Article 3. Officers And Employees

1-301.        Appointments; residency.

(a)   The mayor, by and with the consent of the council, shall appoint a city clerk and city treasurer, and may appoint a city attorney, municipal judge, chief of police, police officers, city engineer and such other officers as may be deemed necessary for the best interest of the city. All such appointments shall be entered on the journal of proceedings of the council. The duties and salaries of all appointed officers shall be fixed by ordinance.

(b)   The city has exempted itself from K.S.A. 15-201, pertaining to mayoral appointments to any city board, commission, advisory group or other body which is subject to approval of the city council.

(c)   The city has exempted itself from K.S.A. 15-209, as it applies to appointment of nonresidents of the city as city officers. Unless an appointed city officer is otherwise required by this Code to maintain residency within the City throughout the entirety of their appointment, if the mayor is authorized to make an appointment to office, then he may do so without regard to the residency of the appointee, except that the appointee must be a resident of this state. All other provisions of K.S.A. shall be applicable to the city.

(d)   All appointees by the mayor to the Chisholm Trail Recreation Commission shall be subject to the same residency requirements as any appointed city officer who is required to maintain residency within the City throughout the entirety of their appointment.

1-302.        Employees.

The governing body shall have authority to hire all other employees, or such authority may be delegated to the respective department heads.

1-303.        Removal.

(a)   A majority of all members-elect of the governing body may remove any appointed officer.

(b)   For good cause, the mayor may suspend any appointed officer, and such officer may be removed with consent of the council in accordance with subsection (d).

(c)   Employees, other than appointed officers, may be suspended by the mayor upon recommendation of the respective department heads and may be removed in accordance with subsection (d).

(d)   No officer or employee shall be removed for any reason until he or she has been given notice and afforded the opportunity for a hearing.

1-304.        Vacancy in office.

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.

1-305.        City administrator.

(a)   Position established. The city council has created the position of city administrator.

(b)   Appointment and removal. The city administrator shall be appointed by the mayor, with the consent of the council, and may be removed from office as provided for other city appointees.

(c)   Residency. The city administrator shall be a resident of the state.

(d)   Holding other offices. The same person may hold the office of city clerk and city administrator, or city treasurer and city administrator.

(e)   Compensation. The compensation of the city administrator shall be as determined by the council and set by resolution yearly.

(f)   Powers and duties generally. The powers, duties and responsibilities of the city administrator, except as otherwise provided by law or the ordinances of the city, shall be as follows:

(1)   Direct, control and supervise all the administrative departments and services of the city;

(2)   Recommend to the mayor and council suitable persons to be hired or appointed to carry out the functions of the city and make recommendations for the termination of the employment or suspension of said employees when the city administrator deems such action necessary and appropriate;

(3)   Supervise, direct and assign the duties of all appointive officers and employees;

(4)   Prepare a proposed annual budget and submit the same to the city council prior to the time required for publication of the proposed budget and budget hearings to be conducted by the city council;

(5)   Inform the city council, at least monthly, of the financial condition of the city and its budget status;

(6)   Exercise general supervision and control over all city purchases and expenditures within budgetary limitations and recommend purchasing policies to the city council;

(7)   Recommend to the city council a schedule of salaries for all officers and employees;

(8)   Maintain an inventory of and supervise the care and management of all city-owned property and equipment;

(9)   Assist the planning commission in the development and preparation of short-range and long-range planning and convey the recommendations of the planning commission to the city council for action;

(10) Attend, insofar as possible, all meetings of the city council and its subordinate planning commissions and boards and regularly report the status of the city to the planning commissions, boards and the city council;

(11) Ascertain available federal and state programs and advise the city council as to possible grants or other benefits of the programs and prepare and submit applications for such grants and benefits as the city council may direct;

(12) Make such recommendations to the city council as the administrator deems necessary for the most effective and efficient administration of all city departments and the provision of maximum benefit to the citizens of the city for the services rendered;

(13) Perform such other duties as the city council may direct.

(g)   Authority to promulgate personnel rules and regulations. The city administrator is authorized to promulgate personnel rules and regulations, establish the administrative responsibility therefor, prepare job descriptions, provide a disciplinary plan, grievance procedure and other appropriate and necessary rules and regulations for the governing of the personnel policies of the city. This promulgated plan shall be presented to the city council for its approval. On approval by resolution of the city council, the same shall be in full force and effect. Such regulations may be amended by following the same procedure used in their original adoption.

1-306.        City clerk.

The city clerk shall:

(a)   Be custodian of all city records, books, files, papers, documents and other personal effects belonging to the city and not properly pertaining to any other office;

(b)   Carry on all official correspondence of the city;

(c)   Attend and keep a record of the proceedings of all regular and special meetings of the governing body;

(d)   Enter every appointment of office and the date thereof in the journal;

(e)   Enter or place each ordinance of the city in the ordinance books after its passage;

(f)   Publish all ordinances, except those appropriating money, and such resolutions, notices and proclamations as may be required by law or ordinance.

(g)   Deposit all public moneys;

(h)   Pay out the funds of the city upon warrant and checks properly signed by the mayor, city clerk, and city treasurer.

1-307.        Same; fiscal records.

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.

1-308.        Same; seal; oaths.

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.

1-309.        Same; withholding agent.

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 actor 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 of the Kansas statutes.

1-310.        City treasurer.

The city treasurer shall:

(a)   Keep a full and accurate record;

(b)   Publish an annual financial statement;

(c)   Sign all checks of the city;

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

1-311.        City attorney.

The city attorney shall:

(a)   Attend meetings of the governing body when so directed to attend by the governing body;

(b)   Advise the 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 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.

1-312.        City engineer.

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.

1-313.        Appointment or employment in more than one position.

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.

1-314.        Conflict of interest.

(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.