ARTICLE 3. OFFICERS AND EMPLOYEES

1-301. APPOINTMENT.

The mayor shall appoint, by and with the consent of the council, a municipal judge of the municipal court, city clerk, city attorney, and any other officers deemed necessary. Any officers appointed and confirmed shall hold an initial term of office of not to exceed one year and until their successors are appointed and qualified. Any officers who are reappointed shall hold their offices for a term of one year and until their successors are appointed and qualified. The council shall by ordinance specify the duties and compensation of the office holders, and by ordinance may abolish any office created by the council whenever deemed expedient.

(C.O. No. 14, Sec. 5)

1-302. EMPLOYEES.

The mayor shall have authority to hire all other employees, or such authority may be delegated to the respective department heads. The Department Heads must follow the sequence set forth by the City of Nickerson.

1.    Announce/Post the Position

2.    Review/Evaluate Applications

3.    Perform Reference Checks

4.    Schedule/Conduct Interviews

5.    Make the Selection

6.    Perform Background Checks

(Ord. 2011-02; Code 2014)

1-303. QUALIFICATIONS.

(a)    Every appointed officer and employee of this city shall be a resident of the city prior to accepting appointment, except that non-residents may be hired when deemed necessary by the council.

(b)    Officers and employees shall take an oath administered by the mayor or the city clerk and shall give bond, if required by the council. Such oath shall be filed in the office of the city clerk.

(c)    The officer or employees so appointed shall receive a certificate of appointment signed by the mayor and attested by the city clerk. The neglect or refusal of any person appointed to any office of this city to qualify within three days after receiving notice of his or her appointment shall be deemed a refusal to accept the office. (C.O. No. 8, Sec. 3)

1-304. SUSPENSION; REMOVAL OF OFFICERS.

(a)    The mayor shall have the power to suspend any officer of the city for the following reasons:

(1)    Use of alcohol or any mind altering drug on the job.

(2)    Reporting to work under the influence of alcohol or any mind altering drug.

(3)    Refusing to obey an order from the supervising councilperson, the mayor, or the city council.

(b)    The mayor may also remove any officer of the city for cause.

(c)    In the event of an officer’s suspension or removal, the mayor’s action shall be presented to the city council for its approval or disapproval at the next meeting of the council. The officer shall be given written notice of the time, date, and place of such meeting, and shall have an opportunity to attend the meeting in person and by counsel, and shall have the right to present evidence.

(d)    The decision of the council with regard to suspension or removal shall be final. (Ord. 807, Sec. 2)

1-305. VACANCY IN OFFICE.

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. (Code 2008)

1-306. 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 1987, 2-609; Code 2008)

1-307. 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 1987, 2-611:613; Code 2008)

1-308. 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 1987, 2-609:610; Code 2008)

1-309. 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 1987, 2-620; Code 2008)

1-310. UTILITY CLERK.

(a)    The office of utility clerk is hereby established.

(b)    The utility 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 utility clerk shall become the acting city clerk and fulfill the duties of that office.

(d)    Compensation of the utility clerk shall be set by ordinance passed by the governing body.

(Code 1987, 2-644, Code 2008)

1-311. 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 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 1987, 2-615:618; Code 2014)

1-312. CITY ATTORNEY; MUNICIPAL COURT JUDGE; CONTRACT.

(a)    The term law firm, as used in this section, shall mean a partnership or association of two or more attorneys licensed by the State of Kansas affiliated together for the practice of law.

(b)    Mayor to Contract for Legal Services. The mayor, with consent of the council, shall contract with a law firm within Reno County, Kansas, or an adjoining county, to provide legal services as needed to the city council for the council’s advice and representation.

(c)    Mayor to Contract for Judicial Services. The mayor, with the consent of the council, shall contract with a law firm, other than the law firm which shall provide legal services to the city, to provide judicial services to the city as needed.

(d)    Independent Contractors. Both law firms shall be independent contractors and shall not be employees or officers of the city. Each law firm shall decide which of its members shall represent the city in a legal or judicial capacity or any particular occasion. (C.O. No. 3, Sec. 2:5)

1-313. CITY ATTORNEY DUTIES.

