(a) By vote of a majority of the city council, the city may provide for the employment of a city clerk, a city building inspector, a city treasurer, a fire chief, a city superintendent, a street commissioner, a city engineer, a city attorney, and a municipal court judge.
(b) The duties and pay of the various officers provided for in this section shall be regulated by resolution and this code, and/or the City’s Employee Handbook, or by an individualized contract of employment negotiated in writing between the city and officer. All officers shall be employees at will and subject to termination by a majority vote of the city council.
(C.O. 6; Ord. 790; Code 2016)
(a) None of the code shall be construed to limit the duties of the city officers therein named, and they shall have additional duties as may be required by the mayor and council for the general operation and maintenance of the city.
(b) The city council may create other city offices as the city may require hereafter and may abolish any office herein established which shall not have been created by the laws of the state for cities of the third class.
(c) The same person may be employed in one or more offices, except that the same person shall not be employed for incompatible offices.
(C.O. 6; Ord. 790; Code 2016)
The city council shall have authority to hire all other employees, or such authority may be delegated to the respective department heads.
(Code 2016)
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 2016)
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 2016)
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 2016)
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 2016)
(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 be an employee at will and subject to termination by a majority vote of the city council.
(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 ordinance passed by the governing body.
(Code 2016)
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 2016)
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 when so requested to attend by the mayor or city clerk, or when the city attorney expects to be called upon to provide legal advice or counsel on a particular city issue;
(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 mayor, 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 2016)
(a) 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 to practice law in the State of Kansas. The city prosecutor shall:
(1) Attend meetings of the governing body when so directed to attend by the mayor or city attorney;
(2) Advise the city council and all officers of the city upon legal questions affecting the city and its officers as may be submitted to him or her;
(3) Draft such ordinances and other instruments in writing as may be submitted to him or her in the regular transactions of the affairs of the city;
(4) Appear and prosecute all violations of city ordinances in municipal court;
(5) Perform such other duties as may be prescribed by the governing body and the Kansas statutes.
(b) The governing body may appoint a city prosecutor in accordance with section 1-301. The city attorney may serve in the dual capacity of city attorney and city prosecutor and, in the event there is no city prosecutor, the city attorney shall serve in such capacity.
(Code 2016)
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 2016)
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 2016)
All city officers and employees shall comply with the requirements of K.S.A. 75-4301a et seq., concerning governmental ethics and refrain from making or participating in the making of a contract when prohibited by state law.
(Code 2016)