The governing body shall consist of a mayor and eight council members as provided by the laws of Kansas for cities of the second class having the statutory council-manager form of government. The governing body shall be referenced to in this code as the “council” and “governing body” (K.S.A. chapter 12, Article 10). The council shall consist of eight council members who shall be elected as provided by Chapter 6 of this code, with two council members being elected from each ward and a mayor being elected at large.

(K.S.A. 14-103; C.O. No. 2; Ord. 3266, Sec. 1; C.O. No. 17; Code 2018)

All powers exercised by cities of the second class or which shall hereafter be conferred upon them shall be exercised by the governing body, subject to such limitations as prescribed by law. All executive and administrative authority granted or limited by law shall be vested in the mayor and council as governing body of the city.

(K.S.A. 12-103; Ord. 3266, Sec. 2; Code 2008)

(a)   Regular meetings of the Governing Body shall be held on the second and fourth Thursday of each month at 6:30 p.m.  In the event the regular meeting day shall fall on any legal holiday, any day observed as a holiday by the City offices, or conflict with a community event or other event of regional or national importance, the Governing Body at a prior meeting shall either cancel the meeting or reschedule the date and time of the meeting; however, if rescheduled, the new meeting date shall be no less than seven (7) days from the day the Governing Body approved the new meeting date.

(b)   Special meetings may be called by the mayor or acting mayor on the written request of any three members of the Council, specifying the object and purpose of such meeting, which request shall be read at a meeting and entered at length on the journal.

(c)   A regular meeting may be cancelled by approval of the Governing Body at a prior meeting.  Regular meetings may also be cancelled by the Mayor or Acting Mayor in the event of a lack of business to be conducted or in the event of an emergency or inclement weather, unless there is written objection provided to the City Clerk by two or more City Council members within 24 hours of cancellation notification.  However, under no circumstances shall the City Council meet less than once each month.

(d)   Regular or special meetings of the Governing Body may be adjourned for the completion of its business at such subsequent time and place as the Governing Body shall determine in its motion to adjourn.

(e)   Work session meetings of the Governing Body may be held at any time to be determined by the City Council.  The purpose of these work session meetings is to address any questions of the Governing Body concerning certain agenda items to be acted upon at the regular meeting and to study issues in an open meeting that may come before the Governing Body at a later date.  No binding action shall be taken at work session meetings. 

Should the work session be held immediately prior to, as a part of, or immediately after a regular meeting, the work session shall be included on the agenda for the regular meeting of the City Council.  Work sessions are subject to the Kansas Open Meetings Act and unless the work session is held as part of a regular agenda or the Governing Body adjourns into a work session as provided in subsection (d) herein, may require a special meeting to be called to comply with state statutes.

(K.S.A. 14-111; Ord. 3583, Sec. 1; Code 2008; Ord. 3708; Code 2018)

In all cases, it shall require a majority of the council members-elect to constitute a quorum to do business.

(K.S.A. 14-111; Ord. 3266, Sec. 9; Code 2008)

The mayor shall preside at all meetings of the governing body. The mayor shall have the tie-breaking vote on all questions when the members present are equally divided. The mayor shall:

(a)   Take care that the ordinances of the city are complied with;

(b)   Sign the commissions and appointments of all officers elected or appointed;

(c)   Endorse the approval of the governing body on all official bonds;

(d)   From time to time communicate to the city council such information and recommend such measures as he or she may deem advisable;

(e)   Have the power to approve or veto any ordinance as the laws of the state shall prescribe;

(K.S.A. 14-301:305; Ord. 3266, Sec. 5; Code 2008)

The city council shall elect one of its own body as president of the council. The president of the council shall preside at all meetings of the council in the absence of the mayor. In the absence of both the mayor and the president of the council, the council shall elect one of its members as “acting president of the council.” The president and acting president, when occupying the place of mayor, shall have the same privileges as other council members but shall exercise no veto.

