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

Subject to the provisions of K.S.A. 12-16,128, and amendments thereto, the mayor, with the advice and consent of the council shall appoint a city administrator, a city attorney and a municipal judge of the municipal court. Persons in these positions shall serve at the pleasure of the mayor and council. Selection shall be determined by education and experience and other such qualifications as deemed appropriate by the mayor and council. Persons in these positions are ‘Employees at Will’ and may be removed from office at any time subject to the provisions of any existing contractual agreement.

(K.S.A. 15-204; Code 2007; C.O. No. 10; C.O. No. 13)

The city administrator shall appoint all city department heads, including the police chief, fire chief, city clerk, assistant city clerk, treasurer, utility superintendent, and the street and park superintendent with the advice and consent of the mayor and council. The department head positions appointed by the city administrator are ‘Employees at Will’ and may be removed, with or without cause, from office at any time subject to city personnel policies as adopted by the city council.

(K.S.A. 15-204; Code 2007; C.O. No. 10; C.O. No. 13)

All other city employees shall be appointed by the city administrator, if budgeted in the annual city budget or otherwise with consent of the mayor and city council. All appointments made by the city administrator shall be made on the basis of merit as established by employee position descriptions of qualifications and prescribed duties, pay plans, and personnel rules as adopted in regular session by the city council.

(K.S.A. 15-204; Code 2007; C.O. No. 10; C.O. No. 13)

The city administrator shall be responsible for the discipline of all officers appointed by the city administrator and may, without notice, cause the affairs of any department or the conduct of any such officer or employee to be examined.

(K.S.A. 15-204; Code 2007; C.O. No. 10; C.O. No. 13)

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 2007)

There is hereby established the office of city administrator. The city administrator shall be the administrative head of the municipal government under the direction and supervision of the governing body and mayor. The duties of city administrator shall be as follows:

(a)   To devote all necessary time and attention to the affairs of the city and be responsible to the governing body and mayor for the efficient administration of its affairs;

(b)   To recommend to the governing body such measures as he or she may deem necessary or expedient;

(c)   Supervise and control all administrative departments, officers and agencies.

(d)   Prepare a budget annually and submit it to the Council and be responsible for the administration of the budget after it goes into effect and recommend to the Council any changes in the budget which the city administrator deems desirable.

(e)   Keep Council advised of financial condition and future needs of the City, make recommendations as deemed desirable.

(f)   Perform such other duties as may be prescribed by law or ordinance.

(g)   Administers all personnel benefits and records.

(h)   May suspend all other non-appointed employees when necessary.

(Code 2007; Ord. 07-003)

(a)   The city administrator shall act as purchasing agent for the city and purchase all merchandise, material, and supplies needed by the city, subject to any written procurement policy established by the city and then in effect, and may establish, if needed, a suitable storehouse where such supplies shall be kept and from which the same shall be issued as needed.

(b)   In case of circumstances creating an emergency, the city administrator may award contracts and make purchases for the purpose of repairing damages caused by the accident or avoiding the public emergency. However, as soon as practicable afterwards, the city administrator shall provide disclosure to the governing body showing such emergency and the necessity of such action, in order to receive approval for such expenditures by the governing body.

(Ord. 07-003)

There is hereby established the office of city clerk.  The duties of the city clerk shall be as follows:

(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 2007)

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 2007)

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 2007)

There is hereby established the office of assistant city clerk.  The duties of the assistant city clerk shall be as follows:

(a)   The assistant city clerk shall perform those duties assigned to that office by the city clerk.

(b)   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.

(Code 2007)

There is hereby established the office of city treasurer.  The duties of the city treasurer shall be as follows:

(a)   Keep a full and accurate record of all money received and paid out in a ledger book provided by the governing body;

(b)   Publish an annual financial statement;

(c)   Deposit all public moneys and sign all checks of the city;

(d)   Pay out city funds only upon orders or warrants properly signed by the mayor and city clerk;

(e)   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 2007)

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 in 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 council when so directed to attend by the council;

(b)   Advise the city council 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 council, 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 2007)

(a)   There is hereby established the office of city prosecutor.  No person shall be eligible for the office of city prosecutor who is not an attorney at law admitted to practice law in the State of Kansas.  The city prosecutor shall:

(1)   Attend meetings of the governing body when so directed to attend by the mayor or city attorney;

(2)   Advise the city council and all officers of the city upon legal questions affecting the city and its officers as may be submitted to him or her;

(3)   Draft such ordinances and other instruments in writing as may be submitted to him or her in the regular transactions of the affairs of the city;

(4)   Appear and prosecute all violations of city ordinances in municipal court;

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

(b)   The governing body may appoint a city prosecutor in accordance with section 1-301.  In the event that there is no city prosecutor, the city attorney shall serve in such capacity.

(Code 2007)

There is hereby established the office of street superintendent.  The duties of the street superintendent shall be as follows:

(a)   Have supervision of the maintenance and repair of all streets, alleys, lanes and other public thoroughfares of the city, in the performance of which, he or she shall see that all dirt streets are maintained as soon as possible after each rain, keep in repair all streets that have been chatted or graveled, see that all crosswalks and gutters are properly cleaned, cause to be removed from the streets any obstructions, nuisances, and dangerous objects, and shall notify the council of all repairs needed on the streets of the city;

(b)   Be responsible for the observation of the condition of sidewalks and other footways of the city respecting their safety and state of repair and shall report to the city clerk all sidewalks believed to be in a dangerous condition or in need of repair;

(c)   Have charge of the trimming of trees standing in the easement of city streets.  It shall be the duty of the city superintendent to report to the city clerk all property upon which weeds are growing in violation of the ordinances of the city.

(d)   Responsible for the collection of trash and the condition of all parks.

(e)   Perform such other and further duties for and on behalf of the city as authorized by the council and directed by the city administrator.

(Code 1986, 1-305; Code 2007)

There is hereby established the office of utilities superintendent.  The duties of the utilities superintendent shall be as follows:

(a)   Have the charge, care, and operation of the water plant and the water, sewer and electrical distribution systems of the city and all tools, equipment, and machinery used in connection therewith;

(b)   Recommend to the city council projects for the improvement or enlargement of the systems and make such monthly and annual reports as may be required by the mayor and council;

(c)   Perform such other duties as may be prescribed by ordinance or by the governing body.

(Code 1986, 1-306; Code 2007)

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 1986, 1-308; Code 2007)

(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 1986, 1-309; Code 2007)