The mayor shall appoint by and with the consent of the council, a municipal court judge, a chief of police, a city clerk, a city treasurer, a city attorney, a fire chief and such other officers as they may deem necessary. Offices so appointed and confirmed will hold their offices at the pleasure of the mayor and council, and until their successors are appointed and qualified. The appointment(s) thereafter shall be made at the second regular meeting of the governing body in January of each year.

(C.O. No. 1, Sec. 4; C.O. No. 1B; Code 2023)

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

(Code 1983)

(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 1983)

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 1983)

There is created and established the office of City Administrator for the City.

(a)   A qualified person shall be appointed City Administrator by the Mayor. Such appointment shall be approved by a majority of the City Council. The person so appointed shall serve at the pleasure of the Council, for an indefinite term.

(b)   The person appointed to the office of City Administrator shall be at least 25 years of age and shall be a resident within United School District 338, Kansas, unless otherwise waived, at the time of the effective date of such appointment; and shall be a graduate of an accredited university or college, majoring in public or municipal administration or shall have the equivalent qualifications and experience in financial, administration and/or public relations fields.

(c)   Bond. The City Administrator, before entering upon the duties of his or her office, shall file with the City a bond in the amount of $100,000.00, such bond shall be approved by the City Council and such bond shall ensure the City for the faithful and honest performance of the duties of the City and for rendering a full and proper account to the City for funds and property which shall come into the possession or control of the City Administrator. The cost of such bond shall be paid by the City; however, should the City Administrator be covered by a blanket bond to the same extent, such individual bond shall not be required.

The City Administrator shall receive such compensation as may be determined from time to time by the City Council and such compensation shall be payable bi-weekly.

The City Administrator shall serve at the pleasure of the City Council. The Mayor, with the consent of a majority of the City Council, may remove the City Administrator from office at will, and such City Administrator may also be removed by a 2/3 vote of the City Council independently of the Mayor’s approval or disapproval.

(a)   Administrative office: The City Administrator shall be the Chief Administrative Assistant to the Governing Body. Except as otherwise specified by ordinance or by the law of the State of Kansas, the City Administrator shall coordinate and supervise the operation of all departments of the City.

(b)   Budget: The City Administrator shall be the budget officer of the City in accordance with Kansas Statutes and shall assemble estimates of the financial needs and resources of the City for each ensuing year and shall prepare a program of activities within the financial power of the City, embodying in it a budget document with proper supporting schedules and an analysis to be proposed to the Mayor and the City Council for their final approval.

(c)   Financial reports: The City Administrator shall make monthly reports to the Mayor and City Council relative to the financial condition of the City. Such reports shall show the financial conditions of the City in relation to the budget.

(d)   Annual report: The City Administrator shall prepare and present to the Mayor and the City Council an annual report of the City’s affairs, including in such report a summary of reports of department heads and such other reports as the Mayor and City Council may require.

(e)   Personnel system: The City Administrator shall act as the personnel officer of the City and shall recommend an appropriate position classification system and pay plan to the Mayor and City Council and administer an appropriate position classification system and pay plan, as approved by the Mayor and City Council. The City Administrator shall supervise employees in the areas of responsibility to involve such duties as instructing, assigning and reviewing work, maintaining standards, acting on employee problems, selecting new employees, appraising employee performance, recommending promotions, discipline, termination and salary increases. Maintains operational control and supervision of all appointed department managers and their departments. The City Administrator, after consultation with department heads, shall approve advancements and appropriate pay increases within the approved pay plans and position classification system. The City Administrator shall have the power to appoint and remove (in accordance with personnel system regulations approved by the City Council) all subordinate employees of the City. The City Administrator shall make recommendations to the Mayor regarding the appointment and removal of all appointive officials of the City.

(f)   Policy formulation: The City Administrator shall recommend to the Mayor and City Council adoption of such measures as he or she may deem necessary or expedient for the health, safety, or welfare of the City or for the improvement of administrative services for the City.

(g)   City Council agenda: The City Administrator shall assist the Mayor in preparing an agenda for each City Council meeting at least 48 hours before the time of the regular Council meeting.

(h)   Boards and committees: The City Administrator shall work with all City boards and committees to help coordinate the work of each.

(i)    Attend Council meetings: The City Administrator shall attend all meetings of the City Council meetings.

(j)    Bid specifications: The City Administrator shall supervise the preparation of all bid specifications for services and equipment, and receive sealed bids for presentation to the City Council.

(k)   State and federal aid program: The City Administrator shall coordinate federal and state programs which may have application to the City.

(l)    Conference attendance: The City Administrator shall attend state and regional conferences and programs applicable to his or her office, and the business of the City, whenever such attendance is directed and approved by the City Council and the Mayor.

(m)  Press release: The City Administrator, in conjunction with the Mayor, shall be responsible for keeping the public informed in the purposes and methods of City government through all available news media.

(n)   Record keeping: The City Administrator shall keep full and accurate records of all actions taken by him or her in the course of his or her duties, and he or she shall safely and properly keep all records and papers belonging to the City and entrusted to his or her care; except as otherwise provided by law, all such records shall be and remain the property of the City and be open to inspection by the Mayor and the City Council at all times.

(o)   Sign contracts: The City Administrator shall sign contracts on behalf of the City after the contract has been approved or authorized by the City Council.

(p)   Enforce ordinances: The City Administrator shall execute and enforce all ordinances of the City.

(q)   The City Administrator shall perform such other duties as may be described or amended in any City Administrator job description or employment contract.

(a)   City property: The City Administrator shall have responsibility for all real and personal property of the City subject to his or her authority. He or she shall have responsibility for all inventories of such property and for the upkeep of all such property. Personal property may be sold by the City Administrator only with approval of the City Council. Real property may be sold only with the approval of the City Council by resolution or ordinance.

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 2006)

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 council;

(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 1983, 1-310)

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 2006)

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 2006)

(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 2006)