(a)   At the first regular meeting in May of every other year the board of commissioners, by a majority vote of the members-elect, shall appoint a city clerk, a city treasurer, a city attorney, municipal judge of the municipal court, chief of police, a fire chief and such other officers, assistants and employees as may be deemed necessary for the best interest of the city.

(b)   The terms of all appointive officers shall be for two (2) years from the first regular meeting in May and such officers shall hold their respective offices until their successors have been appointed and qualified; provided, however, that if the appointment of any officer is made after the first regular meeting in May, such officer shall hold office only from the date of appointment until the first regular meeting of May, next ensuing, and until the officer’s successor is appointed and qualified. All such appointments shall be entered on the journal of proceedings of the governing body.

(c)   The duties and salaries of all appointed officers shall be fixed by ordinance.

(d)   The provisions of this article shall not be construed to limit the duties of the city officers herein named, but shall be construed in every case to create and establish a city office to be held and discharged by said officers.

(e)   This article shall not be construed to limit the authority of the board of commissioners to create other city offices, as the city may require, nor to limit the authority of the board of commissioners to abolish any officer established in this article which has not been created by state law.

(Code 1977, §§ 2.04.180 A. & B. and 2.04.200 A. & B.; K.S.A. 14-1501; Code 2007)

Except as specifically provided in this section, the board of commissioners shall have authority to hire all other employees and office assistants, or such authority may be delegated to the City Administrator and/or the respective department superintendent.

(Code 2007)

The board of commissioners, when authorized by law, may appoint acting city officers to perform the duties of city clerk, city treasurer, chief of police, city engineer, and the duties of any office created by ordinance. All such acting officers shall qualify in such manner as may be required by law. The city clerk shall enter such appointments on the journal of proceedings of the governing body, noting the duration of such appointment and the compensation fixed by the governing body.

(Code 1977, § 2.04.190)

The board of commissioners shall have power by a majority vote of all members elect to remove, for cause, the city attorney, city clerk, city treasurer, municipal judge of the municipal court, city engineer, city administrator or the incumbent of any other appointive city office or employment whatever.

(K.S.A. 14-1503; Code 1977, § 2.04.180 B.)

(a)   Whenever a vacancy occurs in any appointive office for whatever reason, the board shall, by a majority vote of all the members thereof, appoint some suitable person to fill the unexpired term.

(b)   The resignation of any officer appointed under the provisions of this article shall be made in writing to the board of commissioners for their action.

(c)   If any city officer required to be a resident or qualified elector of this city, or to reside within a two-mile radius thereof, removes himself or herself from such territorial limits, such removal shall ipso facto vacate his or her office.

(Code 1977, § 2,04,210 A.:C; K.S.A 14-1504; Code 2007)

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.

(g)   Keep regular office hours of 8:00 a.m. to 5:00 p.m., excluding weekends and holidays

(Code 2007)

The city clerk shall:

(a)   Prepare and keep suitable fiscal records according to generally accepted accounting principles;

(b)   Prepare and keep suitable fiscal records of all authorized petty cash funds;

(c)   Assist in preparing the annual budget;

(d)   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;

(e)   Keep an accurate account of all bonds issued by the city;

(f)   Keep a record of all special assessments.

(Code 1977, § 2.08.090; Code 2007)

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 2007)

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 2007)

(a)   The assistant city clerk shall perform those duties assigned to that office by the city clerk.

(b)   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.

(c)   Compensation of the assistant city clerk shall be set by ordinance passed by the governing body.

(Code 2007)

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 mayor and city clerk;

(e)   No warrant, warrant and check, or certificate of indebtedness shall be registered or paid by the treasurer for any other purpose than for that which the tax levy is made, where one is made; and no part of any fund shall be diverted in any manner to the payment of claims against the city other than for the purpose for which any such fund has been created;

(f)   Cancel all warrants, when the same are used, as soon as they are paid and, in canceling paid warrants, the treasurer shall write against the face of such warrant the word “paid” in red ink and sign the same; provided that, where a combination warrant and check is used and such instrument is stamped “paid” by any bank which is a depository of the city, the treasurer shall not be required to make the above endorsement across the face of such check and warrant.

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

(Code 1977, § 2.12.030 C. & D.; K.S.A. 10-803; K.S.A. 12-1608; Code 2007)

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, and a resident of the city, or resides within a two-mile radius of the city. 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 board of commissioners when so directed to attend by the mayor, commission member, or city administrator;

(b)   Advise the board of commissioners 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 board of commissioners, 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.

(i)    In the event there is no city prosecutor, the city attorney shall serve in such capacity.

(Code 1977, §2.20.010; Code 2007)

The city engineer, or an engineering firm contracted to fill this function, 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 1977, § 2.16.020 M.; Code 2007)

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 2007)

(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 $5,000.00 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 $1,000.00 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 2007)