Chapter 2.10
OFFICERS AND EMPLOYEES
Sections:
2.10.02 Officer qualifications, residency requirements.
2.10.08 City clerk – Fiscal records.
2.10.09 City clerk – Seal – Oaths.
2.10.10 City clerk – Withholding agents.
2.10.13 City attorney – Office – Duties.
2.10.14 Appointment or employment in more than one position.
2.10.16 Public works director.
2.10.01 Appointment.
The mayor shall appoint, by and with the consent of the council, a municipal judge of the municipal court, a chief of police, 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. (Ord. 761 § 2; C.O. No. 22 § 5. Code 1996 § 1-301)
2.10.02 Officer qualifications, residency requirements.
(a) Elected Officers. All city officers elected by the voters shall be qualified electors of the City of Baxter Springs, and residents of the City of Baxter Springs, Kansas.
(b) Appointed Officers. The city may appoint individuals to appointed position(s) whether or not they are residents of the city, county or the state of Kansas. Appointed officials are not required to be residents when deemed necessary by the governing body. The city may appoint or hire resident or nonresident expert employees as municipal judge, city attorney or as law enforcement officers when deemed necessary by the governing body. Expert employees shall be defined to include the appointed offices of municipal judge, city attorney or such other positions requiring specialized expertise as shall be defined by and deemed necessary by the governing body.
(c) Other Personnel. All other employees, including reserve officers of any department, not referenced in subsection (a) or (b) of this section shall reside within a 25-mile buffer zone around the City of Baxter Springs, Kansas.
(d) Removal from Office. The removal of residency from the City of Baxter Springs, Kansas, of any elected officer shall occasion an immediate vacancy in such office. The failure of any appointed officer, department head, employee, or any other personnel, including reserve officers, to comply with the residency requirements above shall constitute an immediate vacancy in office, removed from reserve roster or termination of employment as is applicable. (C.O. No. 15 §§ 2 – 5)
2.10.03 Supervision.
Repealed by C.O. No. 22. (C.O. No. 20 § 4)
2.10.04 Employees.
The mayor with consent of the city council shall have authority to hire all other employees, or such authority may be delegated to the respective department heads. (Code 1996 § 1-302)
2.10.05 Removal.
(a) The majority vote of all members elect of the governing body shall be required before a department head is removed from his or her position.
(b) For good cause shown upon a majority vote of the governing body any department head may be suspended from their duties. The mayor or mayor pro tem shall immediately call a special meeting if public safety or the financial security of the city is at risk in the event the mayor believes an immediate suspension is warranted.
(c) Employees may be removed by their respective department head from his or her position as per personnel rules and regulations.
(d) No department head shall be removed for any reason until he or she has been given notice and afforded the opportunity for a hearing. (K.S.A. 14-205; Ord. 873 § 1. Code 1996 § 1-303)
2.10.06 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. (K.S.A. 14-205. Code 1996 § 1-304)
2.10.07 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 1996 § 1-305)
2.10.08 City clerk – 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 1996 § 1-306)
2.10.09 City clerk – 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 1996 § 1-307)
2.10.10 City clerk – 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 1996 § 1-308)
2.10.11 Assistant city clerk.
(a) The office of assistant city clerk is hereby established. The mayor shall 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.
(d) Compensation of the assistant city clerk shall be set by resolution passed by the governing body. (Code 1996 § 1-309)
2.10.12 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) Sign all checks of the city;
(d) 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 1996 § 1-310)
2.10.13 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. 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 1996 § 1-311)
2.10.14 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 1996 § 1-312)
2.10.15 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 1996 § 1-313)
2.10.16 Public works director.
The public works director shall:
(a) Be responsible for supervising the water department, street department, cable department, city inspector, cemetery department, and maintenance department;
(b) Prepare required reports and information required by the city council, and attend city council meetings, as required;
(c) Perform such other duties as may be prescribed by the governing body. (Ord. 744. Code 1996 § 1-314)