A CHARTER ORDINANCE AMENDING CHARTER ORDINANCE NO. 10 OF THE CITY OF GREENSBURG, KANSAS WHICH EXEMPTED THE CITY OF GREENSBURG, KANSAS, FROM THE PROVISIONS OF K.S.A. 15-204 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GREENSBURG, KANSAS CHARTER ORDINANCE NO. 10 OF THE CITY OF GREENSBURG, KANSAS IS HEREBY AMENDED TO READ AS FOLLOWS:

SECTION 1. INAPPLICABILITY. The City of Greensburg, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas and as provided by K.S.A. 79-5036(a) hereby elects to exempt itself from a portion of K.S.A. 15-204, which portion provides for the appointment, duties and removal of city officers, and which enactment applies to this city but does not apply uniformly to all cities and hereby provides substitute and additional provisions as hereinafter set forth.

SECTION 2. SUBSTITUTION AND ADDITIONAL PROVISIONS. The following is hereby substituted for K.S.A. 15-204: “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. The city administrator shall appoint all city department heads, including the police chief, 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. 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.

SECTION 3. TRANSITION OF APPOINTED OFFICERS; ADDITIONAL PROVISIONS. The current officers appointed by the Mayor, with the consent of the Council or the City Administrator, which include a municipal judge of the municipal court, a municipal court clerk, a city clerk, a deputy city clerk, a treasurer, and a city attorney shall remain in their position until the effective date of this Ordinance, which is 61 days after the final publication, unless stayed by a sufficient petition for referendum, as provided by law. Thereafter, each of said officers may be appointed by the mayor or city administrator, as provided in Section 2.

SECTION 4. DISCIPLINE AND REMOVAL; ADDITIONAL PROVISIONS. 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.

(11-07-2011)