Subject to the provisions of KS.A. 2015 Supp. 12-16,128, and amendments thereto, the mayor, with the consent of the council, may appoint, at the first regular meeting of the governing body in January of each year, the following city officers: municipal judge, city clerk, city treasurer, chief of police, city administrator, city attorney, city inspector, chief of the fire department, animal control officer, and any other officers as may be deemed necessary in the best interest of the city. Such officers shall hold an initial term of office of not to exceed one (1) year and until their successors have been appointed and qualified. Any officers who are reappointed shall hold their offices for a term of one (1) year and until their successors are appointed and qualified. The duties and pay of the various officers shall be regulated by ordinance.
(K.S.A. 14-302, 15-204; Ord. 440, Sec.1; C.O. No.3, Sec. 2; Code 1986; Ord. 772; Ord. 868; C.O. No. 7B; Code 2018)
The city administrator shall have authority to hire all other employees other than assistants to the city clerk, and fire department personnel.
(Ord. 441, Sec. 1; Code 2003)
(a) Any officer may be removed by a majority vote of the total membership elected or appointed to the council.
(b) For good cause, the mayor may suspend at any time any appointed officer.
(c) Employees, other than appointed officers, may be removed by the mayor upon recommendation of the respective department heads.
(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.
(K.S.A. 15-204; Code 2003; C.O. No. 7B; Code 2018)
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 1986)
(a) All employees of the city, including those appointed pursuant to K.S.A. 15-209, may reside outside the city limits of the city, but they shall reside within Kearny County, Kansas.
(b) Employees with the public works department (street, electric, water, and sewer) shall reside within a ten (10) minute response time, in all weather conditions, to the city.
(c) The city attorney may be a non-resident of Kearny County, but shall live in the State of Kansas.
(d) The mayor and all council members shall be residents of the city.
(C.O. No. 8; C.O. No. 11; Code 2018)
The city administrator shall hire all non-appointive city personnel including department superintendents, and employees other than assistants to the city clerk and fire department, with full authority to fire for cause or legally terminate the contract of employment and shall:
(a) Manage, direct, control, and supervise all the administrative departments and services of the city;
(b) Generally supervise the putting into effect and enforcement of all city ordinances;
(c) Supervise, direct, and assign the duties of all nonappointive officers and employees excluding assistants to the city clerk and fire department;
(d) Prepare and submit the annual budget of the governing body and keep it fully, completely and timely advised as to the financial condition of the city;
(e) Exercise general supervision and control over all city purchases and expenditures in accordance with the budget and such policies as may be established by the governing body;
(f) Recommend to the governing body a schedule of salaries for all city employees;
(g) Have the care and management of all city-owned land, property, buildings, and equipment;
(h) Develop and prepare such planning, short-range as well as long-range, as the governing body shall request and shall submit such planning to the governing body for action;
(i) Attend all meetings of the governing body and such other meetings of commissions and other organizations as the governing body shall designate and shall regularly report on the status of the city and its services to the governing body;
(j) Make such recommendations to the governing body as are deemed necessary for effective administration of all city services;
(k) Be responsible for the proper and efficient discharge of the duties of all city department heads and employees;
(l) Accept and take appropriate action on all citizen complaints;
(m) Perform such other duties as the governing body may direct.
(Ord. 441, Sec. 1)
The city clerk shall hire non-appointive assistants to the city clerk, with full authority to fire for cause or legally terminate the contract of employment and 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.
(Code 1967, 1-202:203; Code 2003)
The city clerk shall:
(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.
(f) Destroy old city records as provided by K.S.A. 12-120.
(Code 1967, 1-204:214; Code 1986)
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 1967, 1-204; Code 1986)
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 of the Kansas statutes.
(Code 1967, 1-215; Code 1986)
(a) The office of assistant city clerk is hereby established. The mayor may appoint, by and with the consent of the city council, the assistant city clerk. The person so appointed and confirmed shall hold the office for a term of one year and until a successor is appointed and confirmed.
(b) The assistant city clerk shall perform those duties assigned to that office by the city clerk.
(c) 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.
(Ord. 487, Secs. 1:2; Code 2003; Code 2018)
The city treasurer shall:
(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) May sign checks for the city;
(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 1967, 1-216:218; Code 2003)
There is hereby established the office of city attorney. The city attorney shall be appointed by the mayor, with the council consent on the first meeting of May. No person shall be eligible for the office of city attorney who is not an attorney at law admitted to practice in the Supreme Court of 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 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.
(Code 1967, 1-219:220; Code 2003)
The city engineer shall be a licensed professional engineer in the State of Kansas. He or she shall be responsible for the design and specifications for all city streets, sewers, water lines, public buildings and other public facilities and other duties as assigned.
(Code 2003)
There is hereby established the office of municipal judge. The municipal judge shall be appointed by the mayor, with council consent on the first meeting of May.
(a) He or she shall receive a monthly salary set by ordinance (K.S.A. 12-4104). Compensation shall not be based upon court fines or court costs.
(b) He or she has the duty to try all cases of alleged violations of city ordinances properly before the court.
(c) He or she shall have the power to determine applications for parole, to release on probation, to grant time to pay a fine, to correct a sentence, to suspend imposition of a sentence, to set aside a judgment and to discharge accused persons.
(K.S.A. 12-4106; Code 2003)
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)
(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;
(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)
(a) In order to avoid favoritism or the appearance of favoritism based on family relationship, no one shall be employed full-time within the same department, that is a relative of a present employee.
Include only an employee’s parents, step-parents, spouse, children, sister or brother, grandparents, grandchildren, mother or father-in-law, brothers or sisters-in-law, and aunts or uncles.
(b) If two employees within the same department marry or otherwise obtain a relationship whereby they become members of each other’s immediate family, one of the employees shall be transferred to another department, if possible, if the relationship creates a supervisor/subordinate relationship, without loss of pay or other benefits. However, the establishment of such a relationship shall not be the basis for termination of employment.
(Code 2003)