At the first regular meeting in January of each year the mayor, by and with the consent of council, shall appoint a city clerk and city treasurer, and may appoint a city attorney, municipal judge, chief of police, and such other officers as may be deemed necessary for the best interest of the city. Such officers shall hold their respective offices until their successors have been appointed and qualified. All such appointments shall be entered on the journal of proceedings of the governing body. The duties and salaries of all appointed officers shall be fixed by ordinance.

(K.S.A. 15-204; Code 1978, 1-201; Code 1994; Code 2003; Code 2015; C.O. 2017-1)

The mayor with the consent of council shall have authority to hire all other employees, or such authority may be delegated to the respective department heads.

(Code 1994; Code 2003; Code 2015)

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

(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 1978, 1-203; Code 1994; Code 2003; Code 2015)

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 1978, 1-204; Code 1994; Code 2003; Code 2015)

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 1978, 1-206:212; Code 1994; Code 2003; Code 2015)

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.

(Code 1978, 1-206:212; Code 1994; Code 2003; Code 2015

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 1978, 1-206:212; Code 1994; Code 2003; Code 2015)

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 or the Kansas statutes.

(Code 1978, 1-206:212; Code 1994; Code 2003; Code 2015)

(a)   The office of assistant 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.

(Code 1994; Code 2003; Code 2015)

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 a quarterly 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 1978, 1-213:214: Code 1994; Code 2003; Code 2015)

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 by the city 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 1978, 1-215; Code 1994; Code 2003; Code 2015)

The city superintendent shall be appointed on the basis of his or her qualifications and need not be a resident of the city. Except as otherwise provided by law or the ordinances of the city, the city superintendent shall:

(a)   Manage, direct, control and supervise all the utility, maintenance and general services of the city;

(b)   Recommend to the mayor and city council for hiring of all employees, other than employees of the City Office and Police Department;

(c)   Supervise, direct and assign the duties of employees, other than employees of the City Office and Police Department;

(d)   Have the care and management of all city-owned land, property, buildings and equipment;

(e)   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;

(f)   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;

(g)   Make such recommendations to the governing body as are deemed necessary for effective administration of all city services;

(h)   Keep a record of the number of gallons of water pumped, the gallons of water metered, the cost of pumping, the number of kilowatt hours of electricity generated and the cost of generation;

(i)    Have supervision of the inspection of all plumbing and wiring installations in the city;

(j)    Recommend to the governing body projects for the improvement or enlargement of the water and light plant and shall supervise these projects on approval by the governing body;

(k)   Make and keep up-to-date a map showing the water mains, gate valves and fire hydrants of the city and file the same in the office of the city clerk;

(l)    Perform such other duties as provided for in the City Code and as the governing body may direct.

(Code 1994; Code 2003; Code 2015)

The Chief of Police shall be appointed by the Mayor, with the consent of the city council and shall be certified by the Kansas Law Enforcement Training Center as a law enforcement officer. In addition to his duties and responsibilities as prescribed by law and the ordinances of the city, the chief of police shall:

(a)   Manage and direct the law enforcement efforts of the city police department.

(b)   Manage, direct and supervise all employees of the police department.

(c)   Recommend to the mayor and city council for hiring of all police officers and department employees.

(d)   Attend meetings of the city council as requested by the mayor and/or city council and report regularly on the status of the police department and its operations.

(e)   Make such recommendations to the governing body as are deemed necessary for effective law enforcement and the efficient operations of the police department.

From time to time as determined in the best interest of the city by the city council, the city council can appoint a night watchman on either a full or part time basis. The night watchman so appointed shall be under the control and supervision of the city marshal-chief of police on a day-to-day basis. It shall be the duty of the night watchman to patrol the city streets and alleys in a vehicle provided and maintained by the city, during late evening and early morning hours as determined by the city marshal-chief of police. The authority and scope of employment of the night watchman is expressly limited to that of observation and patrol of the city streets and alleys with the direction that the night watchman is to observe and note all abnormal activity of individuals and vehicles but in no event is the night watchman empowered with any police powers and is not to leave his vehicle to investigate any activity, but rather is directed, upon the observation an abnormal or unusual activity, to contact the city marshal-chief of police or other appropriate law enforcement officers or agencies.

(Ord. 396, Sec. 1-220; Code 1994; Code 2003; Code 2015)

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 1994; Code 2003; Code 2015)

(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.

(K.S.A. 75-4301; Code 1994; Code 2003; Code 2015)