(K.S.A. 14-208, 14-308, 12-2003; Ord. 3266, Sec. 6; Code 2008)

A vacancy occurring in the office of a City Council member, whether such vacancy occurs by reason of the removal of the council member from their ward or by reason of their death, resignation, failure of the council member to qualify for office, or the disqualification of a council member from holding such office, shall be filled by an election held among the remaining members of the City Council. Whenever such vacancy occurs in the office of a City Council member, the Mayor shall at a regular or special meeting of the Council inform the Council of the vacancy and form a nominating committee, composed of the Mayor, the President of the Council, and the council member remaining in the ward affected to seek out candidate(s) from the ward affected to fill such vacancy. Within forty (40) days of the Mayor informing the Council of a vacancy, the nominating committee shall recommend candidate(s) to the Council. Individual Council members may also recommend candidates to fill such vacancy. Following receipt of the recommendation of the nominating committee at a regular meeting of the Council or at a special meeting duly called for the purpose of filling such vacancy, the Council may by motion nominate a person or persons for consideration of the Council. Any successor in office elected by the Council to fill such vacancy must be elected by a majority of the remaining elected council members of said City.

(Ord. 3605, Sec. 1; Code 2008)

Members of the governing body shall receive as compensation such amounts as may be fixed by ordinance.

(Code 2008)

Each member of the governing body shall receive for his or her services and as reimbursement for his or her expenses, compensation as follows:

(a)   A monthly stipend of $300 per month, or portion of a month, shall be provided to the Mayor, and a monthly stipend of $250 per month, or portion of a month, shall be provided to council members.

(b)   Mileage at the same rate as is established by law by the state of Kansas for state employees for each mile traveled by the shortest route upon the performance of duties assigned by the mayor and/or council member, for travel outside of the county.

(c)   Reimbursement for actual food and lodging expenses upon the performance of duties assigned by the mayor and/or council member, provided such expenses shall be documented by proper receipts, for travel outside of the county.

(Code 2008; Code 2018; Ord. 3864)

(a)   There is hereby incorporated by reference for the purpose of establishing a code of procedure for the conduct of city council meetings of the City of Osawatomie, Kansas, that certain model code known as the “Code of Procedure for Kansas Cities,” Third Edition (2017), prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas save and except for such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed.

(b)   At least three copies of the “Code of Procedure for Kansas Cities” shall be marked or stamped OFFICIAL COPY AS INCORPORATED BY ORDINANCE NO. 3747, with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this ordinance. All official copies shall be filed with the City Clerk to be open to inspection by the public during all reasonable business hours. Official copies of the “Code of Procedure for Kansas Cities” shall be furnished to all persons or departments charged with the enforcement of the code or to whom the Code is applicable and to such others as maybe deemed necessary. All such copies shall be furnished at the cost of the City.

(Ord. 3619; Code 2008; Ord. 3747; Code 2018)

(a)   Sections 36, 38, 40 and 41 of the “Code of Procedure for Kansas Cities” relating to voting are hereby declared to be and are omitted and deleted.

(b)   Sections 7, 13, 14, 33, 35 and 37 of the “Code of Procedure for Kansas Cities” are hereby changed to read as follows:

Section 7. Public Comment. This section shall be amended to read as follows:

       If public comment is allowed during the meeting, the citizen desiring to comment on matters of a general nature, not specific to an agenda item, shall provide his or her name and address for the purpose of putting both in the minutes of the meeting. Any public comment taken on specific agenda items shall require the citizen to state his or her name and address for the minutes. The mayor may limit the time of each citizen based upon the number of people wishing to speak and the amount of time available for the public comment portion of the meeting.

Section 13. Consent Agenda. Any member of the Council may request any item to be removed from the consent agenda and considered separately.

Section 14. Order of Business, Suspended or Amended. Without objection from a member of the governing body, the order of business may be amended by the presiding official to add or delete sections of the agenda as appropriate, or may be suspended in its entirety to consider other matters.  If an objection is made, such amendments may be made by a majority vote of the governing body.  Executive sessions may be held at any time in the order of business.

Section 33. Same; Ordinary Ordinance; Council City. This section shall be amended to read as follows:

       The adoption of an ordinary ordinance requires five (5) affirmative votes of the council.  An abstention shall be counted toward the prevailing side. (Ord. 3619, Secs. 3:4; Code 2008)

Section 35. Same; Ordinary Ordinance; Council City; Mayor's Veto. The mayor in council cities may veto any ordinance passed by the council on or before the next regularly scheduled meeting with the exception of ordinances on which the mayor casts the deciding vote and appropriation ordinances. Ordinances not signed or vetoed by the mayor take effect without the mayor's signature. Any ordinance vetoed by the mayor may be passed over the veto by a vote of six (6) councilmembers. The president of the council, acting in the absence of the mayor, shall have no power to sign or veto ordinances. [This is a three-fourths vote of the number of councilmembers elect.]

