Chapter 2.10 CITY OFFICERS

The Mayor and five Councilmembers shall constitute the Governing Body of the City and shall be elected at-large for four-year terms or until their successors are qualified. Those members of the Governing Body elected in the year 2011 shall have a term expiring in 2015. Those members of the Governing Body elected in 2013 shall have terms expiring in 2017. (Ord. 2455 § 2; C.O. No. 19 § 3, Ord. 2046 § 201. Code 1990 § 1-201)

2.10.020 Vacancies.

In case of a vacancy in the Council occurring by reason of resignation, death, or removal from office or from the City, the Governing Body shall appoint a qualified elector to fill the vacancy until the next election for that office. In case any person elected as a Councilmember neglects or refuses to qualify within 30 days after election, the Councilmember shall be deemed to have refused to accept the office and a vacancy shall exist. The Governing Body shall appoint a qualified elector to fill the vacancy. In case of a vacancy in the office of Mayor, the President of the Council shall become Mayor until the next regular election for that office and a vacancy shall occur in the office of the Councilmember becoming Mayor. (Ord. 2455 § 3; C.O. No. 19 § 3. Code 1990 § 1-202)

Article II. Appointive Officers

2.10.030 Appointive officers and employees.

The rules and regulations governing the appointment, removal and other terms and conditions of employment are to be part of the personnel rules and regulations of the City of Gardner (GMC 2.40.030). The Mayor with the consent of the City Council may establish as many appointed positions as they deem necessary in the best interests of the City, to perform the City’s lawful services and functions. (Ord. 1545 § 1. Code 1990 § 1-301)

2.10.040 Office of City Administrator.

There is hereby created and established the office of City Administrator for the City of Gardner, Kansas. (Ord. 1481. Code 1990 § 1-302)

2.10.050 Appointment and tenure.

A qualified person shall be appointed City Administrator for the City of Gardner by the Mayor; such appointment shall be approved by the majority of the entire City Council. The person so appointed shall serve for an indefinite term. The City Council shall participate in the interviewing of applicants for the position of City Administrator. (Ord. 1481. Code 1990 § 1-303)

2.10.060 Qualifications.

The person appointed to the office of City Administrator shall be a resident of Gardner at the time of the effective date of such appointment, or not later than six months thereafter, and shall have such qualifications and experience as may be determined necessary by the Governing Body. (Ord. 1481. Code 1990 § 1-304)

2.10.070 Bond.

The City Administrator, before entering upon the duties of his/her office, shall file with the City a bond in the amount of $50,000. Such bond shall be approved by the City Council and such bond shall insure the City of Gardner for the faithful and honest performance of the duties of the City Administrator and for rendering a full and proper account to the City of Gardner for funds and property which shall come into the possession or control of the City Administrator. The cost of such bond shall be paid by the City of Gardner; however, should the City Administrator be covered by a blanket bond to the same extent, such individual bond shall not be required. (Ord. 1481. Code 1990 § 1-305)

2.10.080 Compensation.

The City Administrator shall receive such compensation as may be determined from time to time by the City Council. (Ord. 1481. Code 1990 § 1-306)

2.10.090 Removal of City Administrator.

The City Administrator shall serve at the pleasure of the appointing authority. The Mayor, with the consent of the majority of the entire City Council, may remove the City Administrator at will. (Ord. 1481. Code 1990 § 1-307)

2.10.100 Duties.

A. Administrative Office. The City Administrator shall be the chief administrative assistant to the Mayor and as such shall be the administrative officer of the City Government. Except as otherwise specified by ordinance or by law of the State of Kansas, the City Administrator shall coordinate and generally supervise the operation of all departments of the City of Gardner.

B. Purchasing. The City Administrator shall be the purchasing agent for the City of Gardner, and all purchases shall be made in accordance with the purchasing rules and procedures approved by the City Council.