There is hereby established the position of city attorney. No person shall be eligible for the position 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 at least once a month when so directed to attend by the governing body;

(b)    Advise the 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 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.

(Ord. 808, Sec. 2; Code 1987, 2-635; Code 2008)

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 1987, 2-614, 2-636; Code 2008)

1-315. CITY SUPERINTENDENT.

The position of city superintendent is hereby established, and the city superintendent shall be paid according to the wage table. The city superintendent shall have responsibility for water, sewers and streets, and such other duties as are assigned by the council. The city superintendent shall also have supervisory responsibility for all other city employees working in areas for which he or she has been given responsibility. (Ord. 773, Sec. 2)

1-316. SAME; OTHER REFERENCES.

Any references in the Nickerson City Code to water superintendent, sewer superintendent, water and sewer superintendent, or street superintendent, shall refer instead to the city superintendent.

(Ord. 773, Sec. 7)

1-317. SAME; WEEDS, SNOW AND ICE.

The general maintenance superintendent shall report to the city clerk all property upon which weeds are growing in violation of the ordinances of the city, and shall likewise report the failure of persons to remove snow and ice from sidewalks in violation of the ordinances of the city, and shall likewise report the failure of persons to remove snow and ice from sidewalks in violation of the ordinance. It shall be his or her further duty to see the weeds are cut and destroyed and snow removed as provided by this code, and he or she shall keep an account of the cost of such work and report the same to the city for collection as provided by law. (Code 1987, 2-626)

1-318. SAME; OTHER SIDEWALK DUTIES.

The city superintendent and general maintenance superintendent and other officers and employees of the city working under his or her direction shall diligently observe the conditions of the sidewalks and other footways of the city respecting their safety and state of repair and they shall report to the governing body the location of all such sidewalks and ways believed to be in a dangerous condition or in need of repair. The city superintendent shall cause the sidewalks and traveled ways of the city to be kept free from obstruction and dangerous objects and report his or her actions in connection therewith to the council or its proper committee. The city superintendent shall perform such duties respecting the sidewalks and footways by ordinance or as directed by the governing body. (Code 1987, 2-627)

1-319. SAME; TREES AND STREET OBSTRUCTIONS.

The city superintendent and general maintenance superintendent shall cause to be removed from the city streets any obstructions such as fallen trees, stones, dead animals and other nuisance or dangerous objects rendering bill cost of removal (if any) to the city clerk for presentation to the council. (Code 1987, 1-321)

1-320. SAME; REPORTS.

The city superintendent shall render to the council a true, complete and itemized statement of his or her accounts and the property of the city in his or her possession or used by him or her in the discharge of his or her duties at such times as may be required by the mayor and council. (Code 1987, 2-629)

1-321. EMERGENCY MEDICAL SERVICE DIRECTOR.

The position of emergency medical service director is hereby created. (Ord. 826, Sec. 1)

1-322. ASSISTANT EMERGENCY MEDICAL SERVICE DIRECTOR.

The position of assistant emergency medical service director is hereby created. The occupant of the position shall be an employee of the city. (Ord. 819, Sec. 1)

1-323. OFFICERS, OTHERS.

Nothing herein shall limit the authorization of the council to create any city offices, nor to prevent the council by ordinance, from abolishing all offices not required by the laws of Kansas pertaining to cities of the second class. All officers whose offices are created by this article or whose offices may hereafter be created shall have such duties as may be required by the laws of Kansas for city officers and as may be assigned by the governing body.

(Code 1987, 2-637)

1-324. SUPERVISION OF CITY EMPLOYEES.

No member of the city council shall exercise administrative or supervisory authority over city employees without prior approval of a majority of those present and voting at any special or regular council meeting. (Code 1987, 2-643)

1-325. APPOINTMENT OR EMPLOYMENT IN MORE THAN ONE POSITION.

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 1987, 2-639; Code 2008)

1-326. 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)