Article 2. Governing Body

1-201.        Governing body; compensation.

(a)   The governing body of the city shall consist of the mayor and five councilmembers to be elected as set out in chapter 6 of this code.

(b)   The mayor shall receive as compensation for his services $200.00 per month, and council members shall receive compensation for their services $100.00 per month, beginning January 1, 2017, and every month thereafter.

1-202.        Same; powers generally.

All powers exercised by cities of the third class or which shall hereafter be conferred upon them shall be exercised by the governing body, subject to such limitations as prescribed by law. All executive and administrative authority granted or limited by law shall be vested in the mayor and council as governing body of the city.

1-203.        Meetings.

(a)   Regular meetings of the governing body shall be held on the second and fourth Tuesday of each month at 6:30 p.m. In the event the regular meeting day shall be a legal holiday, the governing body shall meet on the next regular working day at the same place and time.

(b)   Special meetings may be called by the mayor at any time upon written request of no fewer than three members of the council. The request shall state the matters to be discussed at such special meeting and no other matters may be considered at such meeting.

(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.

1-204.        Quorum.

At all meetings of the governing body, a majority of the councilmembers-elect shall constitute a quorum to do business.

1-205.        Powers of the mayor.

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)   Have the superintending control of all officers and affairs of the city;

(b)   Take care that the ordinances of the city are complied with;

(c)   Sign the commissions and appointments of all officers elected or appointed;

(d)   Endorse the approval of the governing body on all official bonds;

(e)   From time to time communicate to the city council such information and recommend such measures as he or she may deem advisable;

(f)   Have the power to approve or veto any ordinance as the laws of the state shall prescribe;

(g)   Sign all orders and drafts drawn upon the city treasury for money.

1-206.        President of the council.

The city council shall elect one of its own body as president of the council. The president of the council shall preside at all meetings of the council in the absence of the mayor. In the absence of both the mayor and the president of the council, the council shall elect one of its members as “acting president of the council.” The president and acting president, when occupying the place of mayor, shall have the same privileges as other councilmembers.

1-207.        Vacancies on the governing body; how filled.

(a)   Mayor. In case of a vacancy in the office of mayor by reason of resignation, death or removal from office or from the city, the president of the council shall become mayor until the next regular election for that office and a vacancy shall occur in the office of the council member becoming mayor.

(b)   Council members. In case of a vacancy in the council occurring by reason of resignation, death or removal from office or from the city, the mayor, by and with the advice and consent of the remaining council members, shall appoint some suitable elector to fill the vacancy until the next election for that office. In case any person elected as a council member neglects or refuses to qualify within 30 days after his election, he shall be deemed to have refused to accept such office and a vacancy shall be deemed to exist. Thereupon, the mayor may, with the consent of the remaining council members, appoint some suitable elector to fill the vacancy.

1-208.        Code of procedure for Kansas cities incorporated.

There is hereby incorporated by reference for the purpose of establishing a code of procedure for the conduct of city council meetings of the City of Clearwater, Kansas, that certain code known as the “Code of Procedure for Kansas Cities,” Fourth Edition (2017), prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed. At least one copy of said Code of Procedure for Kansas Cities shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Clearwater, Kansas,” with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this section, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.

1-209.        Comments from the public at city council meetings.

(a)   Comments invited. Comments from the public may be invited and permitted at each city council meeting at the beginning of the meeting for issues not on the agenda and on any subject, provided that no action shall be taken by the city council, except in cases of emergency, on any item not appearing on the agenda. Comments from the public may be invited and permitted on each agenda item, before a final vote is taken on the agenda item.

(b)   Disruptions prohibited. Nothing herein shall permit any person or group to disrupt any meeting of the city council. Any person disrupting any meeting shall be advised by the mayor (or presiding council member) or any police officer to cease the disruption. If the person fails to cease the disruption, the person may be ejected from the meeting, and any person so disrupting a meeting may be subject to a fine of not less than $5.00 nor more than $100.00 for each offense.

(c)   Recognition by chairperson; time limits. A person desiring to speak at a meeting of the city council shall obtain recognition of the mayor (or presiding council member) before speaking. Unless otherwise ordered by a majority of the members of the city council present at a meeting, no person shall speak to the city council for more than five minutes on any one topic. The same person may address the city council for five minutes each on more than one topic.

(d)   City officers and employees. Nothing in this section shall prohibit any member of the city council from speaking at any time and at any length, subject to rules of order, and nothing herein shall prohibit any city officer or employee from asking for recognition and making a comment or suggestion at any time during the city council proceedings.

(e)   Comments on agenda item; time limit. During the discussion of any agenda item, the mayor or other person presiding at the meeting may recognize any persons present at the meeting desiring to comment on that particular item. The mayor or other person presiding may limit the time taken per person for such comments.