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

The board of commissioners shall appoint by a majority vote of all the members thereof, the following officers: a city attorney, a city clerk, a city treasurer, a municipal judge, a chief of police, a city superintendent, a fire chief, and such other officers, assistants and employees as they may deem necessary for the best result of the city. The term of appointive officers shall be for the term of two years and until their successors are appointed and qualified. In appointments to fill vacancies, such appointee shall only serve for the remainder of the term for which his or her predecessor was appointed. The mayor and commissioners shall specify the duties of all appointive officers and their compensation shall be fixed by ordinance.

(K.S.A. Supp. 14-1501; Code 1973, 1-301)

There is hereby created and established the office of city administrator. Such city administrator shall be appointed by the mayor by and with the consent of the city commission and he or she shall serve at the pleasure of the commission. The city administrator shall be appointed on the basis of his or her qualifications and his or her ability and must be a resident of the city. The provisions as stated in section 1-301 of the city code shall apply to the city administrator position. The same person may hold the office of city clerk and the office of city administrator.

(Ord. 2630, Sec. 1)

No personal shall be eligible to any appointive office unless he or she shall be a bona fide resident of the city or of the territory within a two (2) mile radius of such city prior to his or her appointment, except that the city may hire nonresident expert employees or appoint nonresidents as a municipal judge, a city attorney, or as law enforcement officers when deemed necessary by the board of commissioners, including the appointment of nonresidents who also serve as municipal judge, city attorney, or law enforcement officers of another municipality or public agency: Provided, That nothing herein shall authorize the appointment of nonresidents of this state.

(K.S.A. 14-1502; Code 1973, 1-302; C.O. No. 19; Code 2016)

The governing body for good cause may remove any appointive officer or employee whose appointment is herein provided. However, no officer or employee may be terminated without due process.

(K.S.A. 14-1503; Code 1973, 1-303; Code 1982)

Except as otherwise provided by law or the ordinances of the city, the city administrator shall:

(a)   Manage, direct, control and supervise all the administrative department and services of the city

(b)   Recommend to the mayor and the city commission and other boards for hiring and discharging appointive officers and employees;

(c)   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;

(d)   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;

(e)   Recommend to the governing body a schedule of salaries for all officers and employees;

(f)    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;

(g)   Attend all meetings of the governing body and such other meetings of commissioners 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;

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

(i)    Be responsible for the proper and efficient discharge of the duties of all city administrative officers and employees;

(j)    Perform such other duties as the governing body may direct.

(Ord. 2630, Sec. 2)

The city administrator shall receive such compensation as the governing body shall fix. There shall be at least an annual performance evaluation by the governing body. Such evaluation shall normally be conducted in December of each year and salary for the ensuing year set.

(Ord. 2630, Sec. 3)

The city attorney shall be a member of the bar and a practicing attorney in the State of Kansas. The attorney shall:

(a)   Represent the city in all actions to which the city is a party;

(b)   Prosecute all cases in the municipal court of the city;

(c)   Advise the city governing body and other city officers regarding any matters relating to their official duties;

(d)   Draft all ordinances, contracts, leases and other instruments as may be required by the city;

(e)   Furnish a written opinion upon any legal questions when requested to do so by the governing body;

(f)    Perform such other professional services incident to his or her office as may be required by the governing body.

(Code 1973, 1-304)

The city clerk shall:

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

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

(c)   Attend and keep a record of the proceedings of all 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 1973, 1-305:308)

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 1973, 1-316)

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. The city clerk’s 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 1973, 1-309:315)

The city clerk is designated as the withholding agent of the city for the purposes of the Federal Revenue (Income Tax) 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.

(Code 1982)

The city treasurer shall keep a full and accurate record of all moneys received and disbursed by him or her on behalf of the city. He or she shall:

(a)   Publish a quarterly financial statement;

(b)   Deposit all public moneys;

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

(K.S.A. 10-803; Code 1973, 1-320:326)

Except as otherwise provided by state laws or the ordinances of this city, the city superintendent shall:

(a)   Have and exercise management and supervision over the electric, wastewater and water utilities, and the street, park and airport departments;

(b)   Have care and management over all city owned property, land, buildings or equipment;

(c)   Attend all meetings of the governing body and regularly submit to the city administrator and governing body a report on the status of the city and its services;

(d)   Be responsible for the proper and efficient discharge of the duties of all city employees under his or her jurisdiction. Make such recommendations to the city administrator and governing body as deemed necessary for the good and efficient administration of departments under his or her jurisdiction;

(e)   Investigate all complaints in relation to matters concerning departments under his or her jurisdiction and submit reports to the city administrator;

(f) Make studies and reports to the city administrator as may be deemed necessary or expedient for the health, safety and welfare of the city;

(g)   Perform such other duties as the city administrator and governing body may direct;

(h)   Perform all phases of planning and zoning functions and code enforcement.

(Ord. 2630, Sec. 5; Code 2007)

The services of the city administrator, or city superintendent shall not be terminated, unless by a majority vote of the full commission. In cases involving the discharge of a city employee by the city administrator, or city superintendent, said employee shall have a right of appeal to the governing body.

(Ord. 2630, Sec. 6; Code 2007)

The term of office for all appointive officers, except the fire chief, shall begin on the first day of July of each even numbered year and shall continue for a term of two years, and until their successors are appointed and qualified.

(Ord. G-2770; Ord. G-2823)

It shall be the general practice of the governing body to issue all orders and directives to all city officers and departments and receive reports and communications therefrom through the office of city administrator.

(Ord. 2630, Sec. 7)

All officers and employees of the city, whether elected or appointed, either under the laws of the State of Kansas or ordinances of the city, shall before entering upon the duties of their respective offices, take and subscribe an oath or affirmation as follows:

Oath: “I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of the State of Kansas and faithfully discharge the duties of _________ (here enter name of office or position). So help me God.”

Affirmation: “I do solemnly, sincerely and truly declare and affirm that I will support the Constitution of the United States and of the State of Kansas and faithfully discharge the duties of ________ (enter name of office or position). This I do under the pains and penalties of perjury.”

(K.S.A. 75-4308, 54-104, 54-106; Code 2007)

All officers and employees required by section 1-317 of this article to take and subscribe or sign an oath or affirmation shall be supplied the forms for the purpose at the expense of the city and upon taking and subscribing or signing any such oath or affirmation, the same shall be filed by the city clerk.

(Code 1982)

(a)   The following appointive officers and employees shall give a corporate surety bond, conditioned as provided by law and approved by the governing body in the following amounts:

(1)   City Clerk/Administrator - $200,000;

(2)   City Treasurer - $200,000;

(3)   Municipal Judge - $10,000;

(b)   The governing body may provide for the coverage by blanket bond of such officers and employees and in such amounts as the governing body may, by resolution, designate.

(K.S.A. 78-111; Ord. 2774; Ord. 2809; Code 2016)

All premiums on surety bonds shall be paid by the city out of the general fund.

(Code 1973, 1-403)

All surety bonds given to the city shall be approved as to their form by the city attorney and as to their sufficiency by the governing body unless otherwise provided by the laws of the state.

(Code 1973, 1-404)

All surety bonds shall be filed with the city clerk except the city clerk’s bond which shall be filed with the city treasurer.

(Code 1973, 1-405)