The governing body shall consist of a mayor, one commissioner of finance and revenue, one commissioner of streets and parks, one commissioner of police and one commissioner of utilities to be elected as set out in Chapter 6, Elections, of this code.

(Ord. C-1-74, §§ 2 & 3, 1974, Code 1977, Code 2007)

All powers exercised by cities of the second class or which shall hereafter be conferred upon them shall be exercised by the governing body, subject to such limitations as prescribed by law. All executive and administrative authority granted or limited by law shall be vested in the mayor and city commissioners as the governing body of the city.

(K.S.A. 12-103; Code 2007)

(a)   Regular meetings of the governing body shall be held on each and every first, third and fifth Monday of each month in the regular meeting in the City Hall of said City, at such times as shall be fixed by said Board of Commissioners, and take under advisement and act upon such business as may come before them. In the event the regular meeting day shall fall on any legal holiday or any day observed as a holiday by the city offices, the regular meeting of the governing body shall be held the day specified by the Commission at the regular meeting prior to the legal or observed holiday

(b)   Special meetings may be called by the mayor and one commissioner. The call of the special meeting shall be in writing, specifying the object and purpose of such meeting, which request shall be entered at length on the journal. No other business shall be transacted except that specified in the call. Written notice of any special meeting shall be served personally upon each member or left at the member’s usual place of residence at least 2 hours in advance of such meeting. The notice shall state the time, place and object of the special meeting, and shall be issued by the city clerk to the chief of police, a deputy or a police officer, or other city employee, who shall be required to make such service at once as provided above, and the person serving the notice shall make a return of service in writing, showing the time manner and location of service.

(c)   Regular or special meetings of the governing body may be adjourned for the completion of its business at such subsequent time and place as the governing body shall determine in its motion to adjourn.

(Code 1977, §§ 2.04.130 A. & 2.04.140; K.S.A. 14-1403; Code 2007; C.O. No. C-1-07; Code 2022)

In all cases, it shall require a majority of the board of commissioners-elect to constitute a quorum to do business. Provided, however, that no final action shall be taken relative to the department of any absent commissioner unless the business has been made a special order or unless such action is taken at a regular meeting.

(Code 1977, § 2.04.130 C.; Ord. C602 § 1, 1980; K.S.A. 14-1308; Code 2007; C.O. No. C-1-07)

The mayor shall preside at all meetings of the commission. The mayor shall sign all ordinances passed by the commission and shall have the right to vote as a member of the commission on all questions which may arise, but the mayor shall have no veto power.

(Code 1977, § 2.04.060; K.S.A. 14-1401:1402.)

(a)   The commissioner of finance and revenue shall have under his or her special charge the preparation of an annual budget, the collection of all revenue belonging to the city from whatever source the same may be derived, and the management of the finances of the city. The commissioner of finance and revenue shall also act instead of the mayor at all times during which the mayor is unable to perform the duties of his or her office by reason of temporary or continual absence, sickness or disability, and the commissioner of finance and revenue shall be invested with such powers and shall perform all of the duties of the mayor of the city during such absence or sickness.

(b)   The commissioner of streets and parks shall have charge and supervision of the streets, alleys, public highways, sidewalks, bridges and city parks.

(c)   The commissioner of utilities shall have charge and supervision over any waterworks, sewer works, light plant, power plant, gas plant, street railway, telephone or telegraph lines, or any other public utility owned by the city.

(d)   The commissioner of police shall have under his or her special charge and be responsible for enforcement of all city ordinances and police regulations of the city; and shall be in charge of the police department of the city.

(Code 1977, §§ 2.04.060:100; K.S.A. 14-1307 & 14-1404)

The governing body may designate whether the administration of a policy or the carrying out of any order shall be performed by a committee, an appointive officer, or the mayor. If no administrative authority is designated it shall be vested in the mayor.

(Code 2007)

(a)   In case of any vacancy from any cause in the office of mayor or any commissioner, the remaining members of the board of commissioners shall, within 10 days after the occurrence of said vacancy, elect some suitable person to fill the position until the next city election. A which time, a successor shall be elected to fill the unexpired term if any portion of it is unexpired. In case such remaining members cannot agree upon some such suitable person, then they shall call in the city attorney, who shall cast the decisive vote for such appointment.

(b)   The resignation of the mayor or any commissioner elected under this act shall be made in writing for their action thereon.

