CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\ARTICLE 3. OFFICERS AND EMPLOYEES

1-301.          Appointment.

(a)   The Mayor, with the consent of the Council, may appoint, at the first regular meeting of the Governing Body in May of each year, the following city officers: A city administrator, a municipal judge of the municipal court, a city attorney, a city prosecutor, a marshal-chief of police, and such other officers as deemed necessary. The duties and pay of the various officers provided in this section shall be regulated by ordinance except as herein provided. Every appointment to office, and the date thereof, shall be entered on the journal of the proceedings of the Council.

(b)   All seats for all non-elected boards, commissions, and committees shall be filled by the customary appointment and reappointment process at the first City Council meeting in the month of January of the year in which that appointment expires. The City Council shall confirm such appointments by resolution.

(K.S.A. 15-204; Ord. 235, Sec. 1; Code 1989; C.O. No. 12; Code 2017; Ord. 658)

(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.

(c)   Employees, other than appointed officers, may be removed by the city administrator upon consultation with the mayor.

(d)   No officer or employee shall be removed for any reason until he or she has been given notice and afforded the opportunity for a hearing.

(e)   The removal from such city of an officer, who is required to be a qualified elector thereof, shall occasion a vacancy in such office.

(K.S.A. 15-204; Code 2003; C.O. No. 12; Code 2017)

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 1989; C.O. No. 12)

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.

(Ord. 51, Sec. 1; Code 1989)

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 1989)

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 1989)

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 of the Kansas statutes.

(Code 1989)

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 2003)

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 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 mayor/governing body;

(g)   Perform such other duties as may be prescribed by the governing body and the Kansas statutes.

(Ord. 51, Sec. 1; Code 1989)

There is hereby established the office of city prosecutor. No person shall be eligible for the office of city prosecutor who is not an attorney at law admitted practice in the Supreme Court of the State of Kansas. The city prosecutor shall:

(a)   Appear and prosecute all violations of city ordinances in municipal court when his or her services shall be required.

(b)   Perform such other duties as may be prescribed by the governing body and the Kansas statutes.

(Ord. 356; Code 2003)

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 1989)

(a)   The city clerk for the city is hereby authorized to issue warrants for city obligations without approval of the warrants by the governing body when:

(1)   The governing body has approved the expenditure and the obligation is in compliance with that approval, and

(2)   It is in the best interest of the city to issue the warrant in order to take advantage of a discount for early payment, or to avoid a penalty for late payment or is otherwise in the best interest of the city.

(b)   All warrants issued in this manner must be approved at the next regularly scheduled city council meeting.

(Ord. 267, Secs. 1:2)

It shall be the general practice for the governing body to issue directives and orders to the department heads for the completion of such orders and directives.

(Ord. 235, Sec. 3; Code 1989)

The following relatives of any elective or appointive officer, or official are disqualified from holding any appointive office to include, but not limited to, the offices of City Administrator, City Clerk, Police Chief, Public Works Director, City Prosecutor, City Attorney, City Engineer, and Judge during the term for which elective or appointive officer or official was elected or appointed: spouse, child, parent, grandchild, grandparent, brother, sister, half-brother, half-sister, or the spouses of any of them. All relationships shall include those arising from adoption. ·Any exceptions must be approved by the Governing Body.

(Ord. 260; Ord. 460; Code 2003; Ord. 540; Code 2017)

(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 1989)

The officers appointed under this code shall be qualified electors of said city, except the city may appoint nonresidents for any appointment it deems necessary. The city attorney shall be a qualified elector of the county in which said city is located or of an adjoining county. To prompt the public health, safety, or convenience, all department heads, public works directors and any City officers or employees are required to reside no further than 30 minutes travel time from the Rose Hill city limits.

(K.S.A. 15-209; C.O. No. 154; C.O. No. 389; C.O. No.11; C.O. No. 12; Code 2017)

(a)   There is hereby created and established the office of city administrator. The administrator shall be appointed by the mayor with the consent of the city council. The appointment of the city administrator shall be made annually with the other city appointments at the first meeting in May. The city administrator shall serve at the pleasure of the governing body and may be removed by giving 30 days written notice.

(b)   Powers, Duties, and Responsibilities. Except as otherwise provided by law or the ordinances of the city, the city administrator shall:

(1)   Supervise and coordinate all administrative departments, services and day-to-day operations of the city and be responsible for the proper and efficient discharge of the duties of city administration officers and employees;

(2)   Recommend to the mayor for the approval of the governing body the hiring of all appointive officers;

(3)   Shall be responsible for the hiring and the continued employment of all city employees;

(4)   Provide guidance and direction to department heads in the implementation of all city ordinances and administrative policies as developed by the governing body;

(5)   Prepare and submit the annual budget of the governing body, with the assistance of the city clerk, keeping the body fully, completely, and timely advised as to the financial condition of the city;

(6)   Exercise general supervision and control over all city purchases and expenditures in accordance with the budget and such policies as may be established by the governing body;

(7)   Recommend to the governing body a schedule of salaries for all officers and employees;

(8)   Supervise the care and management of all city-owned land, property, buildings, and equipment;

(9)   Develop and prepare such planning, short-range and/or long-range, as the governing body shall request and shall submit such planning to the governing body for action;

(10) Attend all meetings of the governing body and such other meetings of commissions and other organizations as the governing body shall designate. Shall regularly report on the status of the city and its services to the governing body and make such recommendations as are deemed necessary for effective administration of all city services; and,

(11) Perform such other duties as the governing body may direct.

(c)   Orders and Reports. It shall be the general practice of the governing body to issue all orders and directives to all city officers and departments and receive reports and communications therefrom through the office of the city administrator.

(Ord. 376, Secs. 1:3; C.O. No. 12; Code 2017)