C. Budget. The City Administrator shall be the budget officer of the City of Gardner and with the assistance of all department heads shall assemble estimates of the financial needs and resources of the City for each ensuing year and shall prepare a program of activities within the financial power of the City, embodying in it a budget document with proper supporting schedules and an analysis to be proposed to the Mayor and City Council for their final approval. The Administrator shall be responsible for the budget’s administration after its adoption.

D. Financial Reports. The City Administrator shall make monthly reports to the Mayor and City Council relative to the financial condition of the City. Such reports shall show the financial condition of the City in relation to the budget.

E. Annual Report. The City Administrator shall prepare and present to the Mayor and City Council an annual report of the City’s affairs, including in such report a summary of reports of department heads and such other reports as the Mayor and City Council may require.

F. Personnel System. The City Administrator shall act as the personnel officer of the City and shall recommend an appropriate position and classification system and pay plan to the Mayor and City Council. The City Administrator, after consultation with department heads, shall recommend to the Mayor and City Council advancements and appropriate pay increases within the approved pay plans and position classification system to coordinate compliance with same. The City Administrator shall keep up-to-date all job descriptions for all job classifications. The City Administrator shall make recommendations to the Mayor and City Council concerning appointment and removal of department heads.

G. Policy Formulation. The City Administrator shall recommend to the Mayor and City Council adoption of such measures as he/she may deem necessary or expedient for the health, safety, or welfare of the City or for the improvement of administrative services for the City.

H. City Council Agenda. The City Administrator shall submit to the Mayor and City Council a proposed agenda for each Council meeting at least 72 hours before the time of the regular Council meeting.

I. Commissions and Committees. The City Administrator shall work with and attend all meetings of all City commissions and committees to help coordinate the work of each.

J. Attend City Council Meetings. The City Administrator shall attend all meetings of the City Council unless excused by the Mayor.

K. Bid Specifications. If directed by the Mayor and City Council, the City Administrator shall supervise the preparation of all bid specifications for services and equipment, and receive sealed bids for presentation to the City Council.

L. State and Federal Aid Programs. The City Administrator shall coordinate federal and state programs which may have application to the City of Gardner.

M. Conference Attendance. The City Administrator shall attend state and regional conferences and programs applicable to his/her office and the business of the City of Gardner whenever such attendance is directed and approved by the City Council and Mayor.

N. Records. The City Administrator shall keep full and accurate records of all actions taken by him/her in the course of his/her duties, and he/she shall safely and properly keep all records and papers belonging to the City of Gardner and entrusted to his/her care in accordance with federal and Kansas State statutes. All such records shall be and remain the property of the City of Gardner and be open to inspection by the Mayor and City Council at all times.

O. Planning. The City Administrator shall make long- and short-term planning recommendations to the Mayor and City Council.

P. Miscellaneous. In addition to the foregoing duties, the City Administrator shall perform any and all other duties or functions prescribed by the Mayor and City Council. (Ord. 2544 § 1; Ord. 1481. Code 1990 § 1-308)

2.10.110 Powers.

A. City Property. The City Administrator shall have responsibility for all real and personal property of the City of Gardner. He/she shall have responsibility for all inventories of such property and for the upkeep of all such property. He/she shall be responsible to see the City has adequate procedures to insure against major insurable risks.

B. Set Administrative Policies. The City Administrator shall have the power to prescribe such rules and regulations as he/she shall deem necessary or expedient for the conduct of administrative agencies subject to his/her authority, and he/she shall have the power to revoke, suspend, or amend any rule or regulation of the administrative service except those prescribed by the City Council.

C. Coordinate Departments. The City Administrator shall have the power to coordinate the work of all the departments of the City, and, at times of an emergency, with the approval of the Mayor and acting through the appropriate department heads, shall have authority to assign the employees of the City to any department where they are needed for the most effective discharge of the functions of City Government.

D. Investigate and Report. The City Administrator shall report on any condition or fact concerning the City Government requested by the Mayor or City Council.

E. Coordinate Officials. The City Administrator shall have the power to overrule any administrative action taken by a department head, and may thereby supersede him/her in the functions of his/her office but only with the prior approval of the Mayor and in accordance with Kansas State statutes.