(c)   If the mayor or any commissioner removes himself or herself from the territorial limits of the city, such removal shall ipso facto be deemed to create a vacancy in his or her office. If any person elected to the office of commissioner or mayor does not qualify within the required time, he or she shall be deemed to have refused to accept the office and a vacancy shall exist. Thereupon, by majority of the commissioners, and by voice vote, they shall appoint a suitable elector of the city to fill the vacancy of the term to which the refusing person was elected until the next election for that office.

(Code 1977, § 2.05.050 C.; Ord. C-1-74; K.S.A. 14-1305; Code 2007; K.S.A. 12-104a)

Members of the governing body shall receive as compensation such amounts as may be fixed by ordinance.

(Code 2007)

Each member of the governing body shall receive for his or her services and as reimbursement for his or her expenses, compensation as follows:

(a)   Mileage at the same rate as is established by law by the state of Kansas for state employees for each mile traveled by the shortest route upon the performance of duties assigned by the mayor and/or commission.

(b)   Reimbursement for actual food and lodging expenses upon the performance of duties assigned by the mayor and/or city commission, provided such expenses shall be documented by proper receipts.

(Code 2007)

(a)   The board of commissioners may provide such standing or special committees as may be needed; and, unless it otherwise determines, such committees shall be appointed by the mayor with the consent of the board of commissioners.

(b)   Standing committees shall be constituted at the first regular meeting of the board of commissioners following the qualifications of new commissioners elected at a regular city election and shall continue for one year.

(c)   When a new commissioner is elected at a special election to fill a vacancy in the board of commissioners, such commissioner shall be assigned to standing committees and in such event, the board of commissioners may authorize the reappointment and reorganization of any or all committees.

(d)   Each committee shall make studies and recommendations and shall oversee the conduct of city affairs for the benefit of the board of commissioners as may be determined by the board of commissioners.

(Code 1977, §§ 2.04.160:170)

(a)   There is hereby incorporated by reference for the purpose of establishing a code of procedure for the conduct of city commission meetings of the City of Hiawatha, Kansas, that certain model code known as the "Code of Procedure for Kansas Cities," Fourth Edition (2017), prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas save and except for such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed.

(b)   At least three copies of the "Code of Procedure for Kansas Cities" shall be marked or stamped "OFFICIAL COPY AS IN CORPORATED BY ORDINANCE NO. 2098, with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this ordinance. All official copies shall be filed with the city clerk to be open to inspection by the public during all reasonable business hours. Official copies of the "Code of Procedure for Kansas Cities" shall be furnished to all persons or departments charged with the enforcement of the code or to whom the Code is applicable and to such others as may be deemed necessary. All such copies shall be furnished at the cost of the city.

(c)   Omissions and deletions. Sections 28, 32, 33, 34, 35, 37, 39, and 40 of the "Code of Procedure for Kansas Cities" (Fourth Edition) relating to "Voting" are hereby declared to be and are omitted and deleted.

(d)   Same; changes and revisions. Sections of the "Code of Procedure for Kansas Cities" (Fourth Edition) listed below are hereby changed to read as follows:

Section 1.      Governing Body. The term "governing body" shall include the mayor and commissioners.

Section 2.      Quorum. A quorum shall consist of a majority of the members elect of the city commission including the mayor.

Section 12.    Order of Business. At the hour appointed for the meeting, the Mayor shall call the meeting to order. The Commissioner of Finance and Revenue shall preside in the absence of the Mayor. Upon having a quorum present, the governing body shall proceed to business, which shall be conducted in the following order:

I.     Call to Order

II.    Consent Agenda (including approval of minutes of the last regular meeting and intervening special meetings);

III.   Regular Agenda

1.    Public Comments, Petitions, and Memorials

2.    Old Business

3.    New Business

IV.  Reports from Commission and Staff

V.    Adjourn

Section 27.    Form of Vote. All votes shall be by roll call, voice vote, or, in the alternative, the mayor may request that a vote be by "show of hands." No vote shall be by secret ballot.

Section 36.    Same; Ordinary Ordinance; Commission City. The adoption of an ordinary ordinance requires three (3) affirmative votes of the commission. [e.g., This is a majority vote of the members-elect of the commission including the mayor.]

Section 38.    Same; Charter Ordinance; Commission City. The adoption of a charter ordinance requires four (4) affirmative votes of the commission. The mayor is considered a member of the governing body. [e.g., This is a two-thirds vote of the members-elect of the governing body.]

(Ord. 950; Code 2007; Ord. 2022; Ord. 2098; Code 2022)