The mayor shall, at the first regular meeting of the council in May of each year the mayor, by and with the consent of the council, appoint the following officers: a city clerk, city treasurer, municipal judge, chief of police and may in addition appoint police officers, a superintendent of water and sewer, a city attorney, and such other officers whose offices and appointments are provided for by ordinance. All such officers shall perform the duties required by this code and the laws of Kansas, and they shall receive such compensation for their services as shall be fixed by ordinance. No such officer shall be appointed until his or her office shall have been created and the compensation thereof fixed by ordinance.

(K.S.A. 15-204; Ord. 2, Art. 3, Sec. 1; Code 2000)

The mayor shall have authority to hire all other employees, or such authority may be delegated to the respective department heads.

(Code 2000)

(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 mayor upon recommendation of the respective department heads.

(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.

(K.S.A. 15-204; Code 2000)

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 2000)

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. 2, Art. 3, Secs. 2:3, 9; Code 2000)

The city clerk shall:

(a)   Fiscal Records. Prepare and keep suitable fiscal accounting records according to generally accepted accounting principles. Prepare all orders for the purchase of goods and services required by the city and shall make the suitable entries in his or her books of all such orders and contracts entered into by the city which shall obligate the funds or credit of the city. He or she shall keep a separate account of each of the several funds of the city whether it be derived from tax money coming to the city or otherwise and shall promptly credit all money coming to the city of whatever source derived to the proper fund of the city. The money belonging to one fund shall not be placed to the credit of any fund or be transferred to another fund unless there is lawful authority for the same and then only in accordance with the directions of the council. Each separate tax levy shall constitute a separate fund as provided by law authorizing any such levy.

(b)   Budget Duties. The city clerk shall render such assistance as may be required in preparing the budget any ordinance for the levying of taxes and shall certify the same.to the county clerk in the form and manner required by law together with a copy of the budget. In addition, a copy of the annual city budget shall be filed with the state accountant. At the beginning of the budget year the city clerk shall open and keep an account of each fund thereof, showing the total amount appropriated for that fund in the budget, the date, number, and amount of each warrant drawn thereon and the general warrant record. He or she shall keep such records as may be required to show the outstanding contracts or other obligations against any fund of the budget.

(c)   Claims, Audits. Financial Reports and Warrants. The city clerk shall receive and audit all claims and shall present them for the consideration of the council at its next succeeding meeting. He or she shall prepare appropriation ordinances for the payment of all claims to be allowed. He or she shall draw warrants or warrant checks only when appropriations to pay the same have been made by ordinance. His or her account shall properly show the amounts paid from any fund of the city and the cash balance existing in each fund. He or she shall prepare a report showing the financial conditions of the city each month and present the same to the council at its first regular meeting of the succeeding month. The report shall show the balance of the fund at the end of the next preceding month, the amount paid out of any fund and the outstanding claims authorized to be paid for all funds of the city so that the governing body may not create debts nor authorize the issuance of warrants in violation of the budget law. In no event shall the city clerk draw any warrants or warrant-checks which shall call for the payment of funds not represented by cash in the city treasury nor for the total amount of which shall be in excess of the amount authorized for the expenses of-any such fund by the annual city budget.

(d)   Licenses and Certificates. Upon the payment of any license fees or taxes to the city, the clerk shall issue a receipt and/or a license in a suitable form prepared for the purpose. All licenses shall be signed by the mayor and the city clerk and countersigned by the city treasurer and the clerk shall affix the corporate seal of the city thereto. He or she shall prepare and issue on behalf of the city such notices, other certificates, permits, and forms under the seal of the city as may be required by law or ordinance. He or she shall make and preserve such records and accounts pertaining to any such notice, license, permits, and certificates as may be required, and cover into the city treasury all fees or moneys received by him or her by reason of the foregoing, issuing his or her receipts therefor.

(e)   Bond. Record. The city clerk shall keep a fully accurate account of all bonds issued by the city, recording them in a book by date, number, amount thereof, rate of interest, number of coupon, amount of each, to whom payable, where payable, date of maturity, and when canceled upon the return of the same to the city.

(f)   Special Assessments. The city clerk shall keep a record of all special assessments whenever the same shall have been made and he or she shall certify said assessments to the county clerk in the manner provided by law.

(g)   Settlement With Treasurer. The city clerk shall enter in a suitable book under appropriate heading the amount received by the city treasurer from the county treasurer and receipt for by the city treasurer as shown by his or her receipt in duplicate given to the city treasurer, one of which the county treasurer files with the city clerk. The amounts so receipted for, the books and vouchers to be for reference in the settlements between the city treasurer and the county treasurer.

(Ord. 2, Art. 3, Secs. 5:12)

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.

(ord. 2, Art. 3, Secs. 4,9; Code 2000)

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 2000)

(a)   The mayor may 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 ordinance passed by the governing body.

(Ord. 2, Art. 3, Sec. 13; Code 2000)

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; Ord. 2, Art. 3, Secs. 14:17; Code 2000)

The chief of police shall at all times have power to make or order the arrest of all offenders against the ordinances of the city or laws of Kansas as provided by the ordinances and laws and shall have the supervision of all police officers of the city in the discharge of their duties.

(Ord. 2, Art. 3, Sec. 18)

The police officers shall have such duties as may be required by ordinance and as directed by their superior officers.

(Ord. 2, Art. 3, Sec. 19)

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 mayor;

(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 2000)

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 2000)

(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 2000)