Section 37. Same; Charter Ordinance; Council City. The adoption of a charter ordinance requires six (6) affirmative votes of the governing body. The mayor is considered a member of the governing body.  [This is a two-thirds vote of the members-elect of the governing body.]

(Ord. 3619; Code 2008; Code 2018)

(a)   Declaration of Policy - The proper operation of our government requires that public officials and employees be independent, impartial and responsible to the people; that governmental decisions and policy be made in the proper channels and that the public have confidence in the integrity of its government. In recognition of those goals, there is hereby established a Code of Ethics for all officials and employees, whether elected or appointed, paid or unpaid. The purpose of this code is to establish ethical standards by setting forth those acts or actions that are incompatible with the best interests of the city.

(b)   Responsibilities of Public Office - Public officials and employees are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially the laws of the nation, state, and city and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the long term public interest must be their primary concern. Their conduct in both their official and private affairs should be above reproach.

(c)   Dedicated Service - All officials and employees of the city should be responsive to the political objectives expressed by the electorate and the programs developed to attain those objectives. Appointive officials and employees should adhere to the rule of work and performance established as the standard for their positions by the appropriate authority.

Officials and employees should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other public officials and employees unless prohibited from so doing by law or by officially recognized confidentiality of their work.

(d)   Fair and Equal Treatment –

(1)   Interest in Appointments. Canvassing of members of the city council, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the municipal service shall disqualify the candidate for appointment except with reference to positions filled by appointment by the city council.

(2)   Use of Public Property - No official or employee shall request or permit the use of city-owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally or are provided as city policy for the use of such official or employee in the conduct of official business.

(3)   Obligations to Citizens - No official or employee shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen.

(e)   Conflict of Interest - No elected or appointive city official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her duties in the public interest or would tend to impair his or her independence of judgment or action in the performance of his or her official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business or political association.

Specific conflicts of interest are enumerated below for the guidance of officials and employees:

(1)   Incompatible Employment - No elected or appointive city official or employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties.

(2)   Disclosure of Confidential Information - No elected or appointive city official or employee, shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the city. Nor shall he or she use such information to advance the financial or other private interest of himself, herself or others.

(3)   Gifts and Favors. No elected or appointive city official or employee shall accept any valuable gift, whether in the form of service, loan, thing or promise, from any person, firm, or corporation which to his or her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the city; nor shall any such official or employee (a) accept any gift, favor or thing of value that may tend to influence him or her in the discharge of his or her duties or (b) grant in the discharge of his or her duties any improper favor, service, or thing of value. The prohibition against gifts or favors shall not apply to: (a) an occasional nonpecuniary gift, of only nominal value or (b) an award publicly presented in recognition of public service or (c) any gift which would have been offered or given to him or her if not an official or employee.

(4)   Representing Private Interest Before City Agencies or Courts - No elected or appointive city official or employee whose salary is paid in whole or in part by the city shall appear in behalf of private interest before any agency of this city. He or she shall not represent private interests in any action or proceeding against the interest of the city in any litigation to which the city is a party.

(f)   Conflict of Interest – Community Development Block Grant.  The State of Kansas agreed, when it accepted the Community Development Block Grant (CDBG) program in 1983, to abide by 24 CFR 570.611 of the Federal regulations (conflict of interest) for the program. The Kansas Department of Commerce developed a conflict of interest policy on April 22, 1994, relating to housing. This policy has been broadened to cover all areas of participation in all programs funded by CDBG monies. In an attempt to clarify this issue for the State’s program, the State has adopted, as of July 1, 1996, the following position on conflict of interest, incorporating the April 22, 1994, policy extending the policy further to address other areas as provided in 24 CFR 570.611.  The City of Osawatomie does hereby adopt this policy by reference, and amendments thereto, into the municipal code for purposes of establishing a conflict of interest policy when the City is receiving, or in the process of completing, a project funded by the Community Development Block Grant (CDBG) program of the State of Kansas.  A copy of the policy shall remain in the files of the City to be maintained by the City Clerk.

(g)   Any person found guilty of violating the provisions of this subsection shall be prosecuted to the fullest extent permitted according to local, state and federal law or regulations.

(Ord. 3266; Ord. 3442; Code 2008; Ord. 3734; Code 2018)