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

The mayor shall appoint, by and with the consent of the council, a municipal judge, prosecutor, city attorney, city engineer, city administrator, city treasurer, fire chief, and assistant fire chief, and such other officers as the mayor and council deem necessary. All officers so appointed shall hold their offices for an indefinite term. The Mayor shall appoint a municipal judge at the first regular meeting of the governing body in May of 2008, or as soon thereafter as is practical.

(K.S.A. 14-201; C.O. No. 24, Sec. 5; Code 2009; C.O. No. 25)

Except as provided in Charter Ordinance No. 24 and subject to the limitations imposed by any other ordinance of the city, the city administrator shall be responsible for the hiring and continued employment of all city employees. All department heads shall make regular reports to the city administrator and shall be ready at all times to furnish him or her with such information as he or she may require.

(C.O. No. 24, Sec. 7; Code 2009)

Unless an ordinance or written contract between the city and officer provides otherwise, all officers may be removed, with or without cause, upon a two-thirds vote of all members of the governing body. Notwithstanding the foregoing, the Mayor shall appoint a municipal judge at the first regular meeting of the governing body in May of 2008, or as soon thereafter as is practical.

(K.S.A. 14-201; C.O. No. 24, Sec. 5; Code 2009; C.O. No. 25)

The officers elected pursuant to statute shall be qualified electors of said city. The removal from such city of any officer elected pursuant to statute shall occasion a vacancy in such office. All appointed officials or officers of the city shall be residents of the State of Kansas. Appointed officials or officers, by way of example, include, but are not limited to, the city administrator, the city treasurer, the city engineer, the city attorney, the prosecuting attorney, the municipal judge, the pro tempore municipal judge and law enforcement officers. Provided, however, that, notwithstanding the foregoing, if the official or officer is appointed to perform a service for the city involving a profession requiring the issuance of, and credentials for, a Kansas license to engage in such profession, and the officer or official holds such license and is in good standing with the issuer of such license, then nothing herein (including a residency requirement) shall prohibit the city from appointing such official or officer. In the event that any appointed officer or official does not meet the requirements of this Section, then a vacancy in the office shall be deemed to have occurred. All vacancies in office, except in the offices of mayor and council members, may be filled until the next regular time for appointment by appointment by the Mayor by and with the consent of the Council. Every appointment to office, and the date thereof, shall be entered on the journal of the proceedings of the council.

(C.O. No. 5, Sec. 3; Ord. 2079, Sec. 1, C.O. No. 22, Sec. 6; Code 2009)

(a)   Qualifications. The position of City Administrator involves highly responsible and managerial work in the direction and administration of the government for the city, under the general supervision of the Governing Body. The position is responsible for the planning, organizing, coordinating, directing and evaluating all municipal activities according to policies set by the governing body. The governing body retains complete discretion as to the necessary qualifications for the position of City Administrator.

(b)   Term of Appointment. The mayor, with the advice and consent of the city council shall appoint an individual to the position of city administrator. The initial term of the appointment, subject only to any probationary period, shall be for one year. Subsequent appointments of the same individual shall be for terms as determined by the governing body.

(c)   Duties. In addition to the overall responsibility for all city employees and day to day operations of all functions of city government, and such additional duties or functions as directed by the governing body from time to time, the city administrator shall be specifically responsible to perform all duties as defined and set forth in the job description determined by the governing body and maintained in city hall. The city administrator shall supervise the day-to-day operations of the city, including the offices of the city clerk and city finance officer, and the department of public works. Except as herein provided and subject to the limitations imposed by any other ordinance of the city, the city administrator shall be responsible for the hiring and the continued employment of all city employees. All department heads shall make regular reports to the city administrator and shall be ready at all times to furnish him or her with such information as he or she may require.

(d)   Compensation. The city administrator shall receive such compensation as may be determined by the governing body and such compensation shall be payable bi-weekly. The city administrator shall receive all employment benefits provided to other city employees as set forth in the Personnel Policy and Procedures Manual.

(e)   Work Directives. It shall be the general practice of the mayor and city council to issue all orders and directives to all city officers and departments and receive reports and communications therefrom through the office of the city administrator.

(f)    Limitations. At no time shall the duties and/or powers of the city administrator supersede any action by the governing body.

(Ord. 945, Secs. 1:6; Ord. 2080, Sec.1; C.O. No. 22, Sec. 7; Code 2009)

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.

(Code 1998)

The city administrator shall:

(a)   Prepare and keep suitable fiscal records as required by Kansas law;

(b)   Prepare the annual budget;

(c)   Audit all claims against the city for goods or services rendered for the consideration of the governing body. 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 1998; Ord. 2081, Sec. 1)

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 1998)

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)   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 1998)

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 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 governing body when so directed to attend by the governing body;

(b)   Advise the city 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, 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;

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

(Code 1998)

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

(3)   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 2009)

The city engineer shall be a licensed professional engineer in the State of Kansas. He or she, at the direction of the city administrator, shall perform all duties regarding engineering services.

(Code 1998)

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.

(Code 1998)