Chapter 1 · Administration

Article 3. Officers and Employees

Sections 1-301 to 1-314 · 14 sections

1-301 City clerk.

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 1975, 1-307:311; Code 1991)

1-302 Same; fiscal records.

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 1975, 1-307:311; Code 1991)

1-303 Same; seal; oaths.

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 1975, 1-307:311; Code 1991)

1-304 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 1975, 1-307:311,313:324; Code 1991)

1-305 Deputy city clerk.

(a)The office of deputy city clerk is hereby established. The city manager shall appoint the deputy city clerk.

(b)The deputy city clerk shall perform those duties assigned to that office by the city clerk or city manager.

(c)Whenever a vacancy occurs in the position of city clerk 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.

(Ord. 1285, Secs. 1:2; Code 1991; Code 2010)

1-306 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 a quarterly 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 city manager;

(e)Perform such other duties as may be prescribed by the city manager or the Kansas statutes.

(K.S.A. 10-803; K.S.A. 12-1608; Code 1975, 1-325:331; Code 1991)

1-307 City attorney; office; duties.

There is hereby established the office of city attorney. The city attorney shall be appointed by the city manager. 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 governing body when so directed to attend by the governing body;

(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 city 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 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, the city manager and the Kansas statutes.

(Code 1991)

1-308 City engineer.

The city engineer shall be a licensed professional engineer in the State of Kansas. He or she shall be responsible for duties assigned by the city manager as from time to time are appropriate.

(Code 1991)

1-309 City manager.

The administration of the city’s business shall be in the hands of a city manager.

(K.S.A. 12-1024; Code 1975, 1-201)

1-310 Appointment; term; qualification.

Annually on the anniversary date of the hiring of the city manager, the governing body shall review the appointment of the city manager. He or she shall hold office at the pleasure of the governing body. The governing body may, at its discretion, delay appointment of the city manager until the third meeting of the governing body following the anniversary date. The city manager in office shall continue in office until his or her successor is appointed. Whenever a vacancy occurs by virtue of dismissal, resignation, death or disqualification, the governing body shall immediately appoint another city manager. The city manager shall be chosen solely upon the basis of administrative ability and the choice shall not be limited by any resident qualifications.

(K.S.A. 12-1024, 12-1025; Code 1975, 1-202; Code 1991)

1-311 Salary; bond.

The city manager shall receive a salary to be fixed by the governing body and shall give a bond for the faithful performance of his or her duties in such amount as may be required by the city.

(K.S.A. 12-1024, 12-1025; Code 1975, 1-203)

1-312 Duties of city manager.

The city manager shall appoint a municipal judge, city treasurer and city attorney, as well as the heads of the various departments of the city as hereafter designated. The city manager shall be responsible for the enforcement of the laws and ordinances and for the proper discharge of the duties of the respective city administrative officers and employees. He or she shall have the power to appoint and remove all nonelective heads of departments, officers and employees of the city and will undertake any other ministerial acts assigned to him or her by the governing body. The city manager may perform the duties of the head of any city department for which duties he or she is qualified, as deemed appropriate by the current job description. He or she may designate one person to be the head of one or more departments or offices of the city except where the duties of such offices would be incompatible. He or she shall be responsible for discipline of all appointive officers and may, without notice, cause the affairs of any department or the conduct or accounts of any officer or employee to be examined. He or she shall prepare or cause the preparation of the annual budget to be submitted to the governing body for its approval. He or she may make recommendation to the governing body on all matters concerning the welfare of the city and shall have a seat, but not a vote, in all public meetings of the governing body.

(Code 1975, 1-204; Code 2010)

1-313 Countersign warrants.

The city manager shall countersign all warrants or warrant checks issued by the city clerk.

(Code 1975, 1-208)

1-314 Payroll deductions.

The city manager is authorized and directed to make arrangements for deductions from payroll for all or part of the cost of group health, accident and/or life insurance plans and other deductions for community or united funds.

(Code 1975, 1-209; Code 1991)