ARTICLE 3. OFFICERS AND EMPLOYEES
1-301. APPOINTMENT.
At the first regular meeting in May of each year the mayor, by and with the consent of the council, shall appoint a city clerk and city treasurer, and may appoint a city attorney, municipal judge, chief of police and such other officers as may be deemed necessary for the best interest of the city. Such officers shall hold their respective offices until their successors have been appointed and qualified. All such appointments shall be entered on the journal of proceedings of the governing body. The duties and salaries of all appointed officers shall be fixed by ordinance. (K.S.A. 15-204; Code 2004)
1-302. RESERVED FOR FUTURE USE.
(Ord. 825; Code 2004; Ord. 1381, Sec. 1)
1-303. REMOVAL.
(a) A majority of all members elect of the governing body may remove any appointed officer.
(b) For good cause, the mayor may suspend at any time any appointed officer.
(K.S.A. 15-204; Code 2004; Ord. 1405, Sec. 4)
1-304. 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. 15-209; Code 2004)
1-305. CITY CLERK.
The city clerk or deputy 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 2004; Ord. 1405, Sec. 5)
1-306. SAME; FISCAL RECORDS.
The city clerk or deputy city clerk shall:
(a) Prepare and keep suitable fiscal records according to generally accepted accounting principles or Kansas law;
(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 2004; Ord. 1405, Sec. 6)
1-307. SAME; SEAL; OATHS.
The city clerk or deputy 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 2004; Ord. 1405, Sec. 7)
1-308. 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 2004)
1-309. DEPUTY CITY CLERK.
(a) The office of deputy city clerk is hereby established. The mayor shall appoint, by and with the consent of the city council, the deputy 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 deputy 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 deputy city clerk shall become the acting city clerk and fulfill the duties of that office.
(d) Compensation of the deputy city clerk shall be in accordance with the annual pay plan adopted.
(Ord. 1107; Code 2004)
1-311. CITY MANAGER.
The position of city manager shall be under the direct supervision of the governing body. The city manager will be appointed by the mayor with the advice and consent of the council and shall serve at the pleasure of the council. The city manager shall be appointed on the basis of qualifications, merit, fitness, and ability and shall live in Leavenworth County or an adjoining county.
(Ord. 825, Sec. 1; Code 2004; Ord. 1405, Sec. 8)
1-312. SAME; POWERS, DUTIES AND RESPONSIBILITIES OF THE CITY MANAGER.
Except as otherwise provided by law or ordinance of the city, the city manager shall:
(a) Provide executive management of the departments and services of the city.
(b) The city manager shall have the authority to appoint, promote, hire, transfer, assign, demote, discipline, lay off, suspend, discharge, and remove all heads of departments, all subordinate officers and employees of the municipality, except the municipal judge of the municipal court and the city attorney.
(c) Prepares and submits the annual budget to the governing body. Completely and timely advises the governing body of the financial condition of the city and provides basis for any annual audit.
(d) Keep the governing body advised of all possible grants or other benefits and of any and all changes and improvements which the administrator feels may be of benefit to the municipality.
(e) Assist in the preparation of all forms authorized or required by the state and federal government.
(f) Exercise general supervision and control over all city purchases and expenditures in accordance with the budget and such policies as established by the governing body.
(g) Recommend to the governing body a schedule of salaries for all officers and employees on a yearly basis.
(h) Have the care and management of all city-owned land, property, buildings and equipment.
(i) Develop and prepare, in conjunction with the council and planning commission such planning, short-range as well as long-range, as the governing body shall request and shall submit such planning to the governing body of action.
(j) Attend all meetings of the governing body, planning commission, and such other meetings of commissions and other organizations as the governing body shall designate and shall regularly report on the status of the city and its services to the governing body.
(k) Make such recommendations to the governing body as are deemed necessary for effective administration of all city services.
(l) Be responsible for the proper and efficient discharge of the duties of all city administrative officers and employees.
(m) Perform such other duties as the governing may direct.
(Ord. 825, Secs. 2:3; Code 2004; Ord. 1329; Ord. 1381, Sec. 2; Ord. 1405, Secs. 9:10)
1-313. 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 an 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 2004)
1-314. 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 council when so directed to attend by the 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 by the city council, 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 2004)
1-315. ASSISTANT CITY ATTORNEY.
(a) The office of assistant city attorney of the city is hereby created by the governing body of the city and the appointment of an assistant city attorney may be made by the mayor of said city, with the consent of the governing body all as provided by K.S.A. 15-204 and K.S.A. 15-209.
(b) It may be the duty of the assistant city attorney to attend all council meetings, both regular and special; to prepare all ordinances and resolutions for the city; to advise and counsel the city and perform other usual acts necessary and relating thereto whenever the city attorney is unable to perform these duties.
(c) The assistant city attorney may be removed from office in the same manner as heretofore prescribed by ordinance for all appointive officers.
(Ord. 633, Secs. 1:3; Code 2004)
1-316. 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 2004)
1-317. BUILDING INSPECTOR.
(a) The position of building inspector of the city is hereby created by the governing body of the city as a public employee. The building inspector shall be hired by the city manager and any vacancy shall be filled by the city manager’s selection. The building inspector may be removed from the position in the same manner as prescribed for any public employee.
(b) It shall be the duty of the building inspector to administer and perform the duties of the provisions of the Flood Plain Management Code, Chapter 16, Article 3, of the city.
(c) It shall be the duty of the building inspector to administer and perform the duties and provisions of IBC or any other standard building code adopted by the city to ensure safe structures in the city.
(Ord. 1191; Ord. 1405, Sec. 11)
1-318. 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 2004)
1-319. 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 2004)