governing body. Thecity administrator, or his or her designee, may enter into, execute, approveand accept, on behalf of the city, all contracts, agreements and otherdocuments as designated by the governing body. All administrative duties notspecifically required by statute to be performed by the city council aredelegated to the city administrator.
(Ord. 416; Code 2001; Ord.785; C.O. No. 15)
The City Clerk shall:
(a) Be under the direction and control of theCity Administrator, if a City Administrator is appointed, in carrying out theadministrative functions of the city.
(b) Train and supervise those personnel servingin the city administrative office.
(c) Serve as the city accountant, keepingtrack of various billing accounts, accounts receivable and issuing checks foraccounts payable, and payroll and prepare monthly financial reports for thecity administrator.
(d) Keep all official city records, seals,attests and certifies official documents.
(e) Issue permits and licenses.
(f) Ensure that municipal court clerk servicesare provided.
(g) Invest idle funds in consultation withcity’s financial advisor.
(h) In the absence of a City Administratorexecute the duties set forth in subsections (c), (d), (e), (f), and (j) of1-305.
(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 forgoods or services rendered for the consideration of the Governing Body. His orher accounts shall properly show the amounts paid from any fund of the city andthe cash balance existing in each fund;
(d) Keep an accurate account of all bondsissued 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 thecity 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 allpurposes pertaining to the business and affairs of the city;
(c) Keep suitable files of all such oathsrequired to be deposited in his or her office.
(Code 2001)
The city clerk isdesignated as the withholding agent of the city for the purposes of the FederalRevenue (Income) Act, and shall perform the duties required of withholdingagents by said act or any other act requiring withholding from the compensationof any city officer or employee. The city clerk shall perform such other dutiesas may be prescribed by the governing body or the Kansas statutes.
(Code 2001)
The City Clerk maydelegate any of the duties set forth in Sections 1-306:309 of this article tothe Assistant City Clerk.
(Code 2001)
(a) The office of assistant city clerk ishereby 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 appointedand confirmed shall hold the office for a term of one year and until asuccessor is appointed and confirmed.
(b) Each assistant city clerk shall performthose duties assigned to that office by the city clerk.
(c) Whenever a vacancy occurs in the positionof city clerk and the city is without a person appointed, confirmed orqualified to hold that office, the assistant city clerk shall become the actingcity clerk and fulfill the duties of that office.
(d) Compensation of the assistant city clerkshall be set by ordinance passed by the governing body.
(Code 2001)
The city treasurershall:
(a) Reviews the accounts of the City Clerk foraccuracy and confirms approval of the accounts by the city council and approvesall warrants and checks issued by the city.
(b) Performs all duties described in the KansasStatutes Annotated applicable to treasurers of second class cities.
(K.S.A. 10-803; K.S.A.12-1608; Ord. 416; Code 2012)
There is herebyestablished the office of city attorney. No person shall be eligible for theoffice of city attorney who is not an attorney at law admitted to practice beforethe Supreme Court of the State of Kansas. The city attorney shall be chargedwith the general direction and supervision of the legal affairs of the city.The city attorney shall:
(a) Attend meetings of the city governing bodywhen so directed to attend by the governing body;
(b) Advise the city governing body and allofficers of the city upon such legal questions affecting the city and itsoffices as may be submitted to him or her;
(c) When requested by the city governing bodygive opinions in writing upon any such questions;
(d) Draft such ordinances, contracts, leases,easem*nts, conveyances and other instruments in writing as may be submitted tohim or her in the regular transaction of affairs of the city;
(e) Approve all ordinances of the city as toform and legality;
(f) Attend planning commission and board ofzoning appeals meetings when so directed by the boards;
(g) Appear and prosecute all violations ofcity ordinances in municipal court when his or her services shall be required;
(h) Perform such other duties as may beprescribed by the governing body and the Kansas statutes.
(Code 2001)
The city engineershall be a licensed professional engineer in the State of Kansas. He or sheshall be responsible for:
(a) The design and specifications for all citystreets, sewers, water lines, public buildings and other publicfacilities;
(b) The inspection of all public works projectsincluding streets, sewers, water lines and other public facilities;
(c) The general supervision of the maintenanceand repair of all public facilities.
(Code 2001)
The Chief of Police isthe highest-ranking officer in the Police Department. Under the direction andsupervision of the City Administrator, the Chief of Police shall plan, directand manage all functions of the Police Department in the enforcement of lawsand ordinances, the prevention of crime, and the protection of life andproperty. The duties of the Chief of Police include, but are not limited to,the following:
(a) Direct and supervise the PoliceDepartment;
(b) Direct and coordinate the enforcement ofall federal, state, and local laws and ordinances;
(c) Plan and direct the implementation ofPolice Department short and long term goals, objectives, and strategies;
(d) Plan and schedule work of Police Departmentpersonnel;
(e) Coordinate law enforcement efforts withother federal, state, and local law enforcement agencies;
(f) Provide adequate and continuing trainingfor Police Department personnel;
(g) Formulate Police Department rules andregulations as necessary for the proper and efficient operation of thedepartment, to be approved by the Governing Body;
(h) Prepare budget estimates and controlexpenditures of all Police Department funds;
(i) Attend all Governing Body meetings toreport and advise on all issues affecting safety or welfare in the City orrelated to the Police Department’s operations;
(j) Establish and oversee general communityrelations program;
(k) Respond to citizen complaints or concerns;
(l) Comply with all directives and dutiesassigned by the City Administrator; and
(m) Perform such other duties as necessary..
(Ord. 785)
The same person may beappointed to more than one appointive office, or employed in more than onedepartment, except that the same person shall not be appointed to incompatibleoffices. Salaries or wages of such persons shall be prorated between the properfunds of the several offices or departments.
(Code 2001)
(a) No city officer or employee shall be signatoryupon, discuss in an official capacity, vote on any issue concerning or otherwiseparticipate in his or her capacity as a public official or employee in themaking of any contract with any person or business:
(1) In which the officer or employee ownsa legal or equitable interest exceeding $5,000 or five percent, whichever isless, 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, anysalary, gratuity, other compensation or a contract for or promise orexpectation of any such salary, gratuity or other compensation or remunerationhaving a dollar value of $1,000 or more; or
(3) In which he or she shall hold theposition of officer or director, irrespective of the amount of compensationreceived 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 competitivebidding has been solicited by published notice; and
(2) Contracts for property or services forwhich the price or rate is fixed by law.
(K.S.A. 75-4301; Code 2001)
