Chapter I · Administration

Article 3. Officers And Employees

Sections 1-301 to 1-315 · 15 sections

1-301 Employees.

The city manager shall have authority to hire all other employees, or such authority may be delegated to the respective department heads.

(Code 2008)

1-302 City clerk.

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 2008)

1-303 Same; fiscal records.

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 1977, 1-407; Code 2008)

1-304 Same; seal; oaths.

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 2008)

1-305 Same; withholding agents.

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 2008)

1-306 City manager.

The council shall, whenever by virtue of a vacancy in the Office of City Manager it becomes necessary, appoint a Manager who shall be responsible for the administration of all of the affairs of the City and hold office at the pleasure of the Governing Body. The City Manager shall be chosen solely on the basis of administrative ability and the choice shall not be limited by any residence qualifications at the time of appointment.

The administration of the City’s business shall be in the hands of the City Manager.

(K.S.A. 12-1010; Code 1977; Ord. 3266; Code 2018)

1-307 Same; salary and bond.

The manager shall receive a salary to be fixed by the city council, and shall give surety bond at the expense of the city for the faithful performance of his or her duties in such amount as may be provided by ordinance.

(K.S.A. 12-1013; Code 1977, 1-203)

1-308 Same; duties of manager.

The manager shall be responsible for the administration of all the affairs of the city. He or she shall see that the laws and ordinances are enforced. He or she shall appoint and remove all heads of departments and all subordinate officers and employees of the city. All such appointments shall be made upon merit and fitness alone. He or she shall be responsible for the discipline of all appointive officers, and may, without notice, cause the affairs of any department or the conduct of any officer or employee to be examined. He or she shall prepare and submit the annual budget to the governing body and also keep the city fully advised as to the financial condition and needs of the city. He or she may make recommendations to the city council on all matters concerning the welfare of the city, and shall have a seat, but no vote, in all of the public meetings of the governing body. He or she shall perform such other and further duties as may be required by law or ordinance.

The City Manager may perform the duties of any officer whose office he/she is qualified to fill and in such cases the appointment or employment of such officer may be dispensed with.

The City Manager may appoint one (1) person to hold and perform the duties of more than one (1) office; provided, that one (1) person may not hold offices which are incompatible or when such dual holding is prohibited by law.

(K.S.A. 12-1014; Code 1977, 1-204; Code 2018)

1-309 City treasurer.

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 2008)

1-310 City treasurer; receives taxes and other moneys; quarterly report.

The city treasurer shall receive from the county treasurer all money and evidence of indebtedness collected for and payable to the city, and shall give to the county treasurer duplicate receipts therefor, one of which shall be filed with the city clerk. The city treasurer shall keep accounts of all moneys and evidences of indebtedness received and disbursed by him or her on behalf of the city specifying the time of receipt and disbursement and from what sources received and to whom disbursed on account. He or she shall publish or cause to be published a quarterly financial statement of the city in the manner and style provided by K.S.A. 12-1608.

(Code 1977, 1-408)

1-311 Same; deposits.

The city treasurer shall deposit all public moneys coming into his or her hands in his or her official capacity or responsibility in a bank or banks within the city, but only after the same has been designated by the city council as a depository bank as qualified to receive deposits of public moneys in accordance with the provisions of law. He or she shall make all such deposits in his or her name as treasurer of the city.

(K.S.A. 9-1401; Code 1977, 1-409)

1-312 Same; disbursements.

The city treasurer shall pay out the funds of the city upon warrants or warrant checks drawn by the city clerk and countersigned by the city manager or his/her designee. He or she shall not knowingly pay any order, warrant or warrant check or other evidence of indebtedness out of the treasury in excess of the funds actually on hand in the treasury at the time for such purpose unless such payment be authorized in the manner authorized by law as an exception to the cash basis law. He or she shall keep a record of the amount of money on hand in the treasury which shall show at all times the amount in each particular fund, and each order, warrant, warrant check or other evidence of indebtedness drawn on the treasury and paid, giving the date of payment. He or she shall, upon the request of any member of the governing body or at the request of any taxpayer of the city, or at the request of a person desiring to contact with the city or who has a claim against the city, exhibit such record to such person or give a statement in writing showing the balances on hand in each of the funds of the city.

(K.S.A. 10-801, 10-115, 10-118; Code 1977, 1-410; Code 2018)

1-313 City attorney; office; duties.

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, and perform other professional services incidental to his/her office which may be required of him/her under the direction of the city manager. The city attorney shall:

(a)Attend meetings of the city council;

(b)Advise the city council 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 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, city manager, the ordinances of the city, and the Kansas statutes.

(Code 2008; Code 2018)

1-314 City engineer.

The city engineer shall be a licensed professional engineer in the State of Kansas. He or she shall be responsible for:

(a)The design and specifications for all city streets, sewers, water lines, public buildings and other public facilities;

(b)The inspection of all public works projects including streets, sewers, water lines and other public facilities;

(c)The general supervision of the maintenance and repair of all public facilities.

(Code 2008)

1-315 Conflict of interest.

(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 2008)