F. At no time shall the duties or powers of the City Administrator supersede the action by the Mayor and City Council. (Ord. 1481. Code 1990 § 1-309)

2.10.120 City Clerk.

The City of Gardner has established a full-time City Clerk at a salary as shall be provided by ordinance of the City. (Rev. Ord. 626 § 1. Code 1990 § 1-310)

2.10.130 City Clerk – Hours.

The office hours for the City Clerk shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, excepting legal holidays as established by the Governing Body of Gardner, Kansas. (Ord. 1093 § 1. Code 1990 § 1-311)

2.10.140 City Clerk – Custodian of records, ordinances.

It shall be the duty of the City Clerk to be the custodian of the City records, and make and keep a record of all proceedings and meetings of the City Council. He/she shall make a record of all ordinances passed by the City Council, and shall cause all such ordinances to be published in the form directed by said City Council and as required by law. (Code 1990 § 1-312)

2.10.150 City Clerk – Licenses – Permits – Warrants.

The City Clerk shall keep a record of licenses and permits, all warrants drawn upon the treasury of the City, and a full account of all receipts and expenditures of the City. He/she shall keep a full and accurate account of the bonds issued by the City, and shall record them in a book by number, date, and amount of each individual bond, date of maturity, rate of interest and date of cancellation. (Code 1990 § 1-313)

2.10.160 City Clerk – Record of funds – Purchases, expenditures.

The City Clerk shall provide for the collection of all money due the City, and shall cause an accurate and complete record to be kept of the various funds into which said money is paid. He/she shall keep a full account of all purchases and expenditures made by the City, and shall see that warrants for the same are duly drawn upon the proper funds. He/she shall cause receipts to be issued for all monies received by the City. He/she shall make monthly reports to the City Council of expenditures of the City, showing the various funds into which monies are received, and from which monies were expended, and the balances remaining in each of the several separate funds. (R.O. 1926, No. 18. Code 1990 § 1-314)

2.10.170 City Clerk – Corporate seal.

The City Clerk shall have charge of the corporate seal of the City and the power to make acknowledgments. He/she shall receive and audit all claims and shall present the same for consideration at the next meeting of the City Council following the time when they are received. (R.O. 1926, No. 18. Code 1990 § 1-315)

2.10.180 City Clerk – Other duties.

The City Clerk shall issue all notices concerning the cutting of weeds, construction of sidewalks, abatement of nuisances, and such other notices as may be required by the City ordinances and the state laws to be issued, and shall perform such other and further duties as may be prescribed by state laws, ordinances of the City and the City Council. (R.O. 1926, No. 18. Code 1990 § 1-316)

2.10.190 City Treasurer – Duties.

The City Treasurer shall keep a full and accurate account of all monies received and disbursed by the City. He/she shall file with the City Clerk 30 days after month closed a complete report of the receipts and expenditures of the City, showing the amounts received, deductions from, balance in each fund, and the total cash balance of all City funds. He/she shall perform such other and further duties as may be prescribed by state law and the City Council. (Ord. 2257 § 1; R.O. 1926, No. 19. Code 1990 § 1-317)

2.10.200 City Treasurer – Annual reports.

The City Treasurer shall file an annual statement showing the total amount received into each fund and the total amount expended from each fund and the cash balances of each fund at the beginning and close of each year. Such annual statement shall show the amount of outstanding registered warrants, temporary notes, bonds and all other obligations and liabilities of the City. The annual statement shall be published within 30 days after December 31st of each year in the official City newspaper. (C.O. No. 21 § 2. Code 1990 § 1-318)

2.10.210 General Superintendent – Duties.

The General Superintendent shall be a competent individual appointed by the Mayor and with the consent of the Council and shall hold office as provided by law. He/she shall be empowered with the duties of inspecting and supervising all projects of a general nature affecting streets, alleys, sidewalks, sewers, water production and transmission, electrical distribution and service, and shall perform such other duties as may be required by the City Council. (Code 1990 § 